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Landlord & Tenant


How can I evict a tenant for non-payment of rent?

You must serve the tenant with a Three-Day Notice for Nonpayment of Rent. You may pick up an eviction package, which includes all forms and instructions, from any local courthouse for free or for a nominal fee.

How can I evict a tenant who has a lease?

A tenant and/or landlord may terminate a lease by giving written notice to the other as follows: At least sixty (60) days notice by the terminating party prior to the end lease date for a year-to-year lease, at least thirty (30) days notice by the terminating party prior to the quarter’s end on a quarter-to-quarter lease, at least fifteen (15) days notice by the terminating party prior to the month’s end on a month-to-month lease, and at least seven (7) days notice by the terminating party to the other on a week-to-week tenancy. If a landlord wants to evict a tenant with a lease, there must be cause, such as the lease restrictions have been breached. However, eviction may be dependent upon the severity of the breach, The tenant must be given 7 days written notice to cure the breach if the breach can be cured.

I evicted my tenant and put up a 3-Day Notice, but he/she won’t leave. What should I do now?

You must file an eviction complaint with the county court that has jurisdiction over the location of the premises. Again, you may pick up a complete eviction package from your local courthouse. However, you will need to attach a copy of the Three-Day Notice and lease agreement (if any) to your eviction complaint.

Does my landlord have to give me back my security deposit when I leave the apartment/house?

If the landlord does not intend to impose a claim on the security deposit, the landlord had 15 days to return the security deposit together with interest, if otherwise required. If the landlord does intend to impose a claim, he has 30 days to give the tenant written notice by certified mail to the tenant's last known mailing address that he intents to impose a claim on the deposit and the reason for imposing the claim. If the landlord fails to give the required notice within 30-day period, he forfeits the right to impose a chain upon the security deposit.
If you fail to object to the imposition of the landlord's claim or the amount thereof within 15 days after receipt of the landlord's notice of intention to impose claim, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to you within 30 days after the date of the notice of intention to impose a claim for damages.


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My landlord will not fix problems in my apartment/house. Can I withhold rent?

The landlord has an obligation to comply with the requirements of applicable building, housing and health codes. If the landlord fails to comply with these laws or with material provisions of the rental agreement within seven (7) days after delivery of written notice by you specifying the noncompliance and indicating your intention to terminate the rental agreement by reason thereof, you may terminate the rental agreement. If the failure to maintain is due to causes beyond the landlord’s control and the landlord has made and continues to make every reasonable effort to correct the failure to comply, the rental agreement may be terminated or altered by the parties or the Court may hold that the landlord’s failure to comply renders the dwelling unit uninhabitable and permits you to vacate. You are not liable for rent during the period the dwelling unit remains uninhabitable.


My landlord raised the rent without telling me. Is this legal?

It depends. If you have a lease with a fixed amount of rent, the rent may not be raised during that tenancy period. However, if you have no lease, the landlord may raise the rent, but must provide you with the amount of notice required for that particular type of tenancy. See Q. 2.

My landlord has evicted me. Do I have to leave?

If you have been served with a writ of possesion you only have to actually leave if the sheriff shows up. While the landlord can notice you of his/her intention to evict you, only the court can issue an order to a sheriff to physically evict you. You should consult an attorney if you are served with eviction notice and you want to contest it, but even if you contest the eviction, you must still deposit your rent payments with the court depository or file a motion to determine rent, and you must continue to pay such rent into the court registry until the matter is decided by the court.

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