If you do neither, the landlord can start the eviction process. If you have repeatedly failed to pay rent on time, and especially if you have received a previous Pay Rent or Quit notice, you may be at risk of receiving an Unconditional Quit notice based on failing to pay rent. This means that you do not have the opportunity to pay what you owe and are required to move.
However, if the landlord accepts a partial payment of the rent, this likely will negate the existing Pay Rent or Quit notice. The landlord would need to start over with a new notice if they want to collect the remaining rent. Yes, a landlord can evict you if there is no lease. If there is no written lease, it is possible that you have an oral agreement based on a verbal understanding with the landlord.
This oral agreement and its terms will be valid and enforceable if the lease period is one year or less. If there is no lease, either written or oral, a landlord still can evict you. This is because the lack of a lease means that you are in a month-to-month tenancy at will and must pay rent on a monthly basis, or more frequently if you have an agreement to that effect. However, a landlord generally must provide notice of terminating your tenancy. A landlord cannot legally evict you without a court order, whether or not you have a lease.
A landlord can evict a tenant only by going through a formal eviction proceeding, which can take a few weeks from start to finish.
Depending on the type of termination notice that the landlord sends, the eviction process might not even start for a week or more after the tenant gets the notice. Or it might be expedited if you are alleged to have engaged in serious misconduct, such as committing a crime or posing a safety risk. This can give you extra time to plan a move if you believe that the eviction may go through.
Once a landlord gets a judgment of eviction, however, the process tends to move very quickly. The sheriff or marshal will probably come to remove you within a few days if you have not left before then. Grounds for getting an eviction stopped or postponed are limited and usually require proof of an extreme hardship. Yes, a landlord can sue for back rent after an eviction.
This is a debt that you owe the landlord. If the security deposit does not cover the full amount of back rent or property damage that you caused, however, the landlord can go to small claims court to get a judgment for the rest of it. You should make sure to participate in this proceeding to avoid having a default judgment entered against you, which can harm your credit rating.
You may even be able to convince the judge or the landlord to let you pay the back rent in installments or compromise on a lesser amount. Yes, you can sue a landlord for injuries that you suffer in an accident on the premises. This means that the landlord was responsible for the area where the accident occurred or the issue that caused the accident, but they failed to take reasonable care in addressing it. The accident also must have been a foreseeable result.
You can potentially get compensation for your medical bills, lost income and earning capacity, costs of future treatment, pain and suffering, emotional distress, and other losses, especially if the injury is serious or permanent. However, you should be aware that your compensation award may be reduced if you were also partly responsible for causing the accident. In some egregious, less common situations, a landlord may act recklessly or intentionally in causing injuries to a tenant.
This may support an award of punitive damages in addition to compensatory damages, although the availability of punitive damages depends on state law. A landlord is often responsible for damaged property. You would need to show that they created the condition that caused the property damage, such as by failing to make major repairs when needed. If you caused the condition that resulted in the property damage, however, the landlord will not be responsible.
Specific rules apply to property that is left behind after a tenant moves out. A landlord sometimes may be liable for property damage or loss that was a foreseeable result of how they stored abandoned property, if the property has some objective value. A landlord may be responsible for mold if they created the condition that caused the mold to develop. They also may be responsible for failing to fix an outbreak of mold in your unit, even if they include a clause in the lease or rental agreement that aims to negate this liability.
A landlord may be required to compensate you for property damage that resulted from the mold if they were responsible for the condition that caused it. If you were responsible for the condition that caused the mold, you cannot get compensation from the landlord. Landlord harassment can range from annoying to criminal. However, a landlord also has a right of entry as the property owner, so you should look into the situation carefully before suing the landlord to make sure that your right to privacy was actually violated and that the landlord failed to follow any required procedures.
More obvious forms of harassment include defamation and telephone harassment. A landlord is not allowed to spread false information about you, and they cannot disrupt your work environment by criticizing you to employers or coworkers.
Some landlords even break the law and assault, sexually assault, or spy on their tenants. This is not only a basis for a civil harassment claim but also possibly a basis for criminal charges, so you should get the police involved if your landlord has engaged in extreme misconduct.
Each situation is different, but generally you need a lawyer if the stakes are high or the matter is complex. For example, the outcome of an eviction proceeding can have a huge impact on the quality of your life and your financial stability, so you may want to retain an attorney in this situation.
If you suffered serious injuries in an accident and want to bring a claim against your landlord for hundreds of thousands or millions of dollars in damages, you should probably hire a lawyer to make sure that you make the strongest possible case and do not overlook any nuances.
If a dispute involves a novel or technical area of law, such as the placement of satellite dishes in your unit, you may want a professional to advise you. On the other hand, you may not need a lawyer to negotiate with a landlord about making repairs or making changes to a lease. If you just want to know more information about your rights and obligations, you are probably better off researching your questions on your own rather than paying a lawyer a fee to talk with you.
For example, if you want to understand better how to rent a home as a group of roommates , or how to sublet your apartment to someone else, you may be able to find an answer to these questions online and perhaps even on this website.
