Skip to main content

Questions tagged [eviction]

The tag has no usage guidance.

Filter by
Sorted by
Tagged with
0 votes
0 answers
38 views

Stay of Eviction - Special Civil Court Case transferred to Civil

I am defending myself (pro se) for which I have a tenant owing me back rent. I had filed for eviction via Special civil court, but due to another case pending from the complaint filed by the tenant ...
Sam Bushrui's user avatar
1 vote
3 answers
117 views

Has no-fault eviction of residential tenants ever previously existed, even in places where it no longer does?

In England this didn’t previously exist until being introduced under s21 of Thatcher’s capstone legislation the Housing Act 1988. This applies to England and Wales until it was superseded in the ...
TylerDurden's user avatar
-1 votes
1 answer
41 views

What were the protections for tenants in California during covid-19 eviction moratorium? Where should one contact in case of protection was violated?

What were the protections for tenants in California during covid-19 eviction moratorium? Where should one contact in case of protection was violated?
brassmonkey's user avatar
0 votes
1 answer
72 views

Prior to the insertion of Section 10(A1) to the Criminal Law Act 1977, was it a crime to obstruct the enforcement of a high court writ of possession?

Prior to the insertion of section 10(A1), what was the legal status of obstructing a high court enforcement officer who was on official business in the course of evicting a former tenant against whom ...
Frank's user avatar
  • 155
0 votes
1 answer
21 views

What content information has been prescribed under s5(1)(a) PEA1977?

Subsection 5(1)(a) Protection from Eviction Act 1977 requires notices to quit to contain such information as may be prescribed. What prescriptions have been made under this provision, and how might ...
TylerDurden's user avatar
-2 votes
1 answer
114 views

What difficulties are there in evicting diplomats from their private residences as one would to anyone else? [duplicate]

Article 31(1)(a) of the Vienna convention on diplomatic relations allows for the receiving state to execute real actions on any private immovable property located on the land thereof, so where lies ...
TylerDurden's user avatar
0 votes
1 answer
69 views

What is “peace or comfort”?

The Protection from Eviction Act 1977 refers in a handful of places to “peace or comfort.” What is the meaning and scope of the referents of this phrase? Is it confined merely to that immediate peace ...
TylerDurden's user avatar
1 vote
0 answers
76 views

Why send a notice to evict if the tenant has already left? [closed]

My wife and I were living at an apartment complex in Michigan with property managers from hell. Long story short, we decided it was worth leaving the lease early. There was a lease contract buy-out ...
Jagh's user avatar
  • 19
2 votes
1 answer
176 views

Can parents no longer search my room once I am disowned?

I am a child abuse survivor. After being harassed for years I decided to leave and seek a new life. My biological parents suddenly disowned me and gave me 7 days to vacate their house. I was extremely ...
tocqk525's user avatar
-4 votes
1 answer
216 views

What are the consequences of evicting a licensee without giving them “reasonable notice”?

Bob is a licensee (ie non-tenant occupier). Because he isn’t a tenant, a possession order is not legally required to evict him. Instead, he may be peaceably evicted upon “reasonable notice.” ...
TylerDurden's user avatar
2 votes
0 answers
123 views

(Canada/Ontario) Confusion over move out date vs termination of tenancy

As I understand it based on my reading of the Residential Tenancies Act 1. At the end of a lease Landlord and Tenant automatically enter into a month-to-month agreement unless a. The landlord has ...
akozi's user avatar
  • 121
1 vote
0 answers
19 views

Under what rules may money judgments be granted during possession proceedings?

Money awards are regularly granted in the course of possession proceedings, but what rule or rules of law enable and govern this practice?
TylerDurden's user avatar
0 votes
2 answers
520 views

Is a Tenant Entitled to a Jury Trial in an Eviction Case?

Is a tenant entitled to request a jury trial? If yes, does it matter if the tenant is being evicted for nonpayment of rent vs. the Summary Dispossess Act in an owner occupied premises?
S.O.S's user avatar
  • 601
6 votes
2 answers
164 views

At what stage in history did intervention of courts become required for tenant evictions?

In England and other common law jurisdictions (I assume throughout most of the world in fact) a tenant doesn't automatically lose entitlement to their home once they stop paying rent for whatever ...
TylerDurden's user avatar
-1 votes
1 answer
178 views

Can a Tenant File a Counterclaim in Summary Eviction Proceedings?

I was reading this blog post which states: The good news is that the courts classify the eviction process as a “summary action,” meaning that it is about as quick a legal process as can be. There is ...
S.O.S's user avatar
  • 601
-1 votes
1 answer
225 views

Does a counter claim stop an eviction for non payment of rent?

In NJ (and most other states), when a landlord attempts to evict a tenant due to non payment of rent, the tenant can raise the defense that the landlord did not properly upkeep the premises and use ...
S.O.S's user avatar
  • 601
1 vote
0 answers
47 views

How does the process for evicting a tenant from privately owned student halls differ from standard privately rented accommodation?

