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Evicting a tenant who is also your roommate can make for a dicey situation. In addition to navigating your way through various legal considerations, personal feelings can be at stake. Regardless of the awkward situation that might occur, it is possible to evict a tenant in Washington who shares your living space if you follow the proper procedures, no matter if your tenant has broken the lease, or if you simply want to take over the entire living space for yourself.
A sub-lease and an assignment of lease have some pretty important differences that you should be aware of. Learn about the difference between a sub-lease and the assignment of lease with help from a practiced attorney in this free video clip.
Landlords and tenants each have legal rights that help determine apartment rent limitations, extra charges and late procedures. Sometimes tenants fall on bad times and do not pay a landlord rent. Although the laws and regulations change depending on where the apartment or home is located, there are a few rights landlords have if a tenant does not pay rent.
As a landlord, if your tenant sublets the premises against the terms of the lease, your legal rights involve only the tenant since you do not have an agreement with the subletter. To evict the subletter you would have to evict both the tenant and the subletter. Stipulating in your lease your requirement for authorization before the tenant can sublet the premises makes it easier to settle in case of a dispute. If necessary, you need to follow a legal process in order to evict.
In Georgia, a tenant can be evicted from a property for nonpayment of rent, refusal to vacate a property after the end of the lease period or for breaching the lease agreement between him and the landlord. Before a consent judgment for eviction is given by a Georgia court, the landlord must have made a demand to the tenant to vacate the premises. If the tenant fails to vacate the property he is summoned to court to face dispossession proceedings. If found to be in breach of the landlord tenant laws of Georgia, a consent of eviction is issued against…
In the U.S., property and contract law covers the legal relationship between landlords and tenants. By law, both landlord and tenant have duties that the lease agreement, statutory law or common law include. The prescribed elements of the lease agreement will apply for eviction of unauthorized tenants or non-tenants. Since Landlord Tenant Law covers both statutory and common law, U.S. states base the renting of residential and commercial properties on either the Residential Landlord-Tenant Code or Uniform Residential Landlord and Tenant Act.
A landlord and a tenant enter into a leasehold, which is an estate in property. The tenant holds the present possessory interest in the property, while the landlord holds a future interest in the property. After the tenant leaves the property, the landlord takes possession of the property. A lease may survive the death of a landlord, depending on the type of leasehold to which the landlord was a party. A tenancy for years, a periodic tenancy and a tenancy at will represent the three major types of leasehold estates.
You should always deal with a landlord, especially one who won't enforce a lease, with caution. Deal with a landlord who won't enforce a lease with help from a licensed attorney and licensed California real estate broker in this free video clip.
Many states, including North Carolina, passed legislation giving tenants foreclosure protections and rights. Pursuant to Chapter 42 of the North Carolina General Statutes, tenants in North Carolina may be able to terminate their leases during foreclosure proceedings. The federal Protecting Tenants at Foreclosure Act may also protect tenants by allowing them to remain in their property for at least 90 days during and after foreclosure.
Being at the mercy of an unfair landlord can be frustrating, especially if you find yourself evicted without reasonable cause. Depending on the circumstance, being evicted can keep you from getting your deposit back and be expensive if you don't have the leisure to shop around for a new living situation. Both landlords and tenants must follow certain rules when it comes to rental agreements, and being familiar with them may save you time, energy and money. Although each state has its own nuances regarding laws for tenants, much of the basic process remains the same.
Breaking a rent-controlled lease is sometimes easy. A landlord with a waiting list for your apartment may actually be eager to see you leave, according to the New York City Rent Guidelines Board. Many apartments in New York City are governed by rent control, with rent increases closely regulated. However, if you break the lease, the landlord has more leeway in increasing the rent for the next tenant. That means your decision to move out early could be profitable for the landlord.
A living situation with roommates may become stressful if a roommate falls behind on rent or causes other problems in the home. The legal options for eviction of a roommate depend on whether the roommate is a legal occupant of the rental property, an unauthorized occupant, or a subletting party. The landlord, original tenant or either party might be able to pursue eviction by following the real-estate laws of North Carolina.
