Tenants Frequently Asked Questions
One of your important tenant’s rights is to a habitable residence. This means that the home must be safe to live in, without dangerous conditions
and with usable heat, utilities, and water. Your landlord is required to make any necessary repairs to keep your unit in reasonable condition while
you live there.
Can a landlord kick me out without a reason, and how much notice should I be given?
Your landlord can’t evict you during the fixed term of
a tenancy unless you breach a term in the tenancy agreement, such as not paying rent or damaging the property, unless there is a break clause in
If you rent a property without a written lease, you are a tenant at will. You have several protected rights as guaranteed for all renters by your
state laws. Having no lease also may benefit you in certain situations. Your status as a tenant at will generally affects the length of notice required
for various actions.
There are no strict legal definitions for the term uninhabitable living conditions. Generally speaking it is some condition that makes the living in
a home or premises impossible. Aesthetics such as an ugly paint color or worn carpet generally do not render a property unihabitable.
If the tenant refuses to leave after the eviction notice has been served then he or she will be forcibly removed from the premises. There is
nothing the landlord needs to do. … But a landlord can issue a â€oetermination noticeâ€ or a â€oenotice to vacateâ€ or similar notices to the tenant
pursuant to the terms of the lease.
Landlords can’t just lock you out, even if you are behind on rent. They must get a court judgment first. Your landlord can’t evict you without terminating the tenancy first. … Each state has its own procedures as to how termination notices and eviction papers must be written and delivered to the tenant (“served”).
A 3-day notice does not mean you will be kicked out in 3 days. An eviction process can take 2-3 months or longer. Typically you will not
receive a 3-day notice until you are at least 30 days past due, so at the time of receipt you would owe at least 2 months rent.
Even if the lease says you’re taking the property as is and the landlord has no obligation to make repairs, those terms are invalid. A lease cannot
override the law. If the landlord doesn’t maintain a livable a rental, you have grounds to sue. It’s probably easier to sue over habitability than