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CAN
THEY DO THAT??
EVICTION
Janet
T. Mills, Esq.
WRIGHT
& MILLS, P.A.
MY
LANDLORD JUST WROTE ME A LETTER TELLING ME
I HAVE TO GET OUT OF MY APARTMENT NEXT
MONTH BUT DIDN'T GIVE ME A REASON, AND I
HAVEN'T DONE ANYTHING
WRONG.
CAN
HE DO THAT??
Yes,
he can!
Unless
there is a written agreement that
specifies a different procedure, a
landlord may evict a tenant at any time by
giving the tenant at least thirty days
written notice. The landlord does not have
to give any reasons for wanting the tenant
to move out.
Likewise,
a tenant may terminate a tenancy by giving
thirty days written notice to the
landlord, unless there is a lease or other
written agreement that sets out a
different procedure.
If
the tenant is seven days behind in the
rent or if the tenant has caused
substantial damage to the property, the
landlord is only required to give seven
days written notice to evict. This
seven-day notice must give a reason,
however, and it must give the tenant an
opportunity to avoid eviction by making
the necessary repairs or by bringing the
rent up to date.
If a
tenant refuses to move out after receiving
an eviction notice, the landlord may go to
court and request a court order to force
the tenant out. There will be a hearing
within a very short time and both parties
may give evidence. There are not many
defenses to an eviction proceeding, but
the tenant may argue that the rent was not
paid because the tenant had to make
certain repairs to make the place
habitable. If the court orders the tenant
to move out for nonpayment of rent, the
tenant will still owe the landlord the
back rent.
A
written lease gives both the landlord and
the tenant greater security with respect
to the duration of the tenancy and the
amount of rent to be paid during that time
period. A lease or other written rental
agreement also protects both parties and
avoids laters disagreements by specifying
who will pay for heat, electricity, gas,
water and sewer, plowing and trash
removal. It will also say whether pets are
permitted, who will make certain repairs,
whether the tenant can sublet, with or
without the landlord's permission, and
whether roommates will be allowed. These
terms should be discussed and negotiated
before either party signs a lease.
If
the tenant moves out before the lease is
up, the tenant usually will still be
liable for the monthly payments until the
end of the lease. When there is no lease
or written rental agreement, all you have
is a "tenancy at will" and the law assumes
that you are renting on a month to month
basis.
But
remember, without a lease or written
contract to the contrary, your landlord
can evict you by giving you thirty days
written notice, without giving you any
reason at all.
It's
the law!
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