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A landlord can evict you for ANY reason. But will he win? That's the real question!! Well it works like this: if you file a housing complaint and your landlord evicts you, and you can prove it's because of the complaint, then this is called retaliatory behavior on the part of the landlord, and you can fight the eviction, and most likely win. In many states you can then sue your landlord for damages of up to three months rent abatement, court costs and any attorney fees.
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Where do I go to begin an eviction process for people living in my rental housing?
To begin the eviction process you will need to contact an attorney who specializes in tenant law.
What is an opposition filing during an eviction process?
You're probably referring to an "answer", which is the tenant's response (including counterclaims) to the eviction complaint. If there was a reason the tenant did not pay rent, he would want to list the reason in his answer. He might also file "discovery', where he asks questions of the landlord.
The tenant is making himself unavailable and not opening the door to be served his eviction notice. Will the hearing be postponed because the tenant wasn't able to be served?
Normally, if a recalcitrant tenant is not handed an eviction notice, the landlord can post it on the door. Be aware that in most states the landlord has to complete the steps for eviction.
How much it will cost you to evict a tenant?
There are many factors to consider when calculating the cost of evicting a tenant. In landlord utopia (that is, where you have a tenant who works for the government and drives a Bentley with Gucci seats) the cost of the eviction is technically nothing--you would be awarded a judgment against the tenant for all your costs (if you win your case). The tenant would then have to pay you. Absent a utopian tenant, you will end up with a judgment that can't be collected for years (if ever).These are the costs of eviction* Preparation of eviction summons and complaint*Cost to attend court hearings or cost to hire attorney to represent you in court*Eviction lawsuit filing fee*Trial preparation (if the eviction is contested)*Sheriff's Fee (to evict the tenant)*Lost rent (while the eviction is pending)*Moving and Storage Fees (if the tenant does not object, you must store the tenant's property according to law)I have not put dollar amounts in because they vary from state to state. A landlord's group in your area can give you the specific dollar amounts for eviction in your state. Please see the Related Questions below for more information.
What is the remedy for a retaliatory eviction?
If you believe the eviction was retaliatory, then you must state that as an affirmative defense in your answer to the landlord's complaint for eviction. Since the laws can get quite complicated, I recommend you check with a tenant's rights group in your area for an attorney referral or look in the phone book for attorneys who give "free consultations."
Do tenant have to be evicted from pha because of illegal act of guest?
The eviction of a tenant from a Public Housing Authority (PHA) is typically based on the actions of the tenant themselves, not their guests. If a guest engages in illegal activities, it may be grounds for the tenant to face consequences, such as warnings or potentially termination of their lease, depending on the severity of the situation. However, the specific policies and procedures regarding eviction in relation to illegal acts of guests may vary between different PHAs.
The news last week stated that nycha section 8 tenants are to be evicted because section 8 did not pay section 8's portion of their rent?
It may be that the Housing Autority cancelled the Section 8 contract because of the tenant's breach. In that case, yes, the tenant is simply responsible for all of the rent, and if the tenant does not pay, the landlord should move forward with eviction. But, there is federal regulation saying that the tenant cannot be evicted if the Housing Authority simply stopped paying for some reason that has nothing to do with the tenant, like the housing authoriy's error, or budget problems.
How do you evict a tenant in Massachusetts?
An eviction will cost somewhere in the ball park of $260, but that's if you're doing all the leg work. About $180 for filling a Summary Process Summons and Complaint and $80 to have a sheriff serve a Notice to Quit.
Will eviction go on tenants credit if tenant moves out on the day eviction is filed?
Yes.
Is Section 8 responsible for tenant damage to real property?
HUD and the housing authority are not directly responsible for any damages caused by its client tenants. If the tenant damages property, you have the right to evict him just as you would any other tenant. If you take the tenant to court and win the eviction, the tenant will lose his voucher permanently.
Can you get an eviction notice for your wife?
Any tenant can be served an eviction notice. An eviction notice starts the court process to remove an occupant from the premises. In addition to the court process, a landlord may report the tenant to NoPayTenants.com.
Do evictions hurt obtaining loans?
Evictions are not placed on credit reports. However, if expenses related to an eviction are sent for collections, that will be reported. Also there are tenant screening lists where an eviction can be reported and might create a problem in obtaining future housing.
