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Advocates Boost Tenant Eviction Law
A study compiled by the National Law Center on Homelessness & Poverty concludes the Protecting Tenants at Foreclosure Act should be more forcefully applied because many landlords facing foreclosure fail to follow its provisions -- primarily that landlords provide a 90-day notice of eviction.
posted 2/21/13 10:07 AM read complete story
(SECTION 8 EVICTIONS) 'Sex For Pampers' Offer Leads To Tenant's Eviction
Lesson: The tenant breached his lease and the landlord prevailed because the property manager acted quickly to terminate the tenant's lease after learning about his conduct. The property manager properly documented the facts to support the claim for possession. The tenant needed to b...
posted 7/8/11 12:09 PM read complete story
(HABITABILITY) Court Refuses To Dismiss Tenants' Case After Paying Landlord $51,600 In Rent
Lesson: The tenants claim their landlord misrepresented the condition of the house they rented -- and for which they paid high-dollar rent. Meanwhile, the landlord claims the tenants breached the lease because they failed to pay all of their security deposit. The court refuses to dismiss the c...
posted 6/23/11 5:25 PM read complete story
(EVICTION) Tenants Lost Right To Challenge Notice To Vacate Because They Moved Out
Lesson: The landlord's notice to vacate was properly served by certified mail even though the tenants refused to claim it at the post office. The court ruled the tenants received actual notice to vacate because their landlord told them he wanted them to move out before he sent the notice. ...
posted 6/17/11 09:24 AM read complete story
(EVICTION) Late-Paying Tenant May Evicted After Notice To Cease Is Given
Lesson: The landlord complied with the statutory requirements of the state's anti-eviction law and was entitled to evict its tenant who "habitually" paid her rent late each month. The court said the landlord was entitled to possession because it followed the rules which al...
posted 6/9/11 5:16 PM read complete story
(REASONABLE ACCOMMODATION) Tenant May Not Use 'Reasonable Accommodation' As Defense To Eviction
Lesson: The appellate court would not let the tenant use her reasonable accommodation claim as a defense to the eviction action. The landlord was very reasonable in this case and gave the tenant the extra time she requested. She then failed to perform her part of the agreement, and the ap...
posted 6/2/11 3:22 PM read complete story
(DOG BITE) Landlords Cannot Be Held Liable After Tenants' Dogs Brutally Attack Neighbor
Lesson: The landlords could not be held liable here because they did not have a duty to protect the neighbor from a dog attack which did not occur on their rental property. The outcome would have been different in most states if the attack occurred on the rental property and the landlords knew...
posted 5/26/11 2:53 PM read complete story
(PREMISES LIABILITY) Landlord Not Liable After A Tenant Brutally Attacks Another Tenant's Guest
Lesson: Most states require landlords to take reasonable steps to protect tenants and their guest from foreseeable criminal acts by third parties. Usually this does not require landlords to protect tenants and guests from other tenants unless the landlord knows of a specific danger – such as s...
posted 5/20/11 11:17 AM read complete story
(SECURITY DEPOSIT) Court Allows Tenant To Sue Landlord For Deposit Paid On His Behalf
Lesson: Even though a third party actually paid the tenant's security deposit to the landlord when he moved into his apartment, the tenant is still entitled to sue his landlord for failing to return the deposit or provide an accounting to the tenant at the end of the lease term. The landlord w...
posted 5/13/11 10:46 AM read complete story
(TRESSPASS BY LANDLORD) Landlord To Pay Tenant $6,000 For Property Taken From Apartment
Lesson: This landlord's self-help adventure cost him $6,000, an amount representing the value of the property he unlawfully removed from his tenant's apartment after she failed to pay rent. It is much easier -- and safer -- to go to court and obtain an eviction order than defend against ...
posted 5/5/11 12:21 PM read complete story
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