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Frequently Asked Questions

Can our landlord/agent evict us if he wants to?

Contracts
All landlords must comply with the Protection from Eviction Act . Court action must be taken to remove you from the property/room. Under no circumstances can the locks be changed, access refused or your possessions removed. This would amount to an illegal eviction and you could sue for damages. This applies to University Accommodation as well as the private sector.
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a landlord, if I find out that a sex offender is renting property from me, can I evict him/her?

The Department of Public Safety - The University of Iowa
The landlord rents month-to-month, and gives the tenant notice to vacate at least 30 days before the next month's rent is due. If the tenant poses a clear and present danger. This would have to include the tenant committing an act, or threatening to commit an act, that would cause harm to a tenant or the landlord; or committing an act, or threatening to commit an act that would cause harm to someone either on or within 1,000 feet of the rental property.
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Will you or the Landlord evict me for calling the Housing Inspector?

City of Rock Island, Illinois - Frequently Asked Questions
Non-payment of rent or other lease violations are grounds for eviction; the Illinois Retaliatory Act prohibits the landlord from evicting for complaints to any governmental authority. How do I get a marriage license, a birth certificate, a death certificate, information about my property taxes, information about my court date, my probation officer, my child support.
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What can I do if my landlord is harassing and/or threatening to evict me?

Gas safety frequently asked questions - Guidance to tenants
Shelterline is Britain's first 24 hour, free, national housing helpline. It provides advice to anyone with a housing problem. Its advisors will tell you your rights, explain your options and help you to take action. If appropriate you may also be asked to contact your local Shelter housing aid centre. Further advice is also available by logging on to www.shelternet.org.uk
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I can't pay all of my rent this month. Can the landlord evict me?

VDACS - Office of Consumer Affairs - Landlord-Tenant Frequen...
The full rental amount is due and payable on the date stated on the lease. If you fail to pay that amount, the landlord may issue a "pay or quit" notice that requires you to pay the full amount by a given date. The landlord is not obligated to accept partial payments. The landlord cannot remove your property or take other action against you to remove you, but must rely on an eviction notice from the courts to take possession of the property.
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Can my landlord evict me if I have a pet?

Frequently Asked Questions
Under the RTA, even if you sign a lease that states no pets are allowed, you can still have a pet. Section 14 of the RTA specifically voids all "no pets" clauses in a lease. You can only be evicted for having a pet if your pet is disturbing other tenants or the landlord, or is considered a dangerous breed. Even if you are aware that an apartment is in need of repairs when you agree to rent it, your landlord is still responsible for taking care of the repairs and maintenance.
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When can a landlord legally evict a tenant?

Smith Debnam - Raleigh North Carolina Attorneys at Law - fre...
a) When a tenant holds over in possession of the property, without permission from the landlord and after the landlord has made a demand for him to leave the premises; b) Some counties in North Carolina allow eviction when a tenant or cropper enters into a contract for the rental of land for the current or ensuing year and willfully neglects or refuses to perform the terms of his contract without just cause; ii.
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Does my landlord have to have a reason to evict me?

Tenant Verification, Screening, Credit Checks, Landlord Serv...
Just as tenants do not have to provide a reason for a 30-day notice to end the rental agreement, landlords in San Mateo County do not have to provide a reason for providing a reason for their 30-day or 60-day notices. Tenants who have lived in the rental for one year or more receive a 60-day advance written notice and tenants who have lived in the unit for less than one year receive a 30-day advance written notice. (The only exception is in East Palo Alto.
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Can My Landlord Evict Me Because of Flood or Fire Damage?

LawHelp State Frequently Asked Questions
Generally, you cannot be evicted if you have a written lease and your apartment was only "partially" damaged. Read your lease to see if it allows your landlord to evict for "partial" destruction. Total" destruction by flood or fire generally ends the lease and allows your landlord to evict. If you have an oral month-to-month lease, your landlord may cancel your lease by giving you 10 days notice before the end of the rental month.
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What must a landlord do to evict a tenant?

The Law Offices of Trey Phillips, LLC- Copyright & Disclaime...
Before contacting the court to initiate eviction proceedings, the landlord should read the lease and be familiar with its provisions and comply with its terms regarding notice and termination. Once the terms of the lease have been followed, Georgia law requires a landlord to go through court to remove a tenant. First, before going to court, the landlord must demand that the tenant immediately give up possession and vacate. This demand is best made in writing.
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Can my landlord evict me when there are so many repairs that need to be made?

County Civil FAQ
The landlord and tenant have obligations set out in F.S. 83.51 and 83.52. If the rental agreement is to be terminated, the statutes also outline the procedures for terminating a rental agreement in F.S. 83.56.
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My landlord wants me to move, what should I do?

Welcome to St. Nicks
If you have lived in the apartment for more than 30 days, your landlord cannot legally evict you, without taking you to court. If you are in a rent regulated building or apartment, your landlord can only force you to move for specific reasons (which are generally limited to "personal use" and "nuisance", as defined by state law) and he must give you specific notice as to why he is failing to renew your lease.
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My lease is about to end and I don't have another place to live. Can the landlord evict me?

VDACS - Office of Consumer Affairs - Landlord-Tenant Frequen...
Yes. Your landlord is not required to extend the term of the lease. Although some leases provide for month-to-month rental agreements following the expiration of the original lease, landlords are not required by law to offer such provisions or to extend the term of the lease. The landlord may take legal action to evict the tenant. Section 55-248.20 of the VRLTA addresses this issue.
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If I file for bankruptcy, can my landlord still evict me from my apartment?

