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The jurisdiction for a lawsuit regarding unpaid rent would be the city/town where the apartment is located. So, if the tenants who are owing of this money moved to another state, yes, they can still be sued for collection of these monies. They would then have to travel to the location of the hearing or not show up and loose by default.

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15y ago

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If a tenant refuses to pay their last months rent and it is the end of the lease with no renewal can I evict?

Any time rent is unpaid, a notice to quit should be served. The duration depends on state law.


Can a tenant in common rent out their share of the property?

Yes, a tenant in common can rent out their share of the property to another party.


Can landlord use security deposit for last month of unpaid rent. then bill tenant for repair and cleaning?

It depends upon state law and what the agreement says (provided it does not actually contradict state law). For example, many states have a separate law for "security deposit" related to rent and "damage deposit" related to the costs of repairs or cleaning. In such a state it may be illegal for a landlord to seize a damage deposit to "cover the rent" if there was no invoice for "repairs" for damage.


Can a public housing authority evict a tenant who has filed for bankruptcy?

Probably not because of the Bk, but because of unpaid rent, yes.


Can a landlord post a rent increase to a tenant who is in legal for eviction?

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.


When a tenant skips town leaving belongings and unpaid rent?

In most states if there is evidence of abandonment of the property by the tenant, the landlord can reclaim the property without going to court. If the tenant owes money the landlord can sue in absentia (must use tenant's last known address) for unpaid money and damages if applicable. If he leaves personal belongings you can dispose of them as you see fit.


When tenant does not pay rent how soon can you file a small claims court suit?

The timing for filing a small claims court suit for unpaid rent varies by state but is typically around 30-60 days after the rent is due and unpaid. It's important to check with your local small claims court for specific timelines and procedures. Consider sending a formal demand letter before initiating legal action.


How long does a landlordhave to sue for unpaid rent in the state of Michigan after place has been vacated?

In Michigan, a landlord typically has six years to sue for unpaid rent after a tenant has vacated the property. This period is based on the statute of limitations for breach of contract claims. It’s important for landlords to act within this timeframe to ensure they can legally pursue the owed rent. Always consider seeking legal advice for specific situations.


Can you lock a tenant out by changing the door locks if they have not paid their rent?

In the US, a landlord or co-tenant is not permitted to change the locks because of unpaid rent. Instead, you must file eviction papers with the local court. It can take time, but if you don't follow the law you can be fined. You can sue in small claim's court for back rent.


When a landlord files a claim against a tenant for unpaid rent and is awarded damages - does the judgment stay on the tenant's record?

Yes, the judgment typically stays on the tenant's record and can negatively impact their credit score and rental history. This can make it difficult for the tenant to rent a new property in the future and may also affect their ability to secure loans or credit in other areas of their life.


Will the other tenants on the lease necessarily have to attend court if a single party is entirely responsible for the portion of unpaid rent?

Most states employ the doctrine of 'joint and several liability', which means that each tenant is responsible for all of the rent. If any portion is unpaid, everybody gets evicted.


Can a landlord charge you rent at the same time he charges another tenant for the same dwelling?

Yes: as long a you are a tenant in a dwelling at the hands of a landlord, you are renting from him and must pay rent.