When a tenant rents a home, a landlord often requires the negotiation and signature of a lease agreement. To protect himself in the event of a future dispute, a tenant should request a signed lease from the landlord before moving in. If the tenant signs a lease but the landlord does not, the lack of signature might result in legal consequences under states' landlord-tenant laws. Without a signed lease, the parties may have an oral lease or tenancy-at-will.
Under Florida law, an oral or written agreement between the tenant and subtenant often determines the eviction process. Primary tenants have the first responsibility and privilege to evict a subtenant. However, if a primary tenant fails or refuses to evict the subtenant, the landlord can formally begin proceedings to evict the sub-lessee. Evictions may be forced for a number of reasons. For instance, nonpayment of rent or criminal activity can be deemed sufficient reasons for evictions in a court of law.
The Virginia Residential Landlord and Tenant Act became effective July 1, 2011, and the act's Article Two describes in detail the laws concerning regulation-making and rule-making by landlords. If a tenant in Virginia fails to follow rules and regulations set by his landlord, particularly rules designed to keep all tenants safe, it constitutes a breech of the rental agreement, and the landlord may take proper action, including evicting the tenant who is a danger to other tenants.
Either due to failure to pay rent or some other violation of a rental lease, a landlord may initiate eviction proceedings against a tenant. Evictions may be stressful and costly proceedings for both parties and can have negative consequences for an evicted tenant's rental and credit history. Fortunately for tenants, there are various options to avoid or overturn an eviction.
Dealing with belligerent tenants can be a hassle. However, trespassing laws help protect landowners from unwanted visitors. According to Tennessee trespassing laws, a person who knowingly enters a property forcibly or has knowledge that consent was not given, is in violation of criminal trespassing. As a property manager, you can utilize trespassing laws to help keep evicted tenants off your property.
Foreclosures affect both homeowners and tenants. During the foreclosure process in Michigan, the house is sold. However, before the buyer can take ownership of a foreclosed home, the current owner is allowed a redemption period of six months. During this time, the owner has a chance to catch up on payments and regain the home. If you rent a house that is going through foreclosure, your lease is valid in Michigan until the redemption period is over.
Eviction is the legal procedure to remove a tenant from the landlord’s property. A landlord can evict a tenant for breaking the terms of the lease or failing to pay rent. However, the landlord must follow the state’s procedure for evicting a tenant and cannot resort to self-help measures such as forcibly removing the tenant. If the landlord does not follow the state’s procedure, the landlord can be liable for damages to the tenant.
When a home sits empty, either for sale or in the foreclosure process, it may become the focus of a rental scam on classifieds or public forums for real estate or rentals. Scammers "steal" a listing and advertise it as their own property to snare unsuspecting renters looking for a good deal. The prospective renter gives money – frequently a large deposit or first and last months' rent – to the "owner," who turns out to be an imposter. To avoid getting ripped off, take precautions to ensure the person you meet with legitimately owns the home for rent.
The death of a tenant is often both tragic and stressful, and many landlords are surprised to know they still have obligations to a tenant's estate after the tenant's death. Landlords also have responsibilities to preserve and protect personal property and to honor the tenant's will. In most cases, after a will is probated specific instructions about how to handle a tenant's property and affairs will be available to the landlord, according to "Every Landlord's Legal Guide."
Maryland lenders or building owners can only evict tenants and former owners after following the state's eviction process. Tenants and former owners should acquaint themselves with state and federal laws governing foreclosure evictions and, if possible, negotiate with a property's new owners to avoid eviction and minimize the difficulty of finding a new home.
A residential landlord might want to evict a tenant due to nonpayment of rent or other reasons, even if the two parties never signed a written lease. The property owner may also wish to evict a roommate or subletter whose name doesn't appear on an existing lease. Under these circumstances, the landlord may still pursue eviction if he follows the procedures set by Pennsylvania law. The landlord might like to consult with a Pennsylvania attorney who practices real estate law.
Both renters and homeowners in Arizona have rights under state law, although they differ in many respects. The laws for renters and landlords in Arizona are defined under the Residential Landlord & Tenant Act. Rights and obligations of homeowners, on the other hand, are defined under Title 33 of the Arizona Revised Statutes. These laws protect tenants against discrimination and dangerous environments. Tenants may be evicted for non-payment of rent, for example, but only after the landlord has followed established legal procedures.
