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A landlord cannot make you leave your dwelling or threaten to have you arrested if you don't, without proper due process (court proceedings). A state of emergency does not give the landlord - in most states - any special privileges or rights.

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13y ago

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Related Questions

Is it illegal for landlord to enter apartment without tenants permission?

No, not always. In cases of emergency (fire, major water leak), they may enter without delay. More generally, however, the landlord is required to give notice, e.g. 24 hours, and to enter during "normal business hours", e.g. 8AM-5PM. They would need permission otherwise but a tenant can't refuse a justifiable entry such as coming in for scheduled maintenance or showing the apartment when the tenant is leaving or being evicted.


Can a landlord keep you from having a temperature above 72 in your apartment in cold weather?

In most states, a landlord must provide a means to heat your home during extreme weather or climatology.


Is it legal for landlord to show apartment during a eviction before it goes before the judge?

It's not illegal. It might be a bad idea, though.


Is it illegal to change the locks of a rental property without notifying the tenant?

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.


Can your landlord enter your apartment without notice for cleanliness ie checking for rodent activity?

In California (and probably many other jurisdictions), the landlord has a right to enter without notice for emergency issues such as a burst pipe. Checking for rodent activity does not sound like it rises to the level of an emergency. So under normal circumstances, they must give 24 hours' written notice and only enter during "normal business hours" which is usually interpreted as Monday-Friday, 8AM-5PM.


Who is responsibility for paying the moving cost after my ceiling collapsed during the rain in my apartment what do I do?

Hence the reason one should buy renter's insurance, the landlord is generally not responsible for the personal belongings of a tenant. You may want to move out then sue the landlord for negligence.


Do you retain your auto insurance if you drive during a declared state of emergency prohibiting travel on roads?

Yes, but if caught on the road you will be arrested and jailed.


What is the maximum amount of month a landlord can charge if you break your rental lease in California?

If you break the lease, your landlord can charge you the amount of rent for the apartment or unit during the time it is left unoccupied up until the dwelling has been rented out or until your lease expires, whichever comes first.


Will an eviction be voided after the landlord accepts money once the eviction is finalized?

Not necessarily: this depends on how much money you have paid the landlord. If you paid all of the money you owed the landlord before hand and then your current rent, then the eviction is canceled. Please note that an eviction is complete when you are forced to move out of the apartment, not when the judge issues a writ of ejectment. This is because the landlord must take every step during the eviction process in order to proceed with it.


Yes, the landlord ca?

Yes, the landlord can in most cases show your apartment to prospective tenants towards the end of a lease so as to find new tenants for the next term. In some cases, where the lease expressly stipulates this, the landlord is limited in this respect and may only be allowed to show the apartment during the last 30 days, or only during certain hours that are convenient for the current tenant, and only upon coordination with the current tenant. It all depends on the language of the lease. But if the lease is silent on the matter, it would be typical - and reasonable - for the landlord to have the ability to start showing the apt. to others towards the end of the lease (say, last 60 days). Obviously, if you sign the extension for a second year, the point becomes moot and landlord will no longer need to show the apartment. You can not simply go to a month-to-month arrangement unless the landlord agrees in writing (or via his/her behavior, i.e., simply not objecting to your staying on and collecting your rent on a month-to-month basis).


How long before you get your security deposit?

The security deposit is returned: after the lease ends; the tenant moves out; and the landlord inspects the apartment. The landlord has the right to deduct any necessary cleaning and/or repairs to the apartment in order to ready it for a new tenant, but nothing to improve the apartment (for example, adding an air conditioner or dishwasher where none existed; replacing carpeting with hardwood flooring) beyond the condition in which it was leased. Depending on the condition of he apartment, the landlord may not refund any of the security deposit. Your best bet is to thoroughly clean the apartment and patch any holes/damage created during the lease. Optimally, you would have taken photos the day you moved in to prove the condition of the apartment as received.


Your superintendent can not be bonded should you allow access to your apartment?

Check the wording of your lease. If the superintendent is an employee of the property owner or management company then they have delegated their resposibility to him. As an "agent" of the landlord you may not be able to deny him access to your apartment to perform NECESSARY ore EMERGENCY functions associated with the maintenance and upkeep of the property..