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What are your chances of winning if your landlord wants to evict you for non payment of rent and you have proof that the rent was paid?
Wiki User
∙ 17y ago
Any tenant, who lives anywhere in the United States, who has paid his rent and has proof that the rent has been paid, has no fear that a mindful landlord will evict him. The civil judicial system in each and every state, has specialized procedures for fairly and properly processing tenant evictions for nonpayment of rent. The problem with the question you pose, is that there are a number of tenants who lose their proof of rent payment, i.e. a rent receipt, canceled check, etc., and try to convince the court or tribunal that they have in fact paid the rent. Without proof the tenant will probably lose his case in court, this is the exception not the rule. I believe the above is true and good advise. I would add pragmatically, once the landlord wants you gone, your just going to end up with headaches staying, so finding another place - I agree an unfair pain - should be a real consideration. If he really wants you gone, you may be best off to just make a deal (that you hold to), of him giving you some benefit..like a months rent or whatever, for you moving out by X date. But, I see the Q you asked was changed or morphed/linked to this one, and your original one said you actually didn't pay rent because you felt the landlord didn't maintain the place well. That will be looked at entirely differently by the housing court. You probably didn't have a right to withhold payment, certainly not all of it (proven by the fact you continued to live there and received the benefit of housing), and whatever amount if any may have been reasonable to hold back, needed to be placed with a 3rd party - attorney, housing sthority, that type of thing. More than that, you still owe it.
Wiki User
∙ 17y ago
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Why landlord cannot evict you?
a landlord can evict you for non-payment of rent or being consistantly late paying,,, disruptive behaviour, drug abuse, loud noise after 11pm, filthy premises, and too many people living there, these are the main reasons for an eviction. Another reason although not a common one is when the landlord wants the unit for his own use or for a person in his family.
Can you get approved to rent an apartment while collecting unemployment?
It would depend on the requirements of your new landlord. Since rents are ussually paid in advance it is not like the landlord is issuing credit. The landlord may want to validate the renter ablility to pay and payment history to insure the landlord is renting to someone he will not have to evict in 30 days. Contact the landlord and let hime/her understand your situation.
What are your rights if the building where you are renting the apartment is foreclosed?
If your property is foreclosed, either you have the same landlord until the property actually changes hands, or you have a new landlord who can exercise his own rules, including evictions. If your landlord still has control over the property he can still collect rent, and he can still evict you if you don't pay it. When the new landlord takes over you must follow that landlord's instructions for rent payment or vacating the premises.
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.
If you respond to an eviction notice and pay the rent owed to the court is it possible to have the eviction stopped?
Answeryes it is possible to have the eviction stopped all you have to do is talk to your landlord and tell them that you will pay the money and if you pay it before or on your court date most likely they will let you finish out your leaseAnswerProvided that you were given the proper pre-eviction notices (as required by your state's laws), the landlord is not required to dismiss the eviction lawsuit after it has been filed. Even with full payment, the landlord can demand that you vacate and surrender the property.If after a eviction notice is filed and landlord accepts payment (in full) from you the eviction becomes null and void. They can only evict you for non payment and you have to be in non payment status at the time you go to court. However, if you have the money to pay your rent in full prior to the court date, the landlord has the right to refuse the payment.
If the landlords accepted half the rent owed can they then proceed to evict me?
Yes--unless you and the landlord made an agreement not to evict in writing, the landlord waives no right to evict you simply by accepting a partial rent payment. However, making even a partial payment shows good faith on your part. I suggest you work with the landlord prior to eviction--evictions are costly and complicated.
If you are a month behind on rent have been in contact with the landlord Can he still evict me if I make the rent payments current?
If he accepts the rent he cannot evict you for non payment, but could ask you to leave based on constant tardiness of payment. If he doesn't accept the payments this means he is evicting you.
Can a landlord evict before the lease is up and not give you a reason?
To evict, he needs a reason.
Why landlord cannot evict you?
a landlord can evict you for non-payment of rent or being consistantly late paying,,, disruptive behaviour, drug abuse, loud noise after 11pm, filthy premises, and too many people living there, these are the main reasons for an eviction. Another reason although not a common one is when the landlord wants the unit for his own use or for a person in his family.
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.
What kind of judement do you get from a landlord for back rent?
Your landlord can evict you and sue for back rent.
Can a landlord evict tenant for lying on lease?
Yes.
Can your landlord evict you for carrying a firearm in AZ?
no they can't
Can only a landlord evict somebody?
Either he or his lawyer.
Can your landlord evict you for engaging in unlawful activit with no proof?
no
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.
Can landlord evict for confronting about forecloser?
No. You have the right to ask questions about this matter as every tenant who faces the uncertainty of his landlord being under foreclosure. But remember: as long as the landlord has control of the property he can still collect rent from you and evict you if you don't pay it.
