Non-payment of rent:
The landlord must inform the tenant in writing that full rent is due
by a specific deadline or the lease will be terminated.
If the landlord refuses to take full payment and the tenant can
prove it, the eviction may be challenged in court. After the deadline,
the landlord doesn't have to accept payment.
Other tenant violations:
The landlord must inform the tenant in writing of the supposed
violation. The tenant must have ample time to correct the problem. If
the tenant does nothing to correct it, the landlord may evict. This
includes such issues as excessive noise, not maintaining the unit or grounds -
being a public nuisance.
If the landlord doesn't extend an expired lease and the tenant refuses
to leave, the landlord may evict. The tenant must be given written
notice. This is called a HOLDOVER TENANT. Many leases contain HOLDOVER
tenant clause- such as rent increase or penalty.
When a tenant rents month to month without a lease, a landlord needs
only to give written notice (usually 30 days) to terminate the lease.
If the tenant does not leave at the end of that time, the landlord can
evict. See HOLDOVER TENANT.
TENANT PROTECTION: To protect the tenant's
rights, the tenant should copy all documents.
Get a receipt for all cash transactions with the landlord or his management. Canceled
checks and money orders are good proof of payments.
If the court orders you evicted, you might postpone
eviction if you have a good reason. The judge may consider hardships, such as
young children or a sick or elderly family member, in setting the eviction date. Don't
count on it.
You may file a request for an "extension of time" if
hardships keep you from making the deadline. Typically moving a child
out of school, loss of job etc may qualify to avoid evictions. BE
MUST HAVE PLAN OF ACTION.
Withhold rent: The law in most jurisdictions requires the tenant to inform the
landlord in writing that they intend to withhold rent if a
specific problem isn't solved by a certain date. Tenants must give the
landlord reasonable time to comply with their requests. The tenant must also make sure the landlord or his
contractor has access to fix the problem.