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.
What happens if a landlord gives a month to month tenant a 30 day vacate notice, but the tenant refuses to leave?
In the presence of a properly executed lease on file, I would think the landlord would take the very next step as spelled out in the “Failure to Perform” section of the lease.For most, that will be step 1 in a formal eviction procedure - which will vary from state to state.Without a lease on file, or in a situation where the venue does not permit M2M lease terms, or in some rent control jurisdictions, this may not be something the landlord can accomplish easily.
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.
Landlords: How do I get a tenant to peacefully vacate the property at the end of their lease?
2) is a bad idea. If you don't like them, they don't like you, then don't renew the lease. Don't tread lightly. If he has figured out that he can do what he has been doing in the past, and you'll still renew the lease, then he'll do it in the future.1) you don't renew the lease. If they stay, then you just go through the proper process for eviction. Make sure the insurance is paid. In the extremely unlikely event that force has to be used, then it's the sheriff that does on the work. In practice, I've never found it necessary since once the sheriff posts a message saying that they will be there on day X, people always move out on day X-1.Finally, if you have a contentious relationships with the tenant, avoid any contact whenever possible. Do everything you can to abide by the lease, but do not contact the tenant at all. It's better for both of you. In fact, in cases where I've found myself not getting along with a tenant, I've stopped talking to them had had someone else who they haven't had bad relations with, do all of the talking.
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.
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.
If the tenant gave a 30-day notice on Oct. 1st to vacate by Oct. 31st but vacated on Oct. 25th, does the landlord have to pay 5 days rent back?
No.If a 30-day notice was required, then the tenant owes 30 days of rent from the date notice was given. Although the tenant may not have lived there during those final days, the tenant is still obligated to pay those 30 days of rent.Otherwise, what would be the purpose of a 30-day notice? In this scenario, if the tenant gave notice on October 1 and vacated on October 2, you wouldn’t expect the landlord to refund 29 days of rent.Beyond that, a 30-day notice period protects both the landlord and the tenant. Otherwise, you’d have to argue that if the landlord gave the 30 day notice on October 1, the landlord could kick the tenant out 5 days early . . . or 29 days early. The landlord has to abide by the 30-day notice, as does the tenant.For more information, check with an attorney.
Would it be possible for the landlord to charge trespassing if a tenant refuses to move out after a vacate was issued?
There are actually specific laws and legal procedures for this in the US. The person is called a holdover and the landlord has to go to court to have the person removed. If the person refuses to leave once everything is completed, then he might well be taken away to jail for trespassing. Hold-over Tenants: A Landlord's Legal Remedies