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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.
What else can I help you with?
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.
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 cosigner on a lease evict a tenant?
no
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]
