FREE LEGAL AID

A site for free help-yourself legal resources

Landlord Tenant Law

Landlord Tenant Law

do you get served eviction papers ...

State: 
New York
Question: 
do you get served eviction papers
Answer: 

An eviction proceeding is the legal method available to landlords to remove a tenant from a rental property. A landlord is prohibited from using self-help measures like locking a tenant out of a property and can face harsh penalties if such measures are used. In New York, an eviction may also be referred to as a Summary Proceeding. A landlord has a duty to provide the tenant with notice of the eviction case by serving them with a copy of both the Notice of Petition and the Petition. The Notice of Petition contains information regarding the time and place of the eviction hearing and the Petition lists the landlord’s reasons for evicting the tenant. In addition, the landlord must serve the tenant at least 5 days prior to the court date. Visit http://www.lawny.org/index.php/housing-self-help-141/housing-and-eviction-self-help-142/48-general-eviction-information#sthash.0JnH33VD.dpuf to learn more about general eviction in New York.

Also, read
http://www.freelegalaid.com/nav/new-york/landlord-tenant-law/article/tenant-law-requires-proper-eviction-notice-new-york for more information about what consitutes proper notice of a pending eviction.

Attorney: 
elizabethcarlsen

My landlords put our house up for sale and gave us a month to move are they responsible to help pay for any of our move? We were given little notice and coming up with first months rent on our new place and deposit has crushed us financially. ...

State: 
California
Question: 
My landlords put our house up for sale and gave us a month to move are they responsible to help pay for any of our move? We were given little notice and coming up with first months rent on our new place and deposit has crushed us financially.
Answer: 

The length of notice your landlord must give you to move out of your rental property depends on how long you have lived in the property. For example, if you have lived in the property for a year or more and you have a month to month tenancy, your landlord must give you at least 60 days notice to move out of the property. If you have a month to month tenancy and have lived in the home for less than a year, your landlord only must provide you with 30 days notice to vacate the property. In addition, since your landlord is selling the rental property, special circumstances exist that allow the landlord to only provide you with a 30 day notice. If you do not move out by the 30th day, your landlord or the new owner may initiate an eviction proceeding against you which can damage your ability to rent in the future.


 

Generally, a landlord is not responsible for paying a tenant’s moving expenses if the landlord gave the tenant proper notice. However, if you have any questions regarding your legal rights, contact an attorney in your area to discuss your case. In addition, you may be successful negotiating a quick return of your security deposit in your current place by scheduling a walk through with your landlord. For more information about your rights as a tenant in California, visit http://www.dca.ca.gov/publications/landlordbook/moving-out.shtml.

Help please my landlord locked me out with no evection papers, I have lost so much of my items, I want to sue to either get them back or be compenstated. They claim we abandoned the house. We made arrangements to pay them on the 15th and on the 17t ...

State: 
Illinois
Question: 
Help please my landlord locked me out with no evection papers, I have lost so much of my items, I want to sue to either get them back or be compenstated. They claim we abandoned the house. We made arrangements to pay them on the 15th and on the 17th they changed the locks. We were out of town visiting my mother for three days due to the holidays. We rented from them for 10 years. Help please. We did tell the police.
Answer: 

Illinois law prohibits a landlord from using methods outside of the court process to evict a tenant from a property. Therefore, a landlord cannot lock you out of the rental property without an order from a judge approving such action. You did the right thing by contacting the police quickly. In many instances, the police can force the landlord to let you back into your property. If possible, request a police report so that you can document the event in case you choose to file a claim against your landlord in the future.

You can file a claim in small claims court for any damages that you have suffered due to the landlord’s behavior. For more information about filing a claim in small claims court, see http://illinoisattorneygeneral.gov/consumers/smlclaims.html. In addition, read http://www.freelegalaid.com/nav/illinois/other/article/filing-small-claim-cook-county-illinois.

Attorney: 
elizabethcarlsen

If I want to get out of a lease agreement early,what are my financial obligations? ...

