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What happens if a landlord takes a tenant to court and the landlord does not show up?
Wiki User
∙ 12y ago
The landlord will win by a default judgment. In some states, such as California, you must still present your case to the judge even though the tenant did not show up. In other states, such as Nevada, if the tenant does not show up you are awarded a default judgment and do not speak with the judge at all.
Wiki User
∙ 15y ago
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Is it against the law not to give you tenant a copy of her lease?
In many states, yes; in many, no. But if a landlord doesn't give a tenant a copy of his lease then he cannot expect the tenant to follow all the terms of it. If the tenant does fail to follow the terms and the landlord takes him to court, the tenant can argue that he wasn't provided a copy of the lease.
What are tenants options when landlord foreclose?
For the purposes of answering this question, I presume that the tenant is a rental tenant and that the Landlord is under foreclosure. Tenant must continue to pay the rent to the landlord as long as they have control over the property. The Foreclosing company, once it takes over, must give the tenant specific instructions on to whom and where to pay their rent.
Can a landlord put a tenant out for a drug bust or do we have to evict them?
No landlord should ever be kicking a tenant out himself. Go to court and get an order. Most states have a very accelerated process for evicting based on drugs and other crimes. In Massachusetts, where it normally takes at least seven weeks to have a tenant out, a landlord can evict based on drugs in four days. State and local laws should be checked out. And, different laws may apply in other countries.
What happens during eviction court?
An eviction proceeding is one in which a landlord is petitioning the court to force a tenant out of his home, either for violating the terms of the lease or non-lease agreement, or, most commonly, for non-payment of rent. After proper notice is given to the Tenant by the landlord, called a Statuatory Notice (of about 3 to 5 days depending on your State), the landlord may file eviction proceedings. In Florida the tenant has then five days, excluding holidays and weekends, to answer the Summons for Eviction. This answer must be accompanied by cash or money order for the rent involved, and given to the Clerk's Office of the court. The money is placed into the Registry and a hearing date is set. If the hearing date is set at a time after the next rent is due then the judge will order the Tenant to pay that additional rent to the Clerk's Registry in order to continue the process. If the Tenant does not appear in court, does not pay the rent into the Clerk's Registry, or otherwise loses the case, a judgment will be entered in favor of the Landlord, and the Tenant will be given 24 hours to vacate the premises. If the premises are not vacated after the 24 hours is up, the Landlord hires the Sheriff's Department to force the Tenant out of the home. An eviction process takes about 3 weeks to one month in Florida or South Carolina. In other states it could take longer.
Can a landlord offer a valid lease to a tenant after a fore closer has been filed against the landloard?
When a rental property is under foreclosure, the landlord still has the right to collect rent, including the right to file evictions, until the mortgage lender takes possession of the property. When this happens the tenant will be given notice of proper instructions on how and where to pay rent, or to vacate the premises if applicable.
Tenant/Landlord Rights on the Lease Agreement?
A lease agreement is an agreement between a landlord (property owner) and the tenant (resident). It is a legally binding agreement that allows either party to sue in court if the lease agreement is broken. A lease agreement is signed prior to a tenant taking residency in the dwelling (building).Tenants RightsTenants have rights under the lease agreement and can expect certain things from the landlord. The first thing tenants should expect from the landlord is a safe place to live. The landlord must keep the home in good repair. If there are issues in the residence that pose a health risk to the tenants, the landlord must repair it..The landlord cannot enter the home unless he or she has been given express permission to do so by you. If the landlord takes such action, he or she opens him or herself up to a lawsuit. The tenant has a right to privacy.The tenant can expect the landlord to return the security deposit placed when the lease was signed. The landlord can keep a portion of the security deposit if repairs are necessary due to damage done by the tenant. The landlord may be able to keep the full security deposit if the tenant owes rent. The security deposit must be returned to the tenant within a certain amount of time, generally 60 to 90 days.Landlord's RightsThe landlord has the right to expect rent on time each month. They have the right to expect the correct amount of rent due, not just a portion. If the landlord does not receive rent on time, he or she can sue the tenant in court for payment as well as eviction.The landlord has the right to expect tenants to take care of the property. The tenant is allowed a certain amount of room with normal wear and tear, but huge holes in the walls or stains on the carpet are looked on as a problem. The landlord can use the security deposit to make these types of repairs after the tenant moves out.The tenant/landlord relationship can be a good one as long as both parties adhere to the laws and the lease agreement. Both sides have options if the other side does not adhere to the lease or laws. Not all landlords wish to have a lease agreement in writing. It is important to have the agreement for the protection of everyone involved.
If you pay rent and landlord takes it does that make you a tenant?
Generally yes. That would generally create a tenant-landlord relationship. There may be no cut and dried answer to this question. Apparently there are other issues in the relationship, such as a lease/ rental agreement, or possibly some kind of co-habitation arrangement or you may be renting a room in a larger apartment or home. Classically, what you describe does make the payer a tenant and the payee the landlord, especially if the landlord owns the property. Otherwise, the relationship could be a sub-lease arrangement.
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.
What rights does renter have against noisy neighbor?
A landlord has some obligation to quiet the neighbor, ultimately evicting if necessary. But, that takes some time. The offended tenant has the right to move.
If a landlord takes you to court and the judge lowers the amount you have to pay is that reported on your credit as a judgment?
It will more than likely appear as a "settlement."
Can a landlord keep your possessions after an eviction?
How a landlord deals with your possessions vary from state to state in terms of law. In Florida, for example, your landlord can keep your possessions, while in South Carolina, your possessions must be moved to a curbside where you would have access to them to remove them. If the property remains there after three days then the landlord can arrange for them to be disposed of. And in some states the landlord has to place the items in storage, of which the tenant will be responsible for its fees.
When serving a writ of possession can they come in my house when I'm not at home?
To cut to the chase, yes. When a writ of possession is being served, the Law Enforcement Agency will first post a notice to vacate, which will identify when they will take possession of the property (about a week after the notice.). When they take possession, the landlord or their agent will accompany or meet the Law Enforcement Officer (LEO). The LEO will ensure the peace, while the Landlord takes possession, if necessary the LEO will remove the tenant, then usually the landlord changes the locks. If the tenant is home, they will be ordered off the property, and removed if necessary. If they resist they may be jailed. If they return it is trespassing. If the tenant is not home, the landlord usually has a locksmith open the property and change the locks. If the tenant still has stuff on the premises which has not, and cannot immediately be removed, each state has procedures for storing left behind property, giving notice, time limits, and selling, or disposing of abandoned property.
