money sectionmoney sectionWhen you work for an employer thatoffers employee housing, it can provide you with a way to save a substantial amount of money on living expenses. The problem with this arrangement is that if you lose your job, you also lose your place to live. In this situation, you still have some rights as a tenant.
The eviction process for a homeowner in Michigan can drag on for more than a year, during which time the mortgage owner, the mortgage holder, the servicing company and the court system engage in an elaborate dance of fees, paperwork and hearings before a homeowner's mortgage is foreclosed. Once foreclosure is final, however, the eviction process is swift.
The Illinois Landlord and Tenant Act requires landlords to follow the Illinois Code of Civil Procedure of Chapter 735 of the Illinois Compiled Statutes. Article 9 of Chapter 735 establishes the legal procedures that landlords must follow when forcibly evicting their tenants for failing to pay rent, breaching their lease or damaging their property. Landlords are required to provide their tenants with a five-day or seven-day notice before seeking a forceful eviction for unlawfully holding over their units.
A Chapter 7 bankruptcy is a strong statement by your landlord that he has no financial assets and can leave you in the lurch. You must take certain actions to protect your interests, while continuing to live up to your obligations under your lease. Though you aren't guaranteed to be able to salvage your security deposit or to continue living in your home, understanding your rights will enable you to weather the situation as smoothly as possible and avoid unhappy surprises.
An essential component of the general body of landlord-tenant law in New Jersey is the determination and definition of the "tenant of record." A tenant of record is essentially a person who has a legal right to possess a specific piece of property, such as an apartment, condominium or house. The determination of who may be considered a tenant of record in New Jersey has been disputed in the state court system for decades; therefore, it is essential to look to relevant case law to compile a complete and accurate definition of "tenant of record" under New Jersey law.
It's tough enough trying to bundle up and keep warm outdoors in the New York winter, but tenants don't need to worry about staying warm in their apartments. City and state laws require that landlords provide their tenants with the natural gas -- or electricity if the unit has electric heat -- necessary to maintain a comfortable temperature. In addition, tenants must receive advance notice from a utility company before it shuts off service when a landlord fails to pay his bills.
A tenant must decide what to do if her landlord files Chapter 7 bankruptcy, or debt elimination. The landlord has the ability to continue the tenant's lease or breach the agreement, and the tenant does have some rights if the landlord decides to reject the lease rather than continuing the tenancy.
Some landlords attempt to squeeze every dollar they can out of their tenants by fair means or foul. In New Hampshire, clauses in a lease that say the landlord doesn't have to make repairs, or that include guarantees the landlord didn't keep aren't legally binding. Even if the contract states that you give up your legal rights, you can still take action if the landlord tries to defraud you.
New York affords certain rights to tenants. In addition to preserving civil and personal protections to ensure renters are not subjected to discrimination or harassment, the law entitles tenants to the right of privacy. Whether you live in a rent-controlled apartment building in New York City or a single-family residence in the country, the state attorney general governs privacy expectations in the same way. Your landlord may legally enter your dwelling without your permission but only under very limited circumstances.
Because renting has many benefits, many New Jersey residents choose to rent their homes. Renters do not have to worry about property maintenance or repairs or purchasing homeowners insurance. Renters do, however, have to follow certain laws. The laws, laid out by the Landlord and Tenant Act, protect both the renter and his landlord.
Any tenant or prospective tenant in New Jersey has specific rights guaranteed under New Jersey law. The state's landlord-tenant laws set out what all tenant's rights and responsibilities are in any rental situation. You should always talk to a New Jersey lawyer if you need help or legal advice about New Jersey's landlord-tenant laws.
Landlords and their tenants in New Jersey can execute written lease agreements but may also enter into oral agreements. When using written documents, landlords must comply with the state's contract laws requiring fair bargaining and arms-length negotiating. Landlords must use plain language in their lease agreements, and they may not require their tenants to waive their rights to receive anti-discriminatory treatment and clean housing.
Landlords in New York must comply with the state's real property statutes. New York's rent-control and rent-stabilization laws require landlords to comply with the state and local government's rent-control and rent-stabilization ordinances. New York landlords that rent homes built before 1947 must comply with the state's rent-control regulations. Landlords that rent buildings built between 1947 and 1974 must comply with the state's rent-stabilization laws.
A landlord in New York can use eviction as a legal recourse in a dispute where the tenant is not paying rent, not following his lease clauses or causing harm or danger to the landlord's property. No matter the reason for the eviction, the landlord has to follow a precise process to legally remove the tenant from his rental property.
New Jersey's tenancy laws are much more favorable to tenants that in many states. The state's system specifically allows tenants the opportunity to go to court to request that eviction proceedings are frozen in particular circumstances, even when the landlord has already won the case. Although this can be frustrating, landlords must respect and comply with the process or risk committing a criminal offense.
In most parts of the country, a landlord does not need a reason to evict a tenant. He only has to issue the proper notice within the proper time line according to state law. In just a number of rent controlled cities in California, Maryland, New York and the District of Columbia and in two states -- New Jersey and New Hampshire -- are tenants protected by laws prohibiting evictions unless they are for "just cause."
Oregon's eviction law follows the landlord notice/filing/hearing/eviction process used in most states, but with some notable differences. It has a range of notice periods for different circumstances, requires longer periods during which the landlord mails a notice and has a two-stage hearing process once the landlord files the case in court.
The state of Illinois requires landlords to follow the law when removing tenants from a residential property. Self-help methods such as changing the locks or stopping services such as electricity and water are not allowed in Illinois. Tenants may sue landlords who use these measures to force tenants from a residential property.
Landlords in the state of Hawaii must follow specific procedures if they wish to evict tenants. Most commonly, landlords want to evict due to nonpayment of rent; however, some tenants may find themselves facing eviction if they misuse the premises. Whatever the case, landlords must comply with laws governing written notices prior to evicting tenants.
In Ontario, the Landlord and Tenant Board makes the rules surrounding leases, rental units, grounds for eviction, rent increases and other matters regarding landlord/tenant relationships and agreements. Whether you're a landlord with an uncooperative tenant or a renter worrying about eviction, you should make yourself familiar with acceptable reasons for eviction and proper eviction procedures.
If a tenant fails to pay her rent, or damages the property in any way, you have the right to evict her. You can also evict tenants who violate the terms of your lease, get convicted of a drug charge or pay rent late on a regular basis. When you begin the eviction process, you must do it the correct way. If you don't, the tenant could win in court, which means that you will be stuck with bad tenants.
While landlord and tenant issues are normally a matter for state and local law, federal law does provide tenants with some defenses against eviction. These include military service, fair housing laws and the fact that one's landlord lost the property to foreclosure.
Eviction procedures exist to remove a tenant who violates terms of his lease or ownership. A majority of evictions are undertaken when a tenant fails to pay rent. However, eviction actions also are initiated when a tenant has violated other lease terms, including damages to the premises beyond normal wear and tear.
A landlord must follow state and local eviction procedures when evicting a tenant. If the landlord does not follow the procedures correctly, the eviction will be unlawful and invalid. Written notice of an eviction is mandatory when a landlord is evicting a tenant, because the tenant has the right to dispute the eviction. During the eviction process, a tenant may not be removed from the property unless a judge so orders.
