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Is it legal for the landlord to keep my deposit if the
tenant has been given a 20 day notice to vacate the premises?
Is it legal for the landlord to enter the tenant's apartment
without the tenant's permission?
How much notice is required if the landlord wants to
increase rent or change rules about a month to month
tenancy?
Does the landlord have to give the tenant a specific
reason for not renewing a tenant's lease?
A tenant just moved
in and the place is bug infested, has leaks, etc. Can
he move out even though he signed a lease?
Does the landlord have the right to refuse to rent to
a tenant with bad credit?
If the landlord will not fix conditions that tenants
complain about, to whom can the tenant report? Can the
landlord raise the rent or evict the tenant because a
report is made?
How much notice must a tenant be given before being
subject to eviction proceedings?
Are there any requirements about how the service of
notice is to take place?
What if the notice the tenant receives is for late rent
and the tenant offers the amount to the landlord to come
current. Does the landlord have to accept it?
Can the landlord take all of the tenant's belongings
out of the premises, put it on the lawn, and change the
locks?
What is a writ of restitution and what happens if it
is granted?
Is it legal for the landlord to keep my deposit if the
tenant has been given a 20 day notice to vacate the premises?
Yes, if in accord with the written rental agreement.
The rental agreement should spell out the terms for withholding
all or part of the deposit for things such as damages,
unpaid rent, or utility bills due. Within 14 days of
vacating, the landlord should refund the deposit less
deductions.
Is it legal for the landlord
to enter the tenant's apartment without the tenant's
permission?
Absent an emergency or abandonment of the
premises by the tenant, a landlord may only enter the
premises with the consent of the tenant AND on one day's
prior notice. However, tenants may not unreasonably withhold
consent from the landlord's entry on those conditions,
such as for the purpose of making repairs.
How much notice is required if the landlord wants to
increase rent or change rules about a month to month
tenancy?
30 days.
Does the landlord have to
give the tenant a specific reason for not renewing a
tenant's lease?
No.
A tenant just moved in and
the place is bug infested, has leaks, etc. Can he move
out even though he signed a lease?
A landlord has certain
responsibilities to a residential tenant, one of which
is to provide a habitable premises. Generally that includes
such things as complying with codes; maintaining the
structural parts of the premises; keeping the premises
watertight; delivering the premises free of rodents,
or if the premises is multiple units, like an apartment
building, controlling rodents; making necessary repairs
except for normal wear and tear; and others. If the landlord
fails to do this and the tenant is current in his rent,
then a tenant may terminate the tenancy and be relieved
of the rental obligation.
Does the landlord have the right to refuse to rent to
a tenant with bad credit?
Yes.
If the landlord will not fix
conditions that tenants complain about, to whom can the
tenant report? Can the landlord raise the rent or evict
the tenant because a report is made?
Conditions that might
endanger health and safety may be reported to the local
governmental authority. Rent increases or eviction notices
within 90 days after a report is made is presumed to
be a retaliatory act on the part of the landlord and
is unauthorized.
How much notice must a tenant
be given before being subject to eviction proceedings?
It
depends on the reason for the notice to terminate the
tenancy. In most instances a landlord must serve the
tenant with a written notice to quit the premises more
than 20 days prior to the end term of the rental. The
landlord needs no reason to terminate the tenancy in
this situation.
If the tenant has not paid the rent for that particular
term a three-day notice to pay or vacate is all that
is required. The notice must state the amount of rent
owing.
If the claim against the tenant is one for neglect or
failure to keep or perform any conditions of the agreement
a ten-day notice is required. Again, the notice must
state the actions of failed actions by the tenant causing
the notice, so that the tenant can comply with the required
action.
If the tenant permits or commits serious destructive
acts on the property then a three day notice, without
the option to cure the problem, may be given. Gang related
activity, drug related activity, and threats with deadly
weapons resulting in arrest, are some of the actions
that would allow for this kind of notice.
Are there any requirements about how the service of
notice is to take place?
Yes. It should either be personal service upon the person
unlawfully in possession of the property,
OR notice may be left with a person of suitable age
at the premises and a copy sent by mail addressed to
the person unlawfully in possession,
OR a copy of the notice may be attached to a conspicuous
place on the property, for example the front door, and
delivering a copy to a person living there or sending
a copy through the mail to the person unlawfully in possession
of the property.
What if the notice the tenant
receives is for late rent and the tenant offers the amount
to the landlord to come current. Does the landlord have
to accept it?
No. However, if any part is accepted then
the action against the tenant may be dismissed unless
a proper 20 day notice is also given to the tenant.
Can the landlord take all
of the tenant's belongings out of the premises, put it
on the lawn, and change the locks?
Not until the sheriff
evicts the person under a writ of restitution.
What is a writ of restitution
and what happens if it is granted?
That is the order that
directs the Sheriff to deliver possession of the premises
to the landlord. If a writ of restitution is obtained
then the Sheriff will come to the property within ten
days to evict the tenant.
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