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Two tenants fight. tenant 1 starts the fight and has been a trouble-maker from day one. tenant 2 gets a 30 day eviction notice because tenant 1 is buddy-buddy with the landlord. what now?
Wiki User
∙ 15y ago
Tenant 1 started it, and Tenant 2 finished it. Both are At Fault for the incident. So, whatever the manager decides is the way it goes. Tenant 2 sucks it up to experience, and finds another place to live and moves there within 30 days. Despite the circumstances, leaving with as much grace as Tenant 2 can muster--leave the place absolutely clean, do not trash anything, take pictures and get a friend to sign an affidavit as to the condition of the apartment when you leave--and you can move on. Despite the apparent injustice, it is a good thing to move away from a bad neighbor. As a real estate law student, I am quite familiar with real estate and landlord-tenant law. Since both tenants fought, and only tenant 2 was evicted, there would need to be more reasons to evict tenant 2 than just the fight. For example, if tenant 2 had been constantly not paying rent on time, the landlord would be justified in evicting him. However, if tenant 2 had no other problems, and was evicted only for the fight, tenant 2 would have a prima facie claim of discrimination against the landlord, which could be used to answer a complaint for eviction. If I was tenant 2, I would retain a landlord-tenant attorney (supposing that I was not already one) or have the full support of a tenant's rights group experienced in litigation to help me through the process. I would write the landlord, telling him of the situation, and advise him that I would not vacate. Then, the landlord would likely institute an unlawful detainter (eviction) lawsuit, and I would answer it with an affirmative defense of discriminatory eviction (which is a legal defense). The case would likely proceed to trial, and I would likely win, and receive court costs and attorney fees with the case. If you want to simply move on with your life, and not get the justice you deserve, then it is a good idea to simply move out. Note that while photos and video are helpful, affidavits from friends or relatives are not admissible in court (your friends and relatives must be present in court as witnesses to avoid hearsay.) If you are in this situation, please see a tenant's rights group ASAP, and, if faced with an eviction summons, use the link to the answer form below. Feel free to ask me any questions about the process on my messageboard and post them on WikiAnswers website as well.
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∙ 15y ago
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Is the renter responsible for court costs due to landlord eviction?
If the eviction was based on some breach by the tenant, then yes. If it was brought by the landlord simply because he wants the apartment back, or if the landlord lost the case, then no.
Will an eviction be voided after the landlord accepts money once the eviction is finalized?
Not necessarily: this depends on how much money you have paid the landlord. If you paid all of the money you owed the landlord before hand and then your current rent, then the eviction is canceled. Please note that an eviction is complete when you are forced to move out of the apartment, not when the judge issues a writ of ejectment. This is because the landlord must take every step during the eviction process in order to proceed with it.
The tenant is making himself unavailable and not opening the door to be served his eviction notice. Will the hearing be postponed because the tenant wasn't able to be served?
Normally, if a recalcitrant tenant is not handed an eviction notice, the landlord can post it on the door. Be aware that in most states the landlord has to complete the steps for eviction.
Can landlord evict tenant after eviction notice served but payment made in full?
Maybe. He should at least save it somewhere, maybe in a separate account at a bank. He might want to at least offer it, because, if the landlord takes it, that might (might) erase the landlord's right to procede with an eviction.
Do you have to tell that you have a eviction?
Yes, and be ready to explain it. Because if you don't and the landlord picks it up you'll probably be denied.
Eviction because tenant filed housing complaint?
A landlord can evict you for ANY reason. But will he win? That's the real question!! Well it works like this: if you file a housing complaint and your landlord evicts you, and you can prove it's because of the complaint, then this is called retaliatory behavior on the part of the landlord, and you can fight the eviction, and most likely win. In many states you can then sue your landlord for damages of up to three months rent abatement, court costs and any attorney fees.
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.
How does a landlord sue a tenant for unpaid rent in Ohio?
If you are the landlord and you are at the point of wanting to sue, you need to either speak to an eviction service or a lawyer. You do not want to get this wrong because US courts are very protective of tenants in these circumstances.
What rights do you have when your landlord is trying to kick you out because the house needs major repairs?
If the landlord is trying to evict you because the house needs major repair, he has the right to do so. Like any other reason for eviction, he has to give the proper notice. If the eviction is not for anything of your fault, the landlord must wait until the end of the term of the lease before he can evict you, unless the house repairs are dire, and it is unsafe for you to remain there. In that case he must give you the proper notice according to the emergency of the repair.
How does a landlord evict a tenant in virginia?
You need to either speak to an eviction service or a lawyer. You do not want to get this wrong because US courts are very protective of tenants in these circumstances.
What can you do if your landlord turns off your water?
A landlord turning off your water for any reason other than pre-scheduled maintenance is a textbook example of constructive eviction. So what can you do? Move out! But before moving out, you must give your landlord notice that you are leaving because of the lack of water. Carefully read the Related Question What is constructive eviction? below, and talk with a landlord-tenant law attorney or tenants' rights group immediately!Generally, water is part of your essential utility. If your rent includes water, inter alia, then your landlord may not turn it off for any reason other than repairs. It is illegal for landlords to turn off the utilities of a tenant for non-payment of rent or for any other retaliatory reasons. This is known as illegal eviction, also a form of constructive eviction.
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