If you are renting out apartments or a home in California and your tenant dies, you may be anxious to get the place ready for new renters. The law prevents you from immediately going into the home and cleaning out all of the deceased’s belongings. Proper legal procedures must be followed before you can clean out the home and rent it again.
If your roommate refuses to pay the rent, you have the option of having her evicted. California has strict laws regarding eviction procedures, however, so it is important that you both understand these laws and follow them correctly if you want to quickly remove your non-paying roommate from your home.
While signed leases are legally binding documents, it's still in the best interests of landlords to negotiate with their tenants. How much the landlord is willing to negotiate will depend on many different factors including their financial situation, the economy, the likelihood of the tenant fulfilling the obligations of the new terms and market competition. You can always ask your landlord to renegotiate. The worst they can do is decline your proposal, but at the very least, you have a chance of getting what you want.
When you lease a car, you enter into a rental agreement under which the car's owner allows you to use it for a number of years in return for monthly payments. Although you are under a legal obligation to honor the agreement, lease contracts include clauses that enable you to terminate your lease before the end of the rental term. However, to protect the financial interests of the lessor or owner, early terminations usually prove quite costly for the lessee.
To evict a tenant, a landlord must comply with the requirements of state law and, in some cases, local ordinances where the property is located. These requirements vary from state to state and may even vary among the counties and cities within a state. How soon you can be evicted after breaking a lease, also referred to as defaulting on a lease, depends on where you live. The timing of an eviction may also be affected by special laws that apply to certain types of tenancies or tenants.
The Internal Revenue Service allows some taxpayers who own residential or commercial real estate to deduct the incidental expenses of terminating their leases before they expire. Generally, landlords can deduct their lease termination expenses if they attempted to rent their apartments or office space after their tenants prematurely terminated their leases without paying rent. If they attempted to decrease or mitigate their losses, they may be able to deduct vacant property expenses, but they cannot deduct their lost profits.
In Michigan, a landlord is required to follow the proper legal procedure to evict a tenant, regardless of the reason for eviction. The proper procedure requires the landlord to file an eviction lawsuit in court, notify the tenant of the lawsuit and allow the tenant the opportunity to defend the lawsuit at the hearing. If a landlord has evicted you without following the proper legal procedures, you may be entitled to monetary damages of up to three times your actual damages, or $200, whichever is greater.
Evicting a tenant from a rental dwelling requires a formal eviction hearing in court. At this hearing, the landlord, building owner or co-owner must prove the tenant is in violation of the lease and has no ability to bring the lease into compliance. Since a lease is a legally binding contract, only the property owner, co-owner or landlord signed to the agreement may legally enforce its terms.
Eviction laws in Tennessee can vary by county, but the Tennessee Uniform Residential Landlord and Tenant Act regulates the legal relationship between a property owner and renter in multiple counties in the state. When property owners fail to follow the laws regarding evictions, the renter may sue for damages. The act applies to counties with 68,000 or more residents, according to the Tennessee Consumer Affairs Division.
It's not unusual for landlords to require tenants to sign a lease. The average lease is generally for one year, wherein tenants are obligated to submit rent payments and fulfill the lease agreement. However, faithfully paying your rent each month doesn't mean that your landlord will automatically extend your lease for another year.
Massachusetts recognizes at-will tenancies, usually by operation of law. This means that these types of tenancies arise automatically if not stated otherwise. Additionally, at-will tenancies can be created in Massachusetts if the lease says so. At-will tenancies are typically indefinite, unlike regular tenancies with express lease periods.
While foreclosure can mean financial disaster for your landlord, for you as a tenant it is the uncertainty of dealing with a new property owner. Whether the property sells at auction or the bank retains it, the new owner of your home steps into your landlord’s shoes. This may mean that you can stay in your home and pay rent to someone new, or it may mean that the new property owner will ask you to leave. Federal law generally gives you the right to substantial notice after foreclosure before the request to leave your home. In some situations, you…
State laws generally require a written lease agreement between a landlord and tenant. The agreement controls the tenancy, and covers issues such as rental payments, security deposits, and the duty to repair or maintain the premises. Lease agreements are temporary; most residential agreements last at least one year. Once an agreement is signed, it remains in effect as-is, unless one party follows proper procedure to modify it.
