Being Evicted......Anytime/Any reason?

[MySonsMom]

So, is it true that a landlord can evict you for NO apparent reason whatsoever?

MSM

 

[happy&lucky]

YES...if you have NO LEASE!

all the landlord OR tenant has to give is a 30 day notice from the time you normally pay rent, thats it..

 

[I AM ALWAYS LIABLE]

So, is it true that a landlord can evict you for NO apparent reason whatsoever?

MSM

My response:

Basically, yes.

There are at least two circumstances, however, where the landlord must give a reasonable reason for terminating the tenancy:

1. Where there is a lease for a specified term, and the landlord wishes to terminate early "for cause". The cause or reason must then be stated.

2. Where there has, previous to the landlord's termination notice, been a written complaint by the tenant to the landlord concerning habitability issues.

Notwithstanding the above, and assuming a month-to-month tenancy, a landlord can, apparently, be happy with you one day, and then the next day, give you a Notice to Quit or Notice of Termination for no reason at all which, by your State laws, gives you a specified amount of time to vacate the premises.

IAAL

 

[MySonsMom]

Ok, that makes sense. So signing a lease is pretty vital when it comes to renting. It protects both the tenant and the landlord.

So in the event there is a lease signed, the landlord cannot evict a tenant for no reason.

As far as *problems* with a tenant...(ie: noise/complaints/problems) the landlord would simply log the complaints and *could* evict if problems persist even WITH a lease??

MSM

 

[I AM ALWAYS LIABLE]

Ok, that makes sense. So signing a lease is pretty vital when it comes to renting. It protects both the tenant and the landlord.

So in the event there is a lease signed, the landlord cannot evict a tenant for no reason.

As far as *problems* with a tenant...(ie: noise/complaints/problems) the landlord would simply log the complaints and *could* evict if problems persist even WITH a lease??

MSM

My response:

Assuming there's a lease, the landlord doesn't have to keep a "scorecard" or a log of events if there's a breach of the lease. All it can take is one, single, event (a breach) - - and then it's adios to the tenant, if that's what the landlord chooses to do.

For example, if the lease has a "morals" clause, or a Criminal Conduct clause, and the tenant has, only one time, let's say, allowed drug dealing on the demised premises, then the landlord is within his/her rights to evict.

But, it doesn't even have to be a breach that is that serious. It could even be that the tenant has brought a dog into the demised premises, and the landlord can issue a Notice to Quit. Even if the tenant immediately cures the breach by getting rid of the pet one hour later - - the fact remains that the breach has already occurred, and the landlord doesn't have to accept the "cure".

There are some landlords just "itching" to get rid of certain tenants, and waiting for any reason and opportune time. You and I both know there are unreasonable landlords. But, as long as a breach of the lease has occurred, the landlord is within their rights.

IAAL

 

[happy&lucky]

BUT WITH A LEASE the landlord MUST take you to court and WIN!!!!!!

Of course if you are guilty of GROSSLY violating the lease,(drugs, underage drinking, criminal activity) and dont leave and he takes you to court YOU could be liable for all his legal fees as well.

IAAL is incorrect on one point, if you cure the violation within the stated time, some states like NY/ NYCity will not allow the landlord to evict for that reason.....

---No different then a cop giving you a warning for not wearing your seatbelt.....

So if you get a dog,(and have a no pet lease) and the landlord gives you a "Notice to Cure" to get rid of the dog in 3 days, on the 4th day if the dog is still there he can evict... even if on the 4th day someone is coming to your home to adopt the dog... and the landlord witneses the whole thing...No kidding!