If you mean, "how far behind on the rent does the person have to be", you can give a notice to quit when the rent is a day late.
If you have been clean from eviction in those 6 years then you should be OK. If you went back and lived with parents or relatives then say so. Be honest and tell them you had difficulties at work and it was a bad time for you if that was the case. They may ask for the company name where you are working just to verify you have an income. There should be no problems. Marcy
you didn't say where you live but generally yes you can the ddeposit is just to cover damages that may have happened while you lived there it is not to be use for any unpaid rent they have to go to court for that and you still have to give 30 day notice on a month to month
No. You mother's illness is not your landlord's fault.
It has been my experience, that if you break your lease prior to expiration of the lease term, you are in breach of contract. In NYC, unless you obtain signed and written consent from the landlord granting you permission to end the lease prematurely, he can sue for lost rent. I had a verbal agreement to end the lease early with the landlord of my first apartment in the city. I was in the process of moving out and he padlocked the premises with some of my belongings inside, and then sued me for back rent 6 months later and won. (Although I never paid based on principle. He had given me his word and then renegged. I made a naive mistake and he took advantage of me.) Never do anything with out the other party signing an explicit agreement. Many landlords, if given a month or so notice, will waive the requirement, but it is at their convenience. If you are going into the military and you have the correct papers, the lease can be broken.
You can leave at anytime if you forgo your deposit, paycheck or any vacation or back pay. Rental agreements usually have 30/60/90 day notification agreements. If you leave before the end of your lease, even with notice most places will expect you to pay up for the remainder of the lease. If you are in the military, rules may be different, but there is still an expectation that you will pay for the month that you leave and give notice. For work, two weeks' notice was the old standard. However, in these times of layoffs, employees with companies at risk are cutting the notice if they have a job that will start before then.
A sale and lease back agreement is when one buys something from one party, and then turns around and leases it back to that person. A month to month lease is when one leases property on a monthly basis.
If you have a lease agreement with a fixed term (Example: a typical 12 month residential lease agreement) then you cannot get out unless you get the Landlord's permission.
If the eviction wasn't warranted (if the landlord had no legitimate reason to evict), then, yes, an attorney could be helpful. Go back and read your lease or rental agreement again, and look to see if the reason you were evicted is listed in any of the terms of conditons, or under the terms of agreement in the lease. That will help you determine whether or not you should contact an attorney, especially if you see nothing in the lease agreement pertaining to the reason you were evicted.
This would be an illegal eviction. The landlord is required to give you notice of lease termination (be it for breach for just they don't wish to renew). If you're renting month to month, they must give you a full months notice.You can try a bit of legal puffery with the landlord and inform him that his way of doing this is illegal and you will seek a claim for the full security deposit back and illegal eviction damages.If your rent and lease began on the 15th of the month, the landlord would need to give you notice by the 14th in order for the tenant to be expected to vacate by the 15th of the next month. Lets assume for example sake, that the month is March and it's the 14th. The landlord gave you notice to vacate on or before April 15th, 2015.You are still obligated to pay the rent for March & April (Feb 15th - March 15th, March 15th - April 15th). As long as you move out ON or BEFORE April 15th & return the keys to the landlord, you're no longer obligated to pay rent to the landlord.
It depends on whether it is set out in the lease agreement. If there is no provision for it then you should be able to get your deposit back. A month to month lease usually has a notice provision for both the leasee and leasor. Best way to handle it is ask the landlord.
That's his choice, but know that the eviction can still show in court records.
In Texas, you can only get your deposit back if your application is rejected and/or you have 3 days from the date of application to chane your mind. After that, you are not eligible to et your "application deposit" back.
No. Not technically. An unlawful detainer is the name of the pleading filed in order to eventually obtain an eviction, which is where the law comes and puts you out of your landlords property. In law words have very specific, individual meanings. Sometimes lay people use these legal words interchangeably, thereby unwittingly making "unlawful detainer" have the same general meaning as "eviction." In other words unlawful detainer is a piece of paper, and eviction is the physical act of the authorities putting you out and your landlord back in. Thanks.
If you have been clean from eviction in those 6 years then you should be OK. If you went back and lived with parents or relatives then say so. Be honest and tell them you had difficulties at work and it was a bad time for you if that was the case. They may ask for the company name where you are working just to verify you have an income. There should be no problems. Marcy
If you have not signed a lease then yes, you are not tied down. But you may lose your deposit and/or your hold. But you should be refunded your first month's rent. If you have signed the lease than its a diffrent story. You can not back out of a lease unless the appartment ownership lets you. It is noramally a large fee (around $3500 in some instances). Take care
If your landlord won't give you your deposit or last month's rent back you need to take him to small claims court. The judge will then decide who gets what. Your landlord has the right to keep your deposit if you violate the terms of your lease, including, but not limiting to terminating it early without good cause. He doesn't have the right, however, to keep your last month's rent as a security deposit.
You can be evicted for many reasons. You have to go to court to defend yourself. If you don't show up, the landlord wins by default. You don't need a lawyer to do this but you can get one from the free legal aid. You should have gotten a summons that says what part of the rental contract or lease you broke. The landlord will present his "reasons" in court. Read your lease / contract. He has to prove that you broke your contract or your lease by doing something that was not allowed to evict you and break your lease or rental contract. Usually, he has to give you notice of what you did wrong before he files eviction. Sometimes the contract says that by signing the contract, you have been notified of all the rules, and no further notice is necessary. Did you break a law? where you charged with anything? You can be evicted for unlawful conduct. You can also be evicted just because the landlord wants his apartment back and you won't leave. BUT he can't keep taking your rent. By taking your rent he agrees every month to allow you to stay. Even by taking a partial payment. Do you have a Lease or a rental contract? If not, there is a month to month or week to week agreement provided by the state tenant landlord laws. To get you to leave when you don't want to, he has to evict you. Its a legal way for the landlord to get you out of the apartment, and get the place back. But each state has a eviction process and you can appeal the finding at each stage of the process. So it takes longer in some states than others to evcit someone and get the apartment back.