You can try suing the former tenant for back rent due in a civil suit. If you are successful you can obtain a judgment lien that can be used to seize any property they own to satisfy the judgment. You should visit your local small claims court to see if your claim falls within its jurisdiction. It is the least expensive way to go.
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.
Not unless the landlord has followed your state's laws regarding disconnection of utilities for nonpayment. Any landlord who disconnects the tenant's utilities (except temporarily for maintenance purposes) without following these laws will be guilty of constructive eviction. A constructively evicted tenant can sue the landlord for moving expenses and damages.
When a tenant doesn't pay his rent the landlord may begin eviction proceedings in court, which forces the tenant to move.
Landlord, but probably only once a year. The landlord should have a tech check the filters.
Yes. This can be considered a violation of the terms of your lease.
No. Before any tenant is evicted from a property, the landlord must follow judicial proceedings.
This should have been disclosed when the landlord performed the background check, before the lease was signed. Well, if the landlord had an application for an apartment to which the tenant denied having been evicted if there were questions that asked such, then the landlord can terminate the lease for the tenant having falsified the information given.
Yes.
Tenant rights if my lease has expired and I am giving the landlord a 30 notice to vacate,can I be evicted?
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.
Yes. This practice is called subleasing. If the landlord doesn't allow for subleasing then the tenant can be evicted.
If a landlord has an objection to a tenant and wishes to evict that tenant then yes, he does have to inform the tenant in question about the objection. Tenants must be given an opportunity to remedy the problem rather than being evicted.
Generally there is no point in suing a property manager for not collecting rent. It should be noted that the tenant is responsible for paying his rent on time. It is not the responsibility for the landlord to collect the rent. If the landlord does not collect rent and the tenant should send it to the landlord by mail or in person.
Not unless the landlord has followed your state's laws regarding disconnection of utilities for nonpayment. Any landlord who disconnects the tenant's utilities (except temporarily for maintenance purposes) without following these laws will be guilty of constructive eviction. A constructively evicted tenant can sue the landlord for moving expenses and damages.
I can only answer for Massachusetts, but I think you can. The landlord has a right of entry, but he should get the permission of tenant, and the tenant has a right to be there at the time. If the landlord needs to get in during an emergency, perhaps he should be calling the police.
In most states, when a tenant has been lawfully evicted, the landlord has the right to remove the personal belongings of the former tenant from the rental property. Each state, however, has laws regarding what the landlord must do with that property after removing it. Some states require the landlord to keep belongings in storage for 30 days prior to disposing it - in this case the landlord has the right to collect the storage fees from the tenant before releasing the belongings - while other states, such as Florida, permit the landlord to dispose of the belongings as the landlord sees fit. In South Carolina, the landlord has to remove all property and place it on the curbside, where the tenant has 48 hours to retrieve them or they will be disposed of.
Absolutely. I know of no state that limits whether a tenant can be evicted in cold weather, or at any particular time of year.