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Can landlord terminate the tenancy if he doesn't get rent on time?
Wiki User
∙ 14y ago
It all depends on the land regulation Act under whose jurisdiction the property falls.
Wiki User
∙ 14y ago
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Can a landlord remove somebody without a tenancy agreement?
I am assuming you mean that there is a cause for eviction (non-payment of rent, unruly behaviour, etc.) If so, then you will need to (retain an attorney to) file an unlawful detainer action against the tenant. Note that a 3 day notice is required before filing such a lawsuit--talk to your attorney for more info.
How many days of notification does a landlord have to give before raising the rent?
Yes. If the rent is on a written lease then the lease must expire, and the landlord must give at least 30-days notice before the lease expires. If the rent is on a month-to-month basis, then the landlord must give a 30-day notice before the next rent is due. If the rent is on a weekly basis then the notice must be given at least one week before the rent is due.
What is the difference between tenancy at will and tenancy for a fixed period?
A tenancy for a fixed period means that the lease has been executed between the landlord and tenant, and the lease will expire after the term ends. If there is no lease, or the lease has expired and the tenant is still allowed to pay rent and remain on the property, then this becomes a tenancy at will. This means that the terms of the original lease is no longer effective or binding, and that the tenancy is now subject to landlord and tenant laws which govern tenancy. A tenancy at will may terminate at any time as long as proper notice is given according to the laws. For example, a month-to-month tenancy may end after 30 days of notice is given to either side, and such 30 days notice must be given before the next rent is due. A week to week tenancy may terminate after one week of notice: one week before the next rent is due. This is also true with regard to rent increases. Furthermore, landlord and tenancy laws regulate other aspects of tenancy, including obligations of the landlord and the tenant. For example, a landlord may not enter a tenant property without proper notice; and the tenant has five days to pay his rent before it becomes past-due.
What if the landlord raises the rent after you apply for tenancy?
Your rent cannot be raised during the term of your lease. If you're applying for tenancy and the rent is raised, then the unit is being offered at that rate. You can accept it as such, perhaps negotiate with the landlord to lower the rent to which you will sign the lease, or refuse to sign and cancel your tenancy offer.
Can a landlord ask for first and last month rent plus security in North Carolina?
Under the Tenant Security Deposit Act, a landlord of a residential rental property can collect a security deposit of 2 weeks' rent if the tenancy is week to week, 1 1/2 months' rent if the tenancy is month to month, or 2 months' rent if the tenancy period is greater than month to month (such as a yearly tenancy). The Act also allows the landlord to ask for a "reasonable" non-refundable pet deposit.
Can a landlord cancel a lease after receiving a clear police check receiving first month rent then finding the renter had done prison time?
Yes, the landlord can. A landlord has the right to terminate the lease if the tenant made a false statement on his application for tenancy, including omission of material facts, such as being convicted of a felony.
Can you evict a renter for not paying rent for one month?
Yes, but you have to give them a 30 day notice to terminate tenancy.
If you have lived in a apt for 5 months can a landlord demand a lease?
If you have a month-to-month tenancy, either party can terminate the contract with at least a full month's notice. So, in January, the landlord can tell the tenant that if they want to be there March 1, they'll have to sign a lease (this assumes the rent is due on the first).
Can a landlord give you an eviction notice just because he sold the home without your knowledge. Never been behind in rent and have lived there for many yrs?
Yes, he can. I don't know of any state that requires a landlord to inform a tenant of a sale. And, in many states, a sale terminates a lease or tenancy at will. Also, in any state except New Jersey, a landlord can terminate the tenancy for no reason at all. Many states have laws that allow a tenant to remain (paying rent), for six months, twelve if elderly or handicapped.
What benefit is it to land lord not to sign a lease with tenant but allow tenant to live there as long as they pay rent?
A lease includes a period of time over which it lasts. During that time, the landlord cannot freely end the tenancy (can't boot them out). They need a reason. With a month-to-month agreement (living there as long as they pay rent), the landlord has a freer hand in when to terminate the tenancy. They can give 30 days' notice, 60 or 90 (etc.) depending on local laws.
What is the right of a tenants when the landlord increases rental payment?
In a month-to-month tenancy at will, the landlord can raise the rent by giving notice that the current tenancy will be terminated at the end of the next month, and that, if the tenants want to stay after that, the rent will be more. Today is May 11. If the rent is due on the first of each month, and if landlord gives notice on or before May 31, then the tenants are obligated to leave at the end of June, or pay the new rent on July 1.
Does a landlord have a right to hold back a security deposit if the tenant dies?
Death of the tenant terminates the tenancy. The landlord should handle the security deposit according to the law, which likely means forwarding it to the estate. If rent is owed, the landlord could apply the deposit to the arrearage, and so notify the executor. There is an argument that the decedent owes rent for the next month (in a month-to-month tenancy) or the remainder of the lease (if there is a lease). However, the landlord has an obligation to try to rent the unit.