State: 
Virginia
Question: 
If I want to get out of a lease agreement early what are my financial obligations? Also,how will my credit be affected if I choose eviction?
Answer: 

A lease agreement is a written contract that states that you will live and pay rent in a property for the term of the lease. If you break the lease and move out early in Virginia, you may be liable for all rent due for the remainder of your lease term. In addition, the landlord may be able to recover additional damages to compensate the landlord for re-advertising, reasonable attorney fees or other additional expenses that result from your breach of the lease. Therefore, it is best to discuss this decision with your landlord to see if you can come to an agreement regarding your lease. For example, your landlord may agree to let you out of your lease if you find another tenant to assume the remainder of your lease term. Or, your landlord may agree to keep your security deposit and not pursue further legal action if you break your lease. Remember to get any new agreement in writing.

For more information, see
http://www.fairfaxcounty.gov/consumer/tenant/tenant_landlord_faqs.htm#question10.

Attorney: 
elizabethcarlsen

I rented my home in san antonio, I currently live in San Francisco, CA. I am suing my former tenant for damages to my home. I need an attorney to represent me in San Antonio. Do I hire an attorney in Texas or California?Thank you ...

State: 
Texas
Question: 
I rented my home in san antonio, I currently live in San Francisco, CA. I am suing my former tenant for damages to my home. I need an attorney to represent me in San Antonio Small Claims court. Do I hire an attorney in Texas or California? Thank you
Answer: 

In Texas, small claims court can only hear issues involving claims of $10,000 or less. Since your home is in San Antonio and that is where the defendant resides, you will file your small claims case in Texas. Therefore, if you do decide to hire an attorney to represent you in this matter, only an attorney licensed to practice law in Texas will be able to assist you in a Texas court.

If you have questions about where to file your small claims case see http://www.bexar.org/jp/jp2/Small_Claims/small_claims.htm. In addition, read http://www.freelegalaid.com/nav/texas/other/article/filing-small-claim-bexar-county for more information about filing a small claims case in San Antonio.

Attorney: 
elizabethcarlsen

my security deposit of $2000.00.was retained by my landlord, they were no damages to apt.but normal wear and tear,as we had rented for 3years. ...

State: 
Florida
Question: 
my security deposit of $2000.00.was retained by my landlord, they were no damages to apt.but normal wear and tear,as we had rented for 3years,the same apartment.
Answer: 

According to Florida law, the landlord has a duty to return your security deposit within 15 days after you move out if the landlord does not intend to retain any of your deposit. In addition, the landlord must notify you within 30 days if she is going to retain any part of deposit to pay for necessary repairs because of damage to the property. If the landlord does not return your deposit to you or notify you in writing of why she is keeping your deposit within 30 days, the landlord forfeits her right to use part of the deposit. Next, you can file a claim in small claims court asking for the deposit. For details regarding how to file a small claims case in Florida, read http://www.freelegalaid.com/nav/florida/general-legal-resources/article/how-file-small-claim-duval-county-florida.

For more information about your rights as a tenant in Florida, see
http://www.legalaidocba.org/documents/SECURITY_DEPOSITS_08.pdf. In addition, contact a Florida attorney to discuss any additional damages that you may be entitled.

Attorney: 
elizabethcarlsen

Dear Legal Aid, Can I , as a tenant withhold rent in the case of lack of heat for a month prior to Hurricane Sandy? Also no locks on doors to building and no hot water for 6 weeks in August/September. I have a month to month lease agreement. At one t ...

State: 
New York
Question: 
Dear Legal Aid, Can I , as a tenant withhold rent in the case of lack of heat for a month prior to Hurricane Sandy? Also no locks on doors to building and no hot water for 6 weeks in August/September. I have a month to month lease agreement. At one time I had a lease- Heidi Johnson
Answer: 

According to New York law, your landlord has a duty to provide you with heat during what is referred to as the heating season, October 1st through May 31st, if the temperature outside dips to a certain level. For example, if the temperature outside is below 55 degrees during the day or below 40 at night, a reasonable amount of heat must be provided. Keep a record of the date and temperature outside to reference when talking to your landlord. In addition, your landlord must provide you with hot water at a constant minimum temperature of 120 degrees. In addition, you have the right to live in a safe apartment, including one that has a main building lock.