Many student halls are privately owned by for profit businesses. If a student renting a flat from a student only hall fails to leave at the end of a fixed term, is a possession order required to evict ...
TylerDurden's user avatar
0 votes
1 answer
327 views

Adult son moved out but left belongings behind [closed]

my adult son 28 has moved in with his girlfriend and her parents and has left the majority of his belongings in my house, How long do I have to give him to remove them and what can I do if he doesn't ...
Klo's user avatar
  • 1
0 votes
1 answer
117 views

What changes in the legal standing of trespassers after they have been in a building for more than 28 days?

What changes in the legal position between trespassing occupiers claiming squatters rights who have been in occupation for less than 28 days and those who have for more than 28 days? How do the ...
JosephCorrectEnglishPronouns's user avatar
1 vote
0 answers
328 views

How can a Ukrainian refugee be evicted? (UK)

A close family member has offered to provide housing for a refugee. This was arranged via the council (in other words, the refugee's previous sponsor had been unwilling to continue to host them). For ...
Anonymous's user avatar
2 votes
1 answer
195 views

Is a response to a N5B section 21 accelerated claim required to be given on the dedicated form N11B?

Alice has received an accelerated section 21 claim from the court on form N5B, which legally is invalid. There exists a long and quite involved form intended for use in answering N5B accelerated ...
JosephCorrectEnglishPronouns's user avatar
2 votes
1 answer
211 views

Can you sue for emotional distress in FL over an erroneous eviction notice?

Lets say Jane is late on paying her rent by a few days (Due on the 1st, Grace period til the 4th, Paid on the 7th). Several days after paying, she receives a physical notice on the door demanding ...
Digital fire's user avatar
  • 5,489
0 votes
1 answer
97 views

Does it matter legally whether possession notices, orders, and warrants served by post are sealed in envelopes?

Are there legal benefits or detriments in terms of the rules of valid service whether such documents are sealed in an envelope or posted bare as postcards? If it is bare then there's less way to argue ...
JosephCorrectEnglishPronouns's user avatar
2 votes
0 answers
81 views

What determines order of precedence in occupation rights?

Meet Alice. Alice lets a house to Bob on a 6 month contract who then sublets it to Charles on a 12 month contract. Alice serves notice to the property addressed to Bob at the end of their term, which ...
JosephCorrectEnglishPronouns's user avatar
1 vote
1 answer
714 views

What happens if someone checks into a hotel for a night and refuses to leave?

Bob checks into a hotel for a night (term; let's say 24 hours) for £40 (rent) and his room isn't shared with anyone else (exclusive possession). The owner of the hotel doesn't live in the same ...
JosephCorrectEnglishPronouns's user avatar
0 votes
0 answers
40 views

"Perceptive" eviction or unwitting landlord maltreatment of an unpermitted subtenant

Alice rents a property from Bob, under a lease which prohibits her from subletting sharing or reassigning it to any third parties without prior express written permission, permission which shall not ...
Timothy's user avatar
  • 835
2 votes
1 answer
213 views

How do I print or present emails to support my defense in an unlawful detainer?

When presenting digital evidence in small-claims court, what is the correct way to do so? For example, if I have voluminous quantities of e-mails, digital ledgers, and other digital documents along ...
ashley verret's user avatar
1 vote
3 answers
143 views

Where is the line between an Assured Shorthold Tenancy and a more casual non-AST?

Assured Shorthold Tenants have relatively strong protections from eviction. But when does one gain this status when in more casual arrangements particularly in which the (sub?) Landlord requires ...
JosephCorrectEnglishPronouns's user avatar
2 votes
1 answer
109 views

Does the doctrine of unlawful ouster apply throughout the common law world?

Like England for example? If so then why do English legal materials speak so much rather of illegal eviction than of unlawful ouster?
JosephCorrectEnglishPronouns's user avatar
0 votes
1 answer
123 views

What are valid means of serving statutorily required tenancy information?

A landlord can't give their tenant a valid section 21 notice if the landlord has not previously provided the tenant with written information about the deposit and the scheme, the gas safety ...
JosephCorrectEnglishPronouns's user avatar
1 vote
0 answers
52 views

Is (at least) 28 days and a sheriff court order always required to evict a Scottish common law tenant?

The one guaranteed condition is that the tenant does not live with their landlord. Regardless of what the tenancy agreement says, is a court order always required to evict such a common law tenant?
JosephCorrectEnglishPronouns's user avatar
0 votes
0 answers
57 views

What is the landlords recourse for a tenant that doesn't leave after an expired notice to quit?

For most more common scenarios, there are clearer prescribed judicial procedures with defined fees etc. A solicitor advised me today that an expired notice to quit may be dealt with as a section 8 ...
JosephCorrectEnglishPronouns's user avatar
0 votes
0 answers
21 views

What remedies exist for illegally evicted tenants in Florida?

Can one get an injunction of reinstatement? Are there criminal sanctions for the instigator of the illegal eviction? Anything else?
JosephCorrectEnglishPronouns's user avatar
1 vote
0 answers
16 views

Is it more common to award landlords eviction order application costs than possession hearing application costs?

