What would you like to do?
Can your landlord garnish your salary after they evict you if you owe them money?
a land lord can serve you at any time with an eviction notice fornon-payment of rent, vandalism, criminal acts and too many peopleand animals on his/her property. Normally the…y will give you 14 to30 days to vacate, be prepared for a judgement against you, thiswill arrive with a bailiff and or a member of the police.
Yes if you filed a join tax return Or you have a join bank account. IRS will garnish 401k because they see it as a income.
Yes, indeed. The landlord is responsible for the other tenants "quiet enjoyment" (legal term) of their apartments. Also, most leases contain clauses that require you obey …the laws of the town where you are located. Most towns have noise ordinances, so an eviction is probably taking it easy on you. They (the other tenants who are disturbed) can just as easily call the police and have you fined. This of course depends on various state or local laws in the US and different laws may apply in other countries.
If the landlord and tenant have a binding lease together then the landlord cannot evict the tenant without a valid reason, that being the violation of the terms of the lease, …which may include, but not limited to, nonpayment of rent. If the landlord no longer wants the tenant living in this property, he can simply decide not to renew the lease and give the tenant the proper notice of such refusal, so that the tenant can find a new place. This law applies in just about every state.
If you mean can the landlord remove an eviction notice he put up, it depends on the circumstances. If there is a legal requirement to post it and leave it, he won't be taking …it down because he would ruin his case by doing so. If the required period of action (let's say 3 days) has passed and the tenant has not acted according to the demands of the notice, I expect the landlord can then remove it. I'm no lawyer so if you want to be sure, you should ask one.
Landlords can evict for a number of reasons, some commmon ones are: If the tennant fails to pay rent If the tennant damages the property If the tennant commits any… criminal activity on site If the tennant creates a nuisance for other tennants (noise, smell, etc) If the tennat breaks any of the rules specified in the lease ageement (this applies equally to any guests or people who live with the tennant)
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.
Yes--unless you and the landlord made an agreement not to evict in writing, the landlord waives no right to evict you simply by accepting a partial rent payment. However, maki…ng even a partial payment shows good faith on your part. I suggest you work with the landlord prior to eviction--evictions are costly and complicated.
Yes--after he has obtained a civil court judgment against you.
A landlord can evict a tenant for any reason he wants, except reasons that are retaliatory or discriminatory. The reasons can include, but not limit to: Non-payment… of rent Property conversion or transfer of ownership Violation of the terms of the lease, serious or repititious (two within the year) Arrest Nuisance to neighbors
Answer It has been my experience that judgments from an eviction lawsuit automatically go on a person's credit rating. If you get a money judgment, you should be… able to get a judgment lien form from the court clerk and record it at the county recorder's office. Sometimes this is called an abstract of judgment. This should be picked up by the credit bureau's and go on the credit rating.
You can try suing the former tenant for back rent due in a civil suit. If you are successful you can obtain a judgment lien that can be used to seize any property they own… to satisfy the judgment. You should visit your local small claims court to see if your claim falls within its jurisdiction. It is the least expensive way to go.
Yes , if having a roommate is in violation of your lease agreement stating that the lease is for a single occupant . You should be able to renegotiate the contract if yo…u are in compliance with all the requirements of the leasing contract .
Yes, the IRS can, and will, garnish an income tax refund if money is owed from an audit.
In Property Law
Yes they can. But it cannot be enforced in that manner. To evict you, the landlord must follow proper written procedures. Sure, a landlord can call you by telephone and ask yo…u to leave. But it's up to the tenant to decide whether to move out or to stay and let the landlord force you to move out. But the telephone notice is not official and cannot be enforced. I.e., your landlord cannot state in a court argument that he called you by telephone and asked you to leave.