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Can a landlord break lease if tenant guest went to jail for gun on them on the property?
Wiki User
∙ 11y ago
This depends on the laws of the state where the property is located. In Massachusetts, for instance, the tenant could be evicted with a 48-hour notice, if the landlord has a police report stating that the police found an illegal firearm in the unit.
Wiki User
∙ 11y ago
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Is an eviction process required to evict a non - tenant of a tenant when neither party has a rental agreement in California Both have been in the property for about 1 month?
I'm no lawyer but... A non-tenant is likely considered a guest of the tenant. If they are not welcome, they are a trespasser. The landlord should let the tenant have peaceful enjoyment of the premises. The tenant should be able to call the police and have the non-tenant removed.
Can a landlord be sued for locking out a tenant that is not on a lease?
Yes. But, you used the word 'tenant'. If some kind of tenancy has been established, then the landlord cannot lock the tenant out. Signing a lease is not the only way to establish a tenancy. Simply accepting rent money makes the payer a tenant, if it is clearly in exchange for use of the premises. So, if he is a tenant, no. If he is merely an 'occupant', or guest of the tenant, probably.
Can a landlord evict a guest for a noise complaint if the tenant was causing the noise?
Yes. If a tenant is not in the habit of making a lot of noise then the landlord would not have much grounds to evict them. However, if a tenant is a problem for other renters, how a landlord evicts someone depends on the state in which he lives. Usually, a landlord could evict a person even if they have a lease for violating city codes for noise. A landlord would be wise to put such stipulations in their leases. This is based on the number of complaints the police receive concerning the noise or the number of complaints a landlord receives. In some states, all a landlord has to do is send a registered letter to the tenant notifying them of the complaint and that they are on notice to cease and desist or face eviction. If the tenant continues to bother others with their noise, then the landlord can notify the Sheriff's Department to evict the tenant. Of course this will not prevent the tenant from taking the landlord to court. This is why the landlord needs to keep good records and copies of police reports concerning the tenant to use in court.
How does a landlord evict a tenant in California?
In order for a Landlord to begin the eviction process, California law requires all persons residing in the property be served with a notice. If the tenant doesn't voluntarily move out after the landlord has properly given the required notice to the tenant, the landlord can evict the tenant. In order to evict the tenant, the landlord must file an unlawful detainer lawsuit in superior court.Do not every use unlawful methods to vacate the rental premises. If the landlord uses unlawful methods to evict a tenant, the landlord may be subject to liability for the tenant's damages, as well as penalties of up to $100 per day for the time that the landlord used the unlawful methods.If the court decides in favor of the landlord, the court will issue a writ of possession. The writ of possession orders the sheriff to remove the tenant from the rental unit, but gives the tenant five days from the date that the writ is served to leave voluntarily. If the tenant does not leave by the end of the fifth day, the writ of possession authorizes the sheriff to physically remove and lock the tenant out, and seize (take) the tenant's belongings that have been left in the rental unit. The landlord is not entitled to possession of the rental unit until after the sheriff has removed the tenant.
Can a landlord charge you for rent money if you did not sign the lease in IL?
I'm no lawyer so I can't give you a definitive answer, but ... The answer may depend on whether the landlord has accepted rent form you before. If you are living on the landlord's property and you have paid him rent and he as accepted it, that may be enough for you to claim the rights of a tenant and to take on the responsibility (to pay). Also, it would matter if you signed some kind of sub-lease with the tenant whose name is on the lease. If you don't live there and are just a guest, you don't pay rent.
Can a person not on the lease state Texas not pay first month rent and moved in be asked to leave?
I'm no lawyer but... The landlord has a right to know and list all residents on the lease. If the tenant said they would live there alone, they cannot then bring another (non-tenant) to live there without the landlord's agreement. Having people over as a guest is fine and that is "peaceful enjoyment" of your home. Having them spend considerable time there, including overnight, is different. The landlord may claim a violation of the lease and ask the TENANT to leave unless they eject the non-tenant. The landlord can't really go up to the non-tenant and say this because their relationship is with the tenant.
Can your landlord raise your rent for two months 300.00 for a guest charge?
This depends upon what you mean by a guest. In legal terms, a guest is someone who is staying at the apartment or dwelling for a brief amount of time, usually less than two weeks. Normally a landlord does not have the right to charge you if you have such guests. If you have guest for a longer period of time, then this guest could be considered a subtenant and you could be doing what is called subletting: renting out part of your dwelling and charging that person rent for it. Most landlords do not allow subletting dwellings: they have the right to control who lives in their property. Some landlords may allow this and charge extra to the tenant for it. In that case, it cannot be considered a "guest charge."
If I own a house and a non paying tenant living there who has applied for disability because of a knee injury do I have to call the health dept for advice that residence has to be handicap accessible?
See related link for specific assistance with your question. Additionally - a different question is contained within your original question - if the tenant is "'non-paying" (i.e.- you gain no financial benefit from his occupancy) is he a "tenant" at all, or is he a "guest?" If the law considers him to be a "guest" you may be under no obligation to comply with ADA regulations which apply to "income producing rental property." Check your local laws or landlord & tenant court to determine his status.
What if California motel landlord refuses to sign a W-9 for a rental assistance program for a tenant?
Please be aware that a motel situation is not a landlord/tenant situation. Those who stay in motels and hotels are under a different law in California and basically all 50 states which cover innkeeper rules as opposed to landlord rules. One hallmark rule for innkeepers is that they have the right to instantly evict a tenant: no judicial action is necessary. The landlord for a motel is considered an innkeeper, and the tenant is called a guest. That being said, here is the answer to your question: innkeepers are not required to sign any type of rental assistance agreements. This is because once again, innkeepers are not landlords, and do not have the same requirements that landlords have, such as in most states landlords are required to comply with a tenant's request for him to fill out paperwork for public assistance, and may not discriminate the tenant accordingly.
Can you legally kick a house guest out on the spot?
It depends on your role in the house: are you the landlord or are you the host? A landlord may not be allowed to kick anyone out if he is a guest of the tenant, unless the landlord had previously issued a trespass warning against that guest. The host is definitely allowed to ask a guest to leave. But one of the biggest issues is when does the guest become a resident, which then leads to a different process by which that person is removed from the house. In some states a person can spend three nights in a home and claim residency, while in other states it's more complex. Once a house guest can establish or claim residency, that person may not be removed from the house that easily.
Is it illegal as a homeowner to move a guests stuff out of your house?
As long as it is truly a guest, it is fine. However, if the person is a long term 'guest' to the point that he/she has established an abode (i.e.: place of residence), you will have to formally evict them first. Check your state's landlord/tenant laws to find out.
What does it mean to evict a tenant?
To kick your guest out
