get a restraining order against him..
An eviction definitely! With a broken lease, you are still paying your landlord the rent that you own him and will probably be paying a fee to break the lease. With an evicition, the renter probably has stopped paying the rent or has damaged the property or has been doing something illegal like growing marijuana on the property.
Yes, according to the law the tenant can stay in the apartment until the end of the legal process that precedes the eviction. However, your record would look better if you would appear to be a co-operative tenant. When you have been though an eviction, it is harder to find another rental.
That is entirely at the landlords discretion, as long as no discrimination is involved in the decision. (Race, sex etc.)
Absolutely! Most of the time when you evict a tenant you want to supplement the eviction by a judgment for damages to include, but not limited to, past due rent. A judgment for both eviction and the damages will then be posted on the official records of the clerk's office.
If the landlord or representative of the landlord, such as an on-site manager acting on their behalf accepts any portion of the rent and they have already begun eviction proceedings, they will have to start over with the legal process if you are being evicted for not paying your rent.
After a bankruptcy discharge, a landlord may still pursue eviction if the tenant owes rent for periods not covered by the bankruptcy or if the lease was terminated before the bankruptcy filing. The landlord can file for eviction in court, citing reasons such as lease violations or non-payment of rent. Additionally, if the tenant did not include the lease obligation in the bankruptcy filing, the landlord may argue that the debt is still enforceable. It’s important for tenants to understand their rights and seek legal advice in such situations.
My step-daughter had this problem, and due to the boyfriend having horrible credit, she had to break the lease but thankfully did not have to pay a fee. So as long as the management agrees, and the boyfriend has decent credit and the income to support it, not very hard. My experience with apartment managers has not been good though, they are like a wart on the face of humanity, taking whatever opportunity to gouge you that they can. Good luck.
Walter and Anna were evicted from their home due to nonpayment of rent or violation of their lease agreement. This could have been a result of financial difficulties, failure to adhere to the terms of their lease, or other factors leading to their inability to maintain their tenancy. Eviction is a legal process initiated by the landlord to regain possession of the property when the tenant breaches the terms of the lease.
In most states you would still have to go thru eviction proceedures if the tenent has a lease.
A tenant has until: 1. The time frame listed on the eviction notice that one must move or face eviction proceedings; or 2. at the eviction hearing, the time the judge will order the defendant to move out by or face removal by the sheriff's department or constable. Remember: an eviction is not the process of being kicked out of your home (this is actually called a termination of tenancy/lease), but rather, a court hearing the landlord initiates to get you forced to move out.
Once an eviction proceeding has been initiated (the case has been filed by the clerk), it becomes a matter of public record. So even if you leave the premises before the eviction concludes or the writ is served, it can still be found.
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