Amending a lease agreement is legal as long as both the tenant and the landlord are aware of the changes and agree to the new terms. A landlord attempting to alter a lease agreement to avoid state landlord-tenant regulations, including laws pertaining to entering the rental property, is probably breaking the law.
If you construct a building for the purpose of renting to tenants, you can qualify for some tax breaks. These tax incentives are tied to specific types of buildings, and carry restrictions and guidelines. If you are in the planning phase of building a rental unit, you can adjust your plans to take advantage of the tax breaks available to you.
The leasing process typically starts with a written contract. In some arrangements, such as with roommates, a verbal contract may seem reasonable. But when a roommate violates a basic rental agreement, such as sharing utilities or rental fees, trouble can begin without a written contract. However, in South Carolina, the court system recognizes verbal rental contracts and enforces laws related to leasing violations.
In California, a tenant can be evicted for violating lease terms. This includes any terms to which the tenant agreed that do not go against public policy or are not illegal. If you agreed to pay for trash removal and water, and you accrued late fees because you didn't, your landlord has the right to evict you if your refuse to pay. This is because leases are a type of contract, and there are consequences for breaching a contract.
Lease agreements specify the length of time the tenant may live at a property, the amount of rent she is to pay per month and any other clauses that protect the landlord and tenant. Without a formal, written lease, you are responsible for treating the tenant in accordance with state renter's laws. If your tenant does not leave after you give an eviction notice, contact your county sheriff.
By signing a lease, a landlord agrees to maintain the property and to provide you with unencumbered access to the premises as long as you agree to maintain the property, adhere to lease terms, and return the property to the landlord in the same condition as when you moved in. Although federal fair housing laws prevent the landlord from refusing to renew your lease without cause, a landlord could decline to renew your lease if you violate the terms of the agreement.
When you move into a new rental property, you give the landlord a security deposit. Most states allow the landlord to hold this deposit until you move out, and to deduct the cost of certain repairs from the full amount before returning it to you. What the landlord can deduct, such as the cost of painting your rental unit, depends on the laws in your state and your lease agreement.
Hardship rules apply to renters who are unable to pay their rent. Although Minnesota state law provides little protection to renters who cannot pay their rent in a timely manner, there are several laws in place dictating procedure in the event of late payments, raised rents, property abandonment and lease breakage.
A New York resident experiencing financial difficulties could improve his situation by filing for bankruptcy. When a debtor files a bankruptcy petition, the bankruptcy court protects the debtor from his creditors. That means that if the marshal was hired to evict you, he must stop when informed of the filing. In essence, filing for bankruptcy gives you the opportunity to sort out your finances without the pressure of debt collectors looming.
The Tennessee Landlord and Tenant Act governs the relationship between property owners and residential renters. Both the renter and property owner have responsibilities under the act to maintain the property and abide by Tennessee laws. In addition to rules and responsibilities, the Tennessee Landlord and Tennessee Act provide remedies for both parties when a relationship breaks down.
Each state requires landlords to follow an eviction process to remove tenants from a residential property. The requirements for the landlord include providing tenants with a notice to correct an issue or vacate the property before filing for an eviction. Property owners can end a month-to-month or weekly tenancy with a termination notice to vacate the property. When tenants fail to vacate the property, the landlord can file an eviction with the courts.
In Texas, the Texas Landlord and Tenant Act governs residential lease transactions between landlords and their tenants. Texas law allows landlords to sue their tenants, sell their nonexempt personal property, and seek other types of judgment collections against their tenants when they fail to properly terminate their leases or unilaterally break their leases. Texas law gives landlords a right to lien their tenants' property if they abandon the property without properly terminating their leases.
Certification of occupancy is a major part of the building inspection process and helps to ensure the tenants' safety. Without a certification of occupancy, it is hard to know whether the building has been properly inspected and approved for residential use. In some cases, the landlord may face substantial penalties for the failure to obtain a certification of occupancy, depending on the jurisdiction and the situation.