It could be argued that a tenant who has no valid grounds of dispute but defies a matured s21 notice and waits for a hearing to leave is simply exercising his rights to stay until asked politely to ...
JosephCorrectEnglishPronouns's user avatar
11 votes
2 answers
4k views

Does a squatter's executor have tenant rights after the squatter's death?

In California, "Bob" was living rent-free for years in exchange for caretaking and minor repairs. There wasn't any written contract. Six weeks ago, Bob's sister "Sue" began to ...
J. Win.'s user avatar
  • 339
1 vote
2 answers
158 views

UK - Can an executor evict a mentally ill family member engaging in elder abuse?

What are possible options does an executor havve to evict an abusive daughter currently abusing her elderly (possibly senile) mother? Suppose that these key facts are true: The daughter has a history ...
ledi's user avatar
  • 51
1 vote
0 answers
77 views

Duration of illegally terminated tenancy and right to occupancy

Suppose one Is illegally Evicted from their home by an ignorant and zealous landlord. The tenant has some right to use reasonable force to reenter the property, criminal law act 1977 notwithstanding. ...
Timothy's user avatar
  • 835
2 votes
2 answers
642 views

How many days do you have to live somewhere in Texas before you have residency in a home?

A woman has to move in with her parents because she fears becoming homeless while her husband is on probation for a felony DWI. Over 4 years of probation while living there the parents become ...
newbiex10's user avatar
2 votes
0 answers
39 views

Are civil remedies for landlord misconduct mutually exclusive?

Following illegal eviction there may be civil damages under the Protection from Eviction Act 1977, but there may also be Rent Repayment Orders under the Housing and Planning Act 2016. These are two ...
Timothy's user avatar
  • 835
3 votes
1 answer
221 views

Is it ever legally permitted for a landlord to withold/seize a tenant's posessions in exchange for owed rent arrears?

From everything I've seen online, it seems not, but I've heard a few credible individuals claim that they are allowed to do that. I think there must be some kernel of truth in it, or I wouldn't have ...
Peter's user avatar
  • 31
3 votes
2 answers
251 views

Is it legal to break into a property from which you are unlawfully evicted by the landlord while they are currently inside if you don’t threaten/harm?

The landlady gave no formal notices or court processes to end my lease or repossess the property. I was out of the property at the gym for less than 2 hours, and returned to find she had hired a ...
Monsignor's user avatar
0 votes
0 answers
62 views

What date can I issue a section 21 notice of eviction

I am looking to issue a notice of eviction (section 21 of the Housing Act 1988) to my tenants. The contract has a break clause that states: "Notwithstanding Schedule 3, this agreement may be ...
James's user avatar
  • 1
2 votes
3 answers
594 views

Under what laws did Israel evict Palestinians from their homes?

According to the BBC news last night, the latest violence in Israel / Palestine began after Palestinians were evicted from their homes in favour of Israelis. It seems highly draconian. What laws does ...
komodosp's user avatar
  • 797
0 votes
1 answer
268 views

No notice Tenant eviction in North Carolina upon forclosure legal?

I was rvicted from my home by police due to Landlord's property foreclosure. I was given no notice to move by anyone prior to this nor did any formal or informal eviction take place. The lady in the ...
candi117's user avatar
2 votes
1 answer
236 views

Certificate of Service for Colorado Notice To Quit

When serving a tenant with a Colorado Notice To Quit, must the Certificate Of Service of the Notice be notarized, either before or after serving the tenant?
user31822's user avatar
0 votes
1 answer
67 views

Is there any documentation out there on how to terminate a lease via court procedure for a landlord not ensuring quiet enjoyment in Texas?

I have had a fellow tenant who has engaged in harassment via laser lights, which has resulted in a police report on these tenants who makes lots of notice after 10pm at night and other such nuisance ...
Daniel's user avatar
  • 309
0 votes
2 answers
130 views

Isn't a lease violation enough to evict someone in Texas?

I made the mistake of picking one of the worst apartment complexes an educated nuclear family can choose in the state of Texas. I have reported problem neighbors in the past and have been told, "...
Daniel's user avatar
  • 309
1 vote
2 answers
126 views

Affidavit as an eviction notice

This is a question exploring a solution to this situation Curious case of real-estate transaction with predatory tenants A seller has entered an agreement with a buyer in the jurisdiction of Nova ...
Anton's user avatar
  • 191
2 votes
1 answer
147 views

Sweden, locked out of my flat share

I moved into this flat 5 months ago, I pay rent to the roommate which has a first hand contract. I gave 2 months notice as required in the contract. I did not pay the last month of rent as the deposit ...
DataRevolution's user avatar
-1 votes
1 answer
261 views

(CA tenant law question) 3-Day Notice to Cure or Quit, with vague "cure"

I live in a rent-controlled apartment in San Francisco. After my wife and I moved in 22 years ago, the (then) owner/landlord and I came to an agreement that allowed me to use the basement storage ...
RCH's user avatar
  • 1