Questions tagged [eviction]
The eviction tag has no usage guidance.
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Why send a notice to evict if the tenant has already left?
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 ...
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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 ...
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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.” ...
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(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 ...
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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?
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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?
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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"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 ...
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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 ...
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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 ...
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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?
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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 ...
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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?
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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 ...
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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?
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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 ...
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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 ...
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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 ...
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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.
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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?
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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 ...
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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, "...
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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 ...
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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 ...
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(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 ...
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SELF HELP EVICTION OF ADVERSE POSSESSOR [closed]
Can I Forcibly remove an adverse possessor without Notice or and Opportunity to be heard, before time bared by the statute of limitation in Florida.
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How do i evict a son who wont work, pays nothing and is 26 years old. I'm the homeowner [duplicate]
My son is 26, he doesn't work. My wife and I are pensioners. We keep him and he doesn't contribute in any way. We own our house. We have reached the end of our patience and help. How do we get him out ...
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How does one evict a tenant in Arizona if they have a lease/purchase instead of a straight lease? [closed]
I've read there are differences to eviction based on the type of lease/purchase, so if more information is needed please comment.
Tenant pays a lease payment each month that includes a monthly rent ...
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How to challenge validity of housing inspections in regards to eviction
Jurisdiction is Western Australia.
If a landlord is experiencing financial troubles, and is attempting to evict their tenants on false grounds, in order to increase his sale price or make finding a ...
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What legal processes need to be followed, if any, to get squatters out of a house in Philadelphia?
When their father died, my wife and her two siblings inherited a townhouse in northern Philadelphia. All of them lived outside of Pennsylvania so they were thinking about renting out the property.
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What would happen if a tenant's eviction notice got lost in the post, or the tenant claims to not have received it?
I was served 2 months notice to move out of a rental house recently by letter as the landlord wanted their house back. However, a few weeks later and having had no subsequent contact from the estate ...
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Can a parent kick an adult child out of a house that the parents do not own or rent?
I live in Spain. My parents and I live in a house which my grandfather legally owns. I'm 22 years old, and in Spain someone is considered an adult when they turn 18 years old. Could my father kick me ...
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