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Is it legal for a landlord to break his lease and evict his tenant?
Wiki User
∙ 9y ago
Will your lease be up then? As I understand the state laws, a landlord may terminate a month-to-month lease agreement for any reason if he/she gives you at least 30 days' notice. However, a landlord may not evict you or terminate a lease early unless you're not paying rent or have in some way violated your agreement. I'd talk to my attorney first, but I think I'd end up letting him try to evict me in court if this is going to be his approach to renting to people. If the landlord tells you 30 days before the lease ends that he's moving in at the end of the lease, then you'll want to move out. Again, this is my sense after reading our state landlord-tenant law, however I'm not an attorney and you may want to consult one before tackling this on your own.
Wiki User
∙ 15y ago
Wiki User
∙ 16y agoEvicting someone is the act of removing them from the apartment. You wouldn't need to evict someone who has already moved out. The landlord would have reason to demand unpaid rent for the balance of the lease period. Actually, "eviction" is the process of retaking possession, which is different from occupation. For example, I could rent a warehouse from a landlord and never put anything into it, thus not "occupying" the space. However, if I fail to fulfill my lease obligations, the landlord would have to "evict" me by obtaining a court order to terminate my lease, thus regaining the legal right to possess the warehouse space. To answer the question in this light, yes, a landlord could (in theory) evict a tenant who moves out early, if moving out violates the lease or there is some other basis for the eviction. If the tenant continues paying rent after moving out, many landlords would be happy to continue the deal. However, in some shopping mall leases the simple act of vacating the storefront could trigger eviction, even if the rent is paid on time..
Wiki User
∙ 14y agoWell, it depends on what you mean by EVICT. To evict somebody means to take him to court for repossession of the property. A landlord can choose not to renew a lease. If he elects that option then you must move before the end of the lease or face eviction. If you don't move you can be charged, in many states, double your rent as what is called a Holdover Tenant. You can then be evicted for non-payment of that amount. But a landlord cannot take you to court just because the lease has ended and it's time for you to go: all he has to do is give you at least 30 (perhaps longer) days to let you know he's not going to renew. If he doesn't give you that notice, and the lease is automatically renewed each term, then you more than likely can stay.
Wiki User
∙ 9y agoIt is only legal for a landlord to break his lease and evict his tenant under certain conditions. The landlord must file an eviction notice through the courts.
Wiki User
∙ 14y agoYes, most of the terms are explained in some of the paperwork.
Wiki User
∙ 14y agoyes, if he finds that you have been having homosexual relations within his property. are you a homo?
Wiki User
∙ 14y agoYou have to check with your state Landlord-Tenant laws. Here in NE, the Landlord can terminate a lease agreement but has to give 30 days notice.
Wiki User
∙ 14y agoNo. The landlord must go to court and have you evicted.
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Without a written lease is it a month to month lease?
No, without a written lease, the landlord can only evict the same as a month to month lease agreement (30 days) but the protections to the tenant and landlord are not stated.
If a co-tenant does not pay the rent on an apartment can the other tenant evict him?
When more than one person signed the lease each is responsible for the full amount of the rent if the other refuses to pay their share. The ability to evict the co-tenant who won't pay their share varies under different jurisdictions. In some cases only the landlord can evict a tenant. You should contact a landlord-tenant agency in your area or an attorney who specializes in tenant issues.
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.
Can a tenant sue a landlord who is in bankruptcy?
Normally the bankruptcy filing has nothing to do with whether or not the tenant has paid his rent. A landlord does not have the right to evict a tenant simply because the tenant filed chapter 7 unless that is part of the lease. The terms of the lease determine if the tenant will be evicted. If the tenant pays the rent, he should not be evicted.
When a tenant breaks a residential lease can the landlord charge rent until the lease expires or the landlord finds a new tenant?
Yes, unless the landlord breached the lease in some significant way.
Can a landlord evict someone living on their property when they haven't signed a lease?
I am presuming we have three components here: a landlord, a tenant, and a subtenant. The landlord in this case is presumably renting to a tenant, while the tenant is presumably renting to a subtenant. I presume that tenant has a lease while the subtenant doesn't. The tenant becomes the landlord for the subtenant. Since there is no lease (in most states subletting does not involve a lease) in this case, the tenant who is the subtenant landlord can evict the subtenant. While the main landlord can evict the tenant -which automatically evicts the subtenant -only the tenant can evict the subtenant. But the main landlord can evict all by evicting the tenant.
Can a landlord evict tenant for lying on lease?
Yes.
Lease says that landlord is responsible for lawn mowing. Landlord will not honor this. Can lease be broken by tenant?
Yes he can. A violation of the terms of a lease by a landlord is just as much grounds for termination by the tenant. The landlord can still evict you but less likely will win.
Can you evict if your tenant is a threat to you?
You can evict a tenant when the tenant breaks the lease or rental contract by not paying rent or lease payments. You can also evict a tenant who breaks a lease by breaking rules listed on the lease.
Can a landlord evict one tenant not the other?
He could, but it depends on the wording of the lease. Normally there is only one tenant on a lease: the rest of the legal occupants are considered part of the household. A landlord can kick out the one tenant and create a new lease for another occupant, making him the tenant.
Without a written lease is it a month to month lease?
No, without a written lease, the landlord can only evict the same as a month to month lease agreement (30 days) but the protections to the tenant and landlord are not stated.
Can someone with a Power of attorney for someone who inherited his mothers property evict without notice if he sells property in Ohio?
The person in the property (the tenant) will have a lease. This is a legal document which sets out how the tenant may be evicted (but can not ignore the federal or state laws that may also apply). This lease is between the tenant and the landlord (whoever the landlord may be) and it will normally specify a period of notice that the landlord MUST give the tenant if the landlord wishes to evict the tenant. So look at the lease and get an attorney if you are worried.
Can a landlord evict a non tenant from rental property after a year of living at the property?
Yes, the landlord can evict a non-tenant from the property just as they could the tenant. You must follow the same eviction procedures as you would with a tenant.On a side note, a court may agree that the non-tenant was in fact a tenant-after the fact because of the duration in which they lived on the property. Such situations are similar to families with children. You have the adults on the lease, but the children are residing there without being on the lease.
Can you evict the spouse of a tenant if the spouse's name is not on the lease only the tenant's?
Yes, you can evict the spouse of a tenant who is not on the lease. You can evict a spouse when they are on the lease if you follow the right protocol.
If a co-tenant does not pay the rent on an apartment can the other tenant evict him?
When more than one person signed the lease each is responsible for the full amount of the rent if the other refuses to pay their share. The ability to evict the co-tenant who won't pay their share varies under different jurisdictions. In some cases only the landlord can evict a tenant. You should contact a landlord-tenant agency in your area or an attorney who specializes in tenant issues.
Can you break your lease if you have been threatened?
A contract of lease cannot be broken if the tenant has been threatened by his neighbor unless the landlord permits. A tenant can talk the matter over with his landlord.
Can the landlord break a lease before the tenants move in if its 28 days prior to the lease starting?
a landlord may not EVER break/violate a lease. [unless the tenant wishes it so]
