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Frequently Asked Questions

Can I pay rent into the Court Registry if the Landlord has not filed an eviction yet?

County Civil FAQ
To protect yourself from any further legal action, the landlord should file a formal eviction. When the sheriff serves the final paperwork (Writ of Possession) on the tenant, the landlord is then authorized to remove anything left in the apartment.

May I pay my rent into the court registry until the repairs are made?

Superior Court of D.C. - Civil Division - Landlord and Tenan...
If your landlord has sued you in Landlord and Tenant Court, you can ask the court to allow you to pay your rent into the registry of the court until the case is over or as part of an agreement settling the case. The Court's Registry is a court-monitored bank account set aside for tenants to make rental payments (called protective order payments). If you do not have a case in Landlord and Tenant Court, you cannot pay your rent into the court registry.

What happens if an eviction is filed against me and I do not appear in court?

Greg Hartmann - Clerk of Courts
If the plaintiff appears and obtains a writ of restitution, most of the time you will be given 7 days to vacate the premises.

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.

My tenant has not paid the rent. Do I have to file an eviction with the Court?

FAQs' about Housing Court
Yes. In Ohio, a landlord of residential premises cannot physically remove the tenant from the premises, terminate utilities, or change the locks to encourage a tenant to move from the premises. This is called “self-help,” and is illegal in Ohio. A landlord must file a complaint against the tenant, go to court, be granted a judgment, and follow the court-instituted eviction procedure to remove the tenant from the premises.

We each pay our own rent directly to the landlord, should this go on flatAccount.com?

flatAccount.com - your online flat account
No. If a flatmate pays for an expense which covers only themselves, or only their portion of the expense, it does not need to go on flatAccount.com. Unless a payment covers flatmates other than the one paying, it does not need to be entered on flatAccount.com.

We each pay our own rent directly to the landlord, should this go on FlatManager.com?

FlatManager.com | Shared Flat Account Online | Flat Manager
No. If a flatmate pays for an expense which covers only themselves, or only their portion of the expense, it does not need to go on FlatManager.com. However, if a payment covers flatmates other than just the one paying then it should be entered on FlatManager.com.

What steps must be taken before an eviction can be filed?

Leon County Clerk of Courts
Before the plaintiff can file a residential landlord/tenant action, proper written notice must first be given to the landlord or the tenant. The form of the notice will depend on the landlord or tenant's reason for terminating the lease.

I owe my Landlord rent and the landlord has demanded that I pay the rent. What should I do?

HPD - Residential Tenants - Frequently Asked Questions - For...
This depends on whether or not you have a lease and upon your reasons for not paying. Remember that the landlord must go to court and get permission to evict you. You cannot be evicted without the court's permission. The demand for rent is not a court paper and is not an eviction case. Generally, the landlord must make a demand for rent before going to court.

The court has made an order for possession / eviction. Is there anything I can do?

Repossession Information, Questions & Answers | Repossessed ...
Yes. You can sell your home quickly before repossession, or find a flexible solution which pays your arrears, prevents repossession and allows you to stay in your home. A Quick Sale can help you find a solution which meets these aims.

Can I refuse to pay rent if the landlord fails to repair something in my apartment?

Off Campus Housing
No, the tenant must continue to pay rent until the end of the tenancy. If something needs repair in your apartment, you should request the repair in writing and, if not satisfied, file an Application to the Director requesting settlement. Note: If a tenant in a yearly or monthly tenancy is 30 days in arrears of any part of the rent, the landlord may give a 15-day notice to quit. If a weekly tenant is seven days in arrears, the landlord may give a seven-day notice to quit.

What action can a landlord take if the tenant doesn't pay the rent?

faq
A landlord may issue a notice of termination if the tenant fails to pay rent lawfully owing under a tenancy agreement. The notice may not be effective earlier than the 7th day for a daily or weekly tenancy or the 14th day for all other types of tenancy agreements. The notice must specify the amount of rent overdue and that the tenant may avoid termination by paying the rent before the notice becomes effective.

How much can my landlord legally raise my rent?

FAQ'S
Under California Law there is currently no maximum limit a landlord can raise the rent. As of January 1, 2001, your landlord must give you at least 30 days' advance notice if the rent increase is 10 percent (or less) of the rent charged at any time during the 12 months before the rent increase takes effect. Your landlord must give you 60 days' advance notice if the rent increase is greater than 10 percent. (Civil Code Section 827b.) Buildings under rent control fall under different rules.

How do I file a Rent Escrow (pay my rent into court)?

Greg Hartmann - Clerk of Courts
Bring a copy of the letter you gave to the landlord telling him of the problems. The letter should be given at least 30 days prior to the filing of the rent escrow. You fill out the application, and pay your rent to the court, CASH ONLY. Private Complaint Mediation Services will schedule a hearing between you and the landlord. Private Complaint Mediation Services will notify you of the day, date, and time for the hearing. THERE IS NO COST FOR FILING A RENT ESCROW APPLICATION.

What is eviction?

VDACS - Office of Consumer Affairs - Landlord-Tenant Frequen...
Eviction is the process by which a landlord obtains possession of the rental property by entering a law suit against the tenant and receiving judgment from the court directing the tenant to leave the property and pay back any rent, damage claims, and the costs of the court process. If your landlord is trying to evict you, you will be notified of this action and summoned to appear in court to address the charges. You should be prepared to offer a defense. Section 55-248.

Who can sue in Landlord and Tenant Court?

Superior Court of D.C. - Civil Division - Landlord and Tenan...
Only landlords or others who want to evict a tenant or another occupant from their property can sue in Landlord and Tenant Court. A person or company seeking to evict a tenant or other occupant can file a Complaint for Possession in the Landlord and Tenant Clerk's Office. If a landlord only wants to sue for rent or other damages (but not possession of the property), the landlord must bring suit in Small Claims or the Civil Actions Branch.

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.

Can my landlord increase my rent more than two times a year?

FAQ'S
If you have a lease for more than 30 days (e.g. 1-year lease), your rent cannot be increased during the term of the lease, unless the lease allows rent increases. If you have a periodic rental agreement (month-to-month), your landlord can increase your rent, but must give you proper advance notice in writing. (Civil Code Section 8.27) If you live in a building that is under rent control, your landlord can only raise your rent a set percentage once every twelve months.

My lease is about to end. Can the landlord increase my rent?

VDACS - Office of Consumer Affairs - Landlord-Tenant Frequen...
Landlords can increase rental fees at the end of the lease period by any amount they choose. There is no cap on the amount of increase. You should contact your landlord prior to the end of the lease to determine if there will be an increase and, if so, how much. Landlords should give proper notice prior to the end of the lease if the rent will increase.
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