get a restraining order against him..
An eviction definitely! With a broken lease, you are still paying your landlord the rent that you own him and will probably be paying a fee to break the lease. With an evicition, the renter probably has stopped paying the rent or has damaged the property or has been doing something illegal like growing marijuana on the property.
Yes, according to the law the tenant can stay in the apartment until the end of the legal process that precedes the eviction. However, your record would look better if you would appear to be a co-operative tenant. When you have been though an eviction, it is harder to find another rental.
That is entirely at the landlords discretion, as long as no discrimination is involved in the decision. (Race, sex etc.)
Absolutely! Most of the time when you evict a tenant you want to supplement the eviction by a judgment for damages to include, but not limited to, past due rent. A judgment for both eviction and the damages will then be posted on the official records of the clerk's office.
If the landlord or representative of the landlord, such as an on-site manager acting on their behalf accepts any portion of the rent and they have already begun eviction proceedings, they will have to start over with the legal process if you are being evicted for not paying your rent.
My step-daughter had this problem, and due to the boyfriend having horrible credit, she had to break the lease but thankfully did not have to pay a fee. So as long as the management agrees, and the boyfriend has decent credit and the income to support it, not very hard. My experience with apartment managers has not been good though, they are like a wart on the face of humanity, taking whatever opportunity to gouge you that they can. Good luck.
In most states you would still have to go thru eviction proceedures if the tenent has a lease.
A tenant has until: 1. The time frame listed on the eviction notice that one must move or face eviction proceedings; or 2. at the eviction hearing, the time the judge will order the defendant to move out by or face removal by the sheriff's department or constable. Remember: an eviction is not the process of being kicked out of your home (this is actually called a termination of tenancy/lease), but rather, a court hearing the landlord initiates to get you forced to move out.
Once an eviction proceeding has been initiated (the case has been filed by the clerk), it becomes a matter of public record. So even if you leave the premises before the eviction concludes or the writ is served, it can still be found.
If you have been clean from eviction in those 6 years then you should be OK. If you went back and lived with parents or relatives then say so. Be honest and tell them you had difficulties at work and it was a bad time for you if that was the case. They may ask for the company name where you are working just to verify you have an income. There should be no problems. Marcy
Yes, this is considered an illegal eviction and you could be arrested for it. You could also be arrested for malicious damage of property for throwing the items onto the street. In many states if a person has been living in the house/unit, but not on the official lease for the Landlord, then in essence YOU are the landlord and the individual is your "tenant," even if there's no money exchange for his living there. This is why your landlord probably has a clause in the lease which forbids letting anyone stay with you for an extended period of time (this is called subletting or subleasing). To remove the person, therefore, you, the sub-landlord, will need to file eviction proceedings just like your landlord would do to you. In any case you cannot kick a person out without going through the same eviction proceedings your landlord would initiate against you for whatever reason.
There is no reason for it to expire. If you've been served an eviction notice, then you are to leave the property. They may come and remove your property and change the locks if you leave the place unattended. Answer: An eviction notice need to be served within 30 days and it will only be expired on the date that you already move out from the place.