Frequently Asked Questions - www.bkhelper.org
People who file for bankruptcy are entitled to certain immediate protections from certain legal actions -- part of what is called the "automatic stay" effect of a bankruptcy filing, because many potential legal actions against the filer are stopped (known as "stayed" in legal terms). But as of October 17, 2005, when the new bankruptcy laws took effect, some of these protections have been eliminated. One key change is that filing for bankruptcy no longer delays or stops eviction actions.
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I entitled to notice if my landlord wants to increase my rent?

Frequently Asked Questions of the Housing Court Department
The tenancy between the parties is a legal contract. It cannot be changed by one side. The tenant can agree to a rent increase. But if the tenant does not agree to the rent increase, then the landlord must terminate the tenancy. In a tenancy at will, the landlord must then give a notice to quit but such written notice may include an offer to establish a new tenancy for the same premises at the higher rent.
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How much advance notice must my landlord give me if he wants me to move out of my rental unit?

FAQ'S
Effective, January 1, 2003, rental property owners will be required to provide a 60-day advance notice to a resident if the landlord elects to terminate a tenancy and the resident has lived in the unit for one year or longer. (Civil Code Section 1946.1) If the resident has lived in the unit for less than one year, the owner must provide at least 30-days advanced notice before terminating the tenancy.
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What if the landlord wants to terminate the lease?

Pittsburgh Housing eCounselor - Landlords and Tenants
The property owner may terminate the lease if the tenant violates the lease, or for other good cause. The owner and the renter can decide to mutually terminate the lease at any time. In addition, the landlord has the option to "not renew" the lease at the end of any term. All circumstances are specifically outlined in the lease and should be reviewed carefully prior to signing of the lease by the tenant.
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Can a landlord enter the house whenever he wants?

Bristol University - Frequently Asked Questions
Access may be needed for maintenance or routine inspections. However, you should be given 24 hours notice of this (unless it is an emergency) and if there are good reasons why this is not convenient you can ask for another time. Landlords should not let themselves into your property without your permission. You are bound by the contract to pay until the end of the fixed term unless your landlord agrees to release you from the contract.
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My landlord wants to raise my rent, can he do that?

Welcome to St. Nicks
If you are not in a rent-regulated building, and do not have a lease, you are probably a "month-to-month" tenant and your landlord can raise your rent at any time and by any amount. (Most apartments in privately owned buildings in Williamsburg/Greenpoint with less than 6 units are not rent regulated, unless the tenant moved in before July of 1971.
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Can a landlord raise the rent to whatever he wants?

FAQ
Yes. There are no specific rent controls in Florida. However, the landlord cannot raise the rent in the middle of a lease. The rent can only be increased at the beginning of a new lease.
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How can I evict a tenant?

San Diego Sheriff - Court Services Bureau - FAQ - Frequently...
Evictions can only occur after a landlord has received a judgment from the court and a writ of possession has been served or posted on the property. The purpose of a writ of possessions is to place with the rightful party possession of real property. Writs of possession usually arise as a result of a tenant's non-payment of rent or a breach of the rental or lease agreement.
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If I stand up for my rights or start a Tenants' Association, can my landlord evict me?

Frequently Asked Questions
The RTA says that a landlord cannot evict or otherwise interfere with a tenant for attempting to secure their legal rights or for trying to form a Tenants' Association. Remember that there is strength in numbers and your landlord is less likely to retaliate against a group. Click here to download a copy of our Organizing Manual or contact our Outreach & Organizing Team for further help.
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If my landlord sells the building I live in, can the new owner evict me?

Eviction Defense Network
When a building is sold, all the individual tenancies are sold with it. If your building is sold or for sale, it is essential to find out if you are protected by rent control. If your unit is rent-controlled, your new landlord still has to have a “just-cause” to evict you. If your unit is not rent-controlled, your landlord, new or old can give you a 30- or 60-day notice (if you have lived in the unit longer than one year) to move for no reason at all.
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Who do I deal with - the letting agent or landlord?

finalmenu.jpg
We will deal with the property viewings, references, agreements and getting you moved in. From that point on contact depends on whether the Landlord has instructed us to manage their property. If the property is managed by us you will normally report any repairs or queries to us, otherwise you will deal with the Landlord direct.
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If a tenant wants to move, how much notice must he/she give to the landlord?

FREQUENTLY ASKED QUESTIONS - HALSA
Unless the lease provides otherwise, a tenant must give a landlord 30 days advanced written notice before moving.
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What happens if the landlord wants to sell the house?

FAQs
Tenants have very few rights in Ireland; it is the same in the city as in the country. Once the lease is up the landlord can sell if he wants or increase the rent. Resettled families have no more rights than anybody else. However, if a problem arises RRI and its associates give priority to finding other houses. The main problem is locating houses in the same areas.
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Is my landlord allowed to access my apartment whenever he wants?

Your rights as a tenant (FAQs)
No, your landlord should give you a 24 hour notice verbally or in writing before visiting your apartment. If he is coming to show the apartment to a potential tenant, he can come between 9am to 9pm. If it is to make repairs, he can come between 7am and 7pm. And if it is an urgent repair, he may come with no notice at any time.
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How do I evict someone?

Justice Court Frequently Asked Questions
Follow the legal requirements set out in the Texas Property Code, Texas Rules of Court, Texas Civil Practices and Remedies Code, or other applicable laws. A suit for rent owed can be included in the eviction suit up to the $5000.00 jurisdictional limit of the Justice Court. Only past due rent amounts may be awarded, although attorney fees may be awarded if allowed by contract. Damages and late fees can not be awarded in an eviction suit.
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The Agent wants an exclusive. What should I do?

Judith Kelman's Writers' Room | - | FAQ |
Limit the time to a few weeks or a month. If an agent is interested, s/he should be able to give you a quick answer.
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