So if she submitted an incorrect copy of the eviction notice is that enough to have the case dismissed. Due to the retaliatory nature of the original notice, they served us in a fit of anger and a obviously did not make their own copy but instead tried to duplicate the one we received.
It sounds as if you may have a valid defense. If you want to be sure, review it all with a local landlord-tenant attorney. If they are convinced, they might represent you on a contingency wherein they would defend you without further charge to you. Rather they would rely upon collecting their...Read more »
Asking the same question today as yesterday doesn't change the answer. The notice being relied upon must be attached to the Complaint when it is filed. If that notice was not actually served on the tenant, it may be a complete defense at trial. BUT if there has already been a trial or if the...Read more »
When a landlord files for eviction, they must attach a copy of any Notice being relied upon to justify the eviction. Landlords may, however, serve more than one notice at any point in time so IF the notice he attached to the Complaint was never served on you that could be grounds for your winning...Read more »
Those are not legally recognized grounds to terminate your tenancy and evict you. WHY that is happening may or may not be adequate grounds but regardless, before being able to go to court to evict you, she will have to serve you with a written notice telling you why she is terminating your tenancy.
There is not enough information here to be able to tell you much. Normally rent cannot be raised during the term of a fixed-term rental agreement but can at the end of the rental term. If, however, you are on a month to month tenancy, rent can be raised with at least 90 days advanced written...Read more »
I live at my aunts property in a mother in law house there is no rental agreement and we have no verbal agreement to pay rent she said she will be giving me a 72 hour notice for non payment can she do that or does she have to give me a 30/60 day notice
Have you ever paid her any rent? If not, she will likely have a very difficult time trying to have a court evict you. Further, a 72 hr notice must specify exactly how much rent you owe - and how does she determine that if there is no agreement on the topic? You don't say how long you have been...Read more »
The property is in Tidewater, OR. There is no specification in the lease regarding pest control. We have told the tenant that utilizing a self-applied wasp insecticide from a hardware store should be an effective remedy since it is only one nest, & he has refused to do that. We are in Utah, so... Read more »
It is a landlord's legal duty to keep the "[b]uildings, grounds and appurtenances at the time of the commencement of the rental agreement in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and...Read more »
I live in Oregon I’ve lived at my aunts house in a mother in law apartment attactched to the shop I’ve lived here for 2.5 years no rental agreement she texted me saying I needed to move out is she required to give me a 30/60+ day notice even without a rental agreement ? Also is her text message... Read more »
It depends upon how precise you are being. IF you truly mean that there is no rental agreement and you don't pay rent but are essentially a guest being asked to leave, no notice to you is required but she would need to ask the court to eject you - and that process can take several months once filed...Read more »
If you have been there for more than a year, a no-cause termination of tenancy notice for a month to month tenancy involving a residency on property different than the landlord's own primary residence must provide at least 90 days advanced written notice (NOT email, text message, voicemail, etc.)...Read more »
I live in a townhouse apartment with over 20 units. I was giving a prescription for a wheelchair. Can I force my landlord to install a ramp at their expense, so I can get the chair in and out of my home?
You can request the modification to your home to accommodate your new needs. However you will be responsible for both the cost of building/installing the modifications and for the cost, when you vacate, of restoring the home to it's pre-modification condition.
I am unclear what you are exactly asking or what you even are referring to re "w/o contract attached". Verbal rental agreements are perfectly legal for month to month tenancies though it can be difficult to prove the exact agreed upon terms when it is only verbal. Nor is it clear what you mean by...Read more »
It may depend upon the exact circumstances and the buyer's form of financing needs but the general rule is the landlord must wait until he has accepted an offer and then provide a month to month tenant with at least 90 days prior written notice, as well as copies of the sales paperwork. Do note...Read more »
How might a tenant Claim in court the Rule is Not applied to All tenants? Landlord Acknowledged on multiple occasions that Another Tenant also violates said rule but has not been required to comply or Vacate.
Generally you don't. You and your landlord can enforce the terms of your rental agreement. You have no authority to intervene in an agreement between the landlord and another tenant if you are not a party to that agreement.
No advanced notice from a landlord is required in order for them to enter a common area. Notice is only required to enter an area where a tenant has the right to exclude others. Since it is a common area, no specific tenant has the exclusive right to exclude from a common area.
Assuming her doctor is willing to "prescribe" an emotional support animal, and will give her a letter saying that, her landlord has nothing to say about it and is required by law to allow it and may not charge her anything extra for a security deposit, "pet rent", or any other charge because of the...Read more »
It all depends upon the exact details and where you are procedural-wise in the process. Your reference to a Declaration of Non-Compliance suggests this already went to court; you and the landlord reached an Agreement which the court accepted; and now the landlord alleges you have not complied with...Read more »
Gave notice to vacate 5 months ago. Since then, PM company brings prospective tenants thru w/24 hr notice. A month ago, I was advised for the 5th time a prospective tenant wanted to view. I informed PM that I was at home recovering from major surgery and would be bedbound. They ignored my email,... Read more »
You were free to deny them entry anytime you wished - even after they were there. You simply tell them to leave and if they do not, you call the police. If the enter despite your telling them no, you may be entitled to recover a month's rent for each such unlawful entry. But do understand that...Read more »
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