If you are facing eviction as a tenant of an apartment, understanding your rights can help you make important decisions concerning your lease. Both landlords and renters must adhere to state regulations and the terms included in the lease.
If you find an eviction notice on your door and your landlord has locked you out, the law could be on your side.
Evictions can only take place if your landlord has provided written notice and given a fair warning. Once you have received a warning from your landlord and you still haven’t adhered to the requirement (for example updating your late rent payments), then the landlord has the right to proceed with the elimination of your tenancy.
Each state has its own set of tenancy laws and if you feel that you have faced an unjust eviction, you can consult with a local lawyer concerning such law. This will ensure that every aspect of your case is carefully evaluated, and you are provided the necessary recourse.
Landlords also have to abide by state law when it comes to evictions. Tenants may also read their lease agreement concerning the process of eviction from an apartment.
As a tenant you can be notified of eviction in the following ways:
A Pay Rent Notice
If you have not paid rent, you will receive a notice from the landlord requesting the outstanding payment or end the tenancy and move out. You may be issued 3 notices before the lease can be legally terminated and you will have to move.
A Quit Notice
Every tenant is required to abide by regulations or terms and conditions as stipulated in the lease agreement. This could include restrictions on the number of people staying in the apartment, prohibitions against subleasing or violating noise restrictions. You will be provided a period to correct the violation after you receive a written warning. If you fail to abide by the warning, your lease will get terminated.
Landlords also have the right to terminate leases if it is not for a fixed term. They will simply issue 30 day to 60-day notice (depending on the period indicated in the lease) and can request that you move out on a specified date.
How to Protect Yourself Against Evictions
The best way to protect against evictions is if you read your lease thoroughly and you familiarize yourself with state law. Landlords have to abide by state law concerning evictions, but tenants should also adhere to the lease and pay rent on time to avoid unnecessary complications. Knowing your rights and responsibilities can help you pursue a rewarding and full tenancy.
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