What happens to a landlord who does an unlawful eviction of a tenant from a room rental in the landlord's primary residence, after the 30-day notice to vacate has passed?
So, you’re renting a room in a person’s home. I assume that the owner of the house is the landlord in this situation, though it could be some other person who has leased the entire house and is subletting one room to you.Either way, you’re not wanted in the house anymore. How did the landlord carry out an “unlawful eviction”? And what did you do to trigger that notice to vacate?If you chose to ignore the notice to vacate, both you and the landlord are on shaky ground. You, because sooner or later the landlord could (most likely) get a court order to remove you, at which time a sheriff (or other law enforcement officer) will come and escort you out of the house. The landlord because they really, really don’t want you there, and might have to appear in court in order to get you out, or takes measures that might not be legal in order to get you out.Perhaps you could sue the landlord, but that doesn’t mean that you will win. If what motivated the landlord to remove you from the house was bad behavior on your part, I would say it’s 50/50 whether your lawsuit will prevail in court. You might find yourself on the losing end of the suit and owe moneys to the landlord.Still, it’s difficult for me, or any uninvolved party, to offer valid advice without significantly more information.If you feel injured and are seeking recourse, your best advice is going to be provided by an attorney.
Do I have to give notice to my landlord before I vacate in India? How many days is the norm?
Yes, you have to give notice before vacating. The notice period & method is clearly defined in the rent or lease agreement. If such a formal agreement does not exist, ask the landlord how much notice they need and in what form.In case of verbal residential agreements, the norm is usually a months notice in verbal or written form if the landlord is the formal types.
In New York City, is a 30-day notice to vacate provided by a tenant to a landlord via email legally sufficient?
There is no such thing as a notice to vacate from a tenant to a landlord, so I'm not sure what you're asking here. Such a notice would come from a landlord demanding that a tenant vacate a leased premises.In any event, email is generally recognized by NYC courts as a legally valid form of agreement and/or notice, a written signature is not necessary.
How can I get my name off of a month-to-month co-tenant lease? Three out of four tenants have vacated the property and given notice to the landlord, but the landlord refuses to take our name off of the lease. This is a rent controlled area.
Give him 30 days registered letter and say see ya. After you do that it ceases to be a lease so whether or not he wants to he cant have a lease full of people who have gone with notice and turned in the key remember to give keys back ….if its rent controlled which i am not familar ' i can't see it being hard at all to get another person in… not your problem though, notice , keys gone.
As a tenant in CA. If you sign a one year lease and move in, can the landlord give everyone a 30 day notice to vacate immediately?
You’re in California.This is what’s known as an OMI (Owner Move In).The answer really depends on your local statutes. Some cities have rent controls, and in those cities, there are usually statutory allowances for an OMI, or in some cases, also the move in of an immediate relative of the owner.An OMI is typically an exception to the local rent control ordinance for that’s called a “just cause eviction” requirement that’s normally part of rent control statutes.Typically for an OMI, there’s a good faith requirement that the owner intends to occupy the property for an extended time, rather than re-renting the property within that time period. This is usually no less than a year — but check your local statutes.There’s also usually a requirement that it be the owner’s primary residence during that time.The notice requirement is (by California statute, local statutes may place additional requirements) 60 days for tenants who have been there a year or more, and 30 days if they’ve been there less than a year.So the 30 day notice is fine, at least for tenants who have not been there a year or more.There are also potentially statutory relocation costs, if the unit has been occupied for a certain period of time (the situation described is a relatively immediate event, you likely do not merit relocation costs). Check your local statutes to be sure.The tenant usually gets “first right of reoccupation”, say for example, the owner moves in, then moves out a month later — you could reoccupy the property before anyone else is allowed to do so. This type of statute varies by city.Note that an OMI requires the same notice as any other Notice to Quit (as noted above: 30 or 60 days), and even then this is not an eviction.If the owner wants you gone, then they will start an eviction proceeding, which, in California, is a court order to Quit issued by a California Superior Court.I would personally recommend not allowing things to go as far as an actual eviction, and you should get in front of this with a lawyer, if it’s going to come to that. An actual eviction may prevent you from renting a new place, during the background check.If you have any further questions, you should probably contact your local landlord/tenant association or a landlord/tenant lawyer (or real estate lawyer) in the jurisdiction where the unit is located.The circumstances around an OMI are generally very complicated, and you will likely need legal advice, should you want to fight it.
Is it legal for Landlord to ask the tenant to find out a new tenant and collect the advance amount of Rs.2 lakhs from them, while vacating?
Mostly landlords have made a fixed deposit of the security deposit that they took from you.Now they can't break their FD because it is fixed for a tenure(5+ years)So they'll ask you to get another tenant and take the security deposit that you submitted from them. Now this is actually the best way to get your 100% security deposit back, because usually if you take your security deposit back from the owner they would deduct a lot of charges and you'll be getting around 60% - 70% of your security deposit.It's a win win for both the parties.Legal or illegal should depend on how rental agreement has been made, so you should have a look at it.
Can a landlord/rental agency (in Pennsylvania) force a tenant to attend cleaning classes for a "failed" room inspection for cleanliness or be given a 30-day notice to vacate for non-compliance?
A landlord can put anything in his lease My question is did he randomly inspect your apartment or were you giving notice to leave?Generally a landlord after the intial inspections doesn’t come round and inspect cleanliness unless someone complained you were a hazard at that time he could ask you to leave with a 30 day notice if stated in the lease.I searched for a clause that says you learn to clean or your gone. I suppose you could challenge that with the fact he hasn’t really got the right to inspect at will. He has a security deposit. So I’d ask him to pay for my classes. I have never heard of this. Your out or in and security deposit is used to fix the mess or court proceedings. Unless some little lady rented you a room and stuck this in a lease I still don’t t think it sticks in court. It seems unreasonable as they are protected. If you are filthy perhaps. However clothes strewn about and messy I would check the lease as it sounds stupid to me.I understand you are to follow the rules of a lease however it seems frivolous to me unless you poses a health hazard, someone has complained and given the landlord reasonable right to enter. Even the he should notify you of the inspection so you can be on hand, however 0–24 in PA hours are acceptable and he can enter with or without you permission with cause. Not just a spot inspection
