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What else can I help you with?
If a landlord puts a clause in the lease that he can take possession after a month has past with rent owed . Can he or she take possession without going through landlord tenant court after the month .?
yes
Can a landlord claim trespass against a past tenant if other family members stilll live on property?
Generally, no, unless the landlord has some type of court order or written agreement that bars the former tenant from entering the property. The current tenant has the right to have visitors unless special conditions were mentioned in the written lease agreement.
What does the landlord require to do after a tenant dies from health issues in the home before renting it out again?
The landlord must prepare the unit for rent as he would if the tenant moved out. In some states, if a tenant dies in the unit of a homicide or suicide, or was found in advanced decomp, the Landlord must state this to the potential tenant if such death occurred within the past eighteen months before any tenants move in, or the tenant can break the lease and sue the landlord for omission of a material fact.
Do the landlord have responsibility for tenants' dog?
In the past, we would have said no. But, a recent Massachusetts case ruled that the landlord was liable for a vicious dog owned by the tenant who he knew was dangerous.
How the Eviction Process Works?
Eviction is an ugly and scary process. People who are facing eviction have rights that are often overlooked because fear has gripped them. Each state has different eviction laws and some towns/cities have local laws that can help a person in danger of eviction. Eviction is the act of a landlord forcing a person to leave a home or business for of lack of payment for past due rent. The process is a long and arduous one for people who are going through it. The first thing that has to occur in most states is the tenant's failure to pay rent. There are several other reasons that someone might be evicted from the home as well. Other than owing rent, the tenant must follow the lease to the letter to avoid eviction. If the lease allows only one person to live in the dwelling (home) and there is more than one person living there, the landlord can evict the tenant. If the lease says "no pets" and a pet is living in the home, the landlord can evict the tenant. The landlord has to take the case to court in order to obtain an eviction. The most common type of eviction is for non-payment of rent. The landlord cannot file for an eviction until the day after the rent is due. As soon as the rent is past due, even by one day, the landlord has the right to file in court. After the landlord files the paperwork, a court date will be assigned. The court date is generally about two weeks from the date the landlord filed. If the rent is paid prior to the court date, the tenant does not have to appear in court. If the tenant does not pay, he or she can show up in court to state why he or she did not pay rent. The eviction process will likely go in favor of the landlord. The tenant will be sent a notice, in most cases, after the police are contacted and an eviction day is set. The police will escort the landlord to the home and the eviction process will take place. The only way to stop eviction in this case is to pay the rent prior to the eviction date. In that case, the tenant will be able to remain in the dwelling. If the three orders of eviction are given by a judge in a one year period, it results in an automatic eviction in most states.
Commercial real estate landlord - tenant issues. Can a landlord auction off tenants assets for back rent?
Yes, only if you left your assets on the property past the date your lease term ended or were evicted
Can a landlord email your friends and family about your rent past due?
Most judges would call that a "Breach of Quiet Enjoyment." There is no law anywhere that prevents a landlord from telling anybody about their business and how a tenant has failed to pay. It has nothing to do with "quiet enjoyment", which is a property right not a contract right. Under the theory of "free speech", no court is going to prevent any landlord from telling the truth about a tenant's habits. On the other hand, there are state and federal laws restricting the type of information that can be disclosed to non-parties by COLLECTION agencies, including the Fair Debt Collection Practices Act. This doesn't apply to anyone trying to collect directly from their own debtors.
What information is typically included in a landlord credit report?
A landlord credit report typically includes information about a tenant's credit history, such as their credit score, payment history, outstanding debts, and any past evictions or bankruptcies.
What is the procedure to process a three day eviction notice to a tenant?
This would probably be a weekly tenancy due to the short notice. Most notices require 30 to 60 days notice to terminate a tenancy, depending on the jurisdiction. A legal eviction requires the landlord to document failure to pay rent, or an ongoing lateness in payment of rent by the tenant. He would then apply to the court for a motion to pay rent or quit. Once the documents are signed, they must be delivered to the tenant, or posted on the door of the tenant's domicile. If this provokes no response; the landlord may then file for a notice of eviction.
When can a landlord serve aThree-Day Notice to Perform Covenant or Quit?
A landlord can serve a Three-Day Notice to Perform Covenant or Quit when a tenant has violated a significant term of the lease agreement, such as not paying rent, causing property damage, or engaging in illegal activities on the premises. This notice gives the tenant three days to either correct the violation or vacate the property. After the three days, the landlord can proceed with legal eviction proceedings if the tenant has not complied.
Can a landlord give a termination notice to a tenant for late fees?
This is tricky as some jurisdictions prohibit charging late fees in general. Others do not consider them as "rent" but more of a penalty for being late. Assuming the landlord accepted the rent check, and cashed it, they have continued the tenancy.
Is self help eviction allowed in Oklahoma?
The statute is quoted below. It would appear from the wording that the landlord is REQUIRED to take any action through the court.Oklahoma Stat. Ann. tit. 41, §§ 1-136Oklahoma EvictionsIf rent is unpaid when due, the landlord may bring an action for recovery of the rent at any time thereafter or the landlord may wait until the expiration of the period allowed for curing a default by the tenant, as prescribed in subsection B of this section, before bringing such action.A landlord may terminate a rental agreement for failure to pay rent when due, if the tenant fails to pay the rent within five (5) days after written notice of landlord's demand for payment. The notice may be given before or after the landlord files any action authorized by subsection A of this section. Demand for past due rent is deemed a demand for possession of the premises and no further notice to quit possession need be given by the landlord to the tenant for any purpose.
