Landlord and tenant laws vary from state to state. Generally, if the lease has expired or one does not exist, a landlord may raise rent. If they are evicting the tenant for lack of rent payment or another violation of the lease, raising the rent at that time more than likely can be fought. A judge would consider that retaliation and would not award a landlord the excess to support a rate increase.
Potential consequences of a landlord resorting to a merciless eviction on a tenant may include financial hardship for the tenant, homelessness, damage to the landlord's reputation, legal repercussions, and negative impacts on the community.
Some common legal issues in landlord-tenant disputes include eviction, security deposits, lease violations, property maintenance, and discrimination.
In Illinois, a commercial landlord cannot legally lock out a tenant without following proper legal procedures. Lockouts are generally considered illegal self-help eviction and can lead to legal consequences for the landlord. If a tenant fails to pay rent or violates lease terms, the landlord must initiate formal eviction proceedings in court rather than resorting to lockout. Always consult an attorney for specific legal advice related to individual situations.
"Rent and possession" refers to the legal relationship between a landlord and tenant regarding the rental of a property. Rent is the payment made by the tenant to the landlord for the right to occupy and use the property, while possession signifies the tenant's legal right to occupy and control the premises. If a tenant fails to pay rent, the landlord may seek to regain possession through legal eviction proceedings. This concept is fundamental in landlord-tenant law, outlining the rights and responsibilities of both parties.
No, a landlord cannot change the locks for abandonment if the tenant has not moved out of the rental property. Changing locks without proper legal process could be considered an illegal eviction and may expose the landlord to legal consequences.
In Florida, a self-help eviction is illegal and can result in legal consequences for the landlord. This includes potential fines, damages, and even being sued by the tenant for wrongful eviction. It is important for landlords to follow the proper legal procedures for eviction to avoid these consequences.
In most places, landlords are not allowed to turn off a tenant's electricity as a form of eviction or punishment. This would be considered an illegal eviction tactic, and tenants have rights to access essential utilities. Landlords should follow legal eviction procedures if there are issues with a tenant.
During an eviction trial, common questions asked may include: Did the tenant violate the terms of the lease agreement? Was proper notice given to the tenant before the eviction? Did the landlord follow all legal procedures for the eviction? Are there any defenses or mitigating circumstances that could affect the eviction decision?
In South Carolina, a landlord can eject a commercial tenant by following specific legal procedures. If the tenant is in default of the lease terms, the landlord must provide written notice of the default and give the tenant a chance to remedy the situation, typically within a specified time frame. If the tenant fails to comply, the landlord can file an eviction action in the appropriate court. It's essential for landlords to adhere to state laws regarding notice and court procedures to ensure a lawful eviction.
We have three different issues here: an illegal eviction, which appears to have been resolved; an allegation that the illegal eviction has resulted in great bodily harm and disability by the landlord; and that now the tenant needs more time (for what? I presume to find another dwelling). It appears that the illegal eviction has been resolved, or the tenant would not be living on the property now and need more time. So this issue is cleared. Next, the tenant claims that during the illegal eviction the landlord has caused great bodily harm and disability to the tenant. This is an issue that needs to go to civil court for remedy. Now, the tenant states he needs more time - I presume time to find another place, now that a legal eviction process has begun. If the eviction process has begun due to lack of payment, there is no time that the court will give you to remedy this situation: you must follow the court's procedures in answering this eviction. In Florida, this means that the tenant will have to pay to the clerk of your court the amount of money the landlord claims the tenant owes them, in order to secure a court date. If the pending process result in a new month, the tenant will have to continue to pay the clerk's office the money that the tenant would've had to pay the landlord. If landlord wins the eviction, they will receive that money minus 14%.
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.
Any tenant can be served an eviction notice. An eviction notice starts the court process to remove an occupant from the premises. In addition to the court process, a landlord may report the tenant to NoPayTenants.com.