In most places, state law mandates that landlords are responsible for maintaining common areas by, at a minimum, keeping them clean and safe. You should immediately call the Clerk of the Court at to explain why you cannot appear.
Ask the clerk for his or her name and write it down. You also should immediately call your guest or the guest's attorney to tell him or her that you cannot appear. If you have time to come to court on another day before your court date, you can file a notice with the court explaining that you cannot come to court and requesting a new date.
If the clerk does not give you another date to appear in court, get to court as soon as possible and find out what happened. Even if you call the court, the judge may still dismiss your case. If your case is dismissed because you are not there, it is called a "dismissal for want of prosecution," and you can usually file a motion to re-open the case or file a new case. If the guest does not come to court on the initial hearing date, you can usually have a "default" entered against the guest during the morning roll call.
In most cases, a default means that a judgment for possession will be entered after you file paperwork with the court proving that the defendant is not in the military. In some cases, you are also required to present proof called "ex parte" proof of your case to the court before you can get a judgment for possession, even if the guest does not come to court or if the guest came to court but left or did not come back to court for a continued hearing.
If proof is required, the judge might set another court date about two weeks after your first one. If the guest does not come to court, the clerk will usually tell you if you need to appear in front of the judge after roll call.
If you aren't sure, you can ask the clerk after the roll call is over what you should do next. Filing an Answer is not required in Landlord Tenant Court unless the guest wants to request a jury trial instead of a "bench trial" before a judge.
After you get a judgment for possession, you must wait two full business days before you can file a Writ of Restitution. A Writ of Restitution is a document that authorizes the U. Marshals Service to schedule an eviction. Marshals Service. The U. Marshals Service sends a copy of the writ to the guest.
Marshals Service will call you to schedule the eviction. The soonest an eviction can take place is on the fourth business day after the writ is filed. The writ is valid for 75 days. If the guest is not evicted in the 75 days, then you will have to file a new or "alias" writ. Remember, the U. Marshals must be present during the eviction. However, the U.
You will need to find or hire an eviction crew. The size of the eviction crew depends on the size of the home being evicted. For more information about the U. You also may want to schedule a locksmith to come to the property to make sure the locks are changed at the same time as the eviction.
For more information about the eviction process generally, click here. Once you complete the Application and Affidavit, you will appear in front of the judge who will decide whether to grant your request. You can click here for the form.
You will also have to pay for an eviction crew or find friends who will help you do it for free. These costs usually cannot be waived.
Check out our calendar of legal clinics and resource centers! View all. L aw H elp. Hide Visit. Text size: A A A. Courts Public Health. Search for resources and organizations in this language Advanced Search. Give a deadline by which the roommate and the roommate's personal property must be out of the rental. Even though the roommate isn't an official tenant, you should give at least the same amount of notice required to end a month-to-month tenancy.
In most states, the notice period is 30 days. Make sure that your roommate receives the notice: As silly as it might seem given that you live together, consider mailing the notice via certified mail for proof of receipt.
Keep a copy of the notice for yourself. If your roommate ignores your notice and remains in the rental, you might have to file an eviction lawsuit. In general, the procedures for evicting a resident who isn't a party to the lease or rental agreement will be the same as those for official tenants, but your state or local laws might be an exception.
A local landlord-tenant attorney can help you navigate how to proceed in your area's courts. Keep in mind that—regardless of the roommate's status on the lease or rental agreement—it is never legal to physically remove or lock out a tenant or a roommate who might have legal rights similar to a tenant's from a rental. Even when your landlord approves a subtenancy, removing the subtenant can be challenging. Depending on the terms of your lease or rental agreement, you might be solely responsible for terminating the subtenancy.
If the subtenant doesn't leave voluntarily, you might also have to file an eviction lawsuit on your own. Evicting a subtenant can be especially difficult when you don't have a written subtenancy agreement covering issues such as termination and eviction rules and procedures. It can be especially complex if the property is rent-controlled and requires "just cause" a good reason to evict. In any case, eviction lawsuits can be an expensive and time-consuming process.
Depending on your relationship, you might consider enlisting your landlord's help in removing the unwanted roommate—especially when the landlord approved a subtenancy or was aware of the roommate. However, if you brought in an occupant in violation of a clause in your lease or rental agreement such as a no-long-term-guests clause or a no-subletting clause , your landlord might simply terminate your tenancy to be rid of the problem.
Even if your landlord would like to help you remove your roommate, your landlord might ultimately decide there's no viable solution other than to evict all people living in the rental and start fresh with a new tenant. Due to the complexity of getting rid of an unauthorized occupant in your rental, consider consulting with a local landlord-tenant attorney before taking any action. As discussed above, state, local, and rent control laws vary greatly, and often just one misstep under the law can set you back to square one in the process of removing a roommate.
If your roommate is abusing you or you are concerned that your roommate is going to harm you, contact the police for information on temporary restraining orders and communicate your fears to your landlord. Some laws give special protections to tenants who are victims of domestic violence. When looking for help as a victim of abuse, remember to consider how private your computer, Internet, and phone use are.
Consider whether there's anything you can and should do to prevent someone else from learning that you're doing research or seeking help.
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