First, contact your landlord in writing regarding these problems before withholding rent. If your landlord does not respond to your letter, consider filing an application with the DHCR, Division of Housing and Community Renewal, asking for a rent reduction due to decreased services.  See http://www.nyshcr.org/ for more information. Withholding rent is not a legal remedy and can result in an eviction. For more details about eviction in New York, read http://www.freelegalaid.com/nav/new-york/landlord-tenant-law/article/tenant-law-requires-proper-eviction-notice-new-york.  Also, consider discussing your case with a New York attorney familiar with landlord and tenant issues before you stop paying your rent.  

Attorney: 
elizabethcarlsen

I am retired on fixed income and can not afford the rent I now pay but am stuck with 7 more months on lease. Can I get out of that? ...

State: 
Nevada
Question: 
I am retired on fixed income and can not afford the rent I now pay but am stuck with 7 more months on lease. Can I get out of that?
Answer: 

Generally, you cannot break your lease in Nevada for any reason, even if you can no longer afford to pay the rent. However, you may be able to negotiate a compromise with your landlord. For example, your landlord may allow you to terminate your lease early if you find a tenant to take over your lease. Or, your landlord may allow you to break your lease if the landlord can keep your security deposit. For more information, see http://www.nvsaa.org/index.php?src=gendocs&ref=RentersFAQ&cate..

Attorney: 
elizabethcarlsen

Want to know what my rights are for mold growing in my rental home that landlords wont fix ...

State: 
Arizona
Question: 
Want to know what my rights are for mold growing in my rental home that landlords wont fix
Answer: 

All landlords owe their tenants a duty to provide a habitable place for them to live, free of mold. If you discover mold in your rental home, contact your landlord as soon as possible. If your landlord refuses to address the issue, there are steps that you can take to protect yourself and your family. For example, if you determine the mold to be toxic in nature, you can draft a complaint demanding that your landlord fix the problem within five days. Send the complaint via certified mail so that you can keep track of the complaint and ensure it reaches your landlord. If your landlord still does nothing to remove the mold growing in your rental home, you may be able to terminate your lease and vacate the property. If you wish to remain in the property, you can file a lawsuit against your landlord asking your landlord to make the necessary repairs. In addition, you may be eligible for damages as well.

If you have additional questions regarding your rights and ability to force your landlord to address this issue, contact an experienced Arizona attorney. Your local health department may also be a good resource for you if you are unsure what to do or who to contact. In addition, see http://www.azdhs.gov/phs/oeh/children/indoorair/mold/index.php for more information.

Attorney: 
elizabethcarlsen

Is There Help Available for an eviction problem? ...

State: 
California
Question: 
Is There Help Available for Wrongfully Eviction problem?
Answer: 

Landlords are required to follow the state’s unlawful detainer procedure when evicting a tenant. In addition, a landlord is prevented from using self-help measures like locking out a tenant in order to remove a tenant from a residence. Landlords that fail to follow this specific procedure may be liable for damages.

Depending on what part of the state you live, you may find a variety of resources available to help you with a wrongful eviction. A good place to start is to call the bar association in your area to obtain information about low-cost options regarding legal advice. For example, there may be a legal aid program in your area that will discuss your case with you for a fraction of the cost. In addition, many attorneys offer free consultations to discuss your case. This may be a good option for you if you are unsure whether your case is worth pursuing.

For more information about the eviction procedure in California, see
http://www.courts.ca.gov/1291.htm or http://www.courts.ca.gov/selfhelp-eviction.htm.

Attorney: 
elizabethcarlsen
Syndicate content
Share this
Custom Search

MEMBER LOGIN