We are trying to evict a tenant for non-payment of rent, but understand we cannot file for a Writ until we file a Motion for Relief from Stay even though he filed for bankruptcy before signing our lease. Is this correct, and where/how can we file for this motion?
Unless you as the landlord secured a writ of possession from the state court prior to the filing of the tenant's bankruptcy petition, you will be required to file a motion for an order for relief from the automatic stay from the bankruptcy court. From the date of the filing of the motion, it will...Read more »
Look at the rental agreement or lease you signed, read what it states about paying for utilities and follow the written document that you have. I don't understand why you would be paying for his electricity so I cant figure out what the agreement-if any-you have with the landlord.
You can always ask the landlord to extend. If the eviction is not court ordered then they must evict you through the courts, which will take about 14-30 days to get the hearing date, the court may also allow you to pay the amount due plus costs and void the eviction.
Was there anything in writing evidencing that it was a month to month rental? Be very careful with security deposits, the courts do not like it when they are not given back, and not giving it back can result in attorney fees and damages against you for not doing so without proper legal grounds.
If in fact, as you state, she has a month to month tenancy, then you have to give her 30 days notice to quit the apartment. These cases are tricky, if she won't leave, you should hire an landlord tenant attorney. attorney Brian Shaughnessy is the attorney I use to evict my own tenants. He is one...Read more »
I gave notice that I would move out by March 10th, but returned the keys to the landlady on February 25th. She acknowledged receipt of the keys, but has not returned my security deposit not a list of repairs that will prevent it from being returned. She has also been minimally responsive when I... Read more »
What are the reason(s) the landlord stated for having to go into your apartment? Check your Lease to see what the conditions are for him to do so, most leases contain a clause that they can enter in emergency situations. If it was not an emergency you should call the police and file a report,...Read more »
My daughter is living in a college dorm and there is an intercom system in the building. Each room has a ceiling speaker that is very very loud. The speaker comes on every night and a scary clicking sound like a horror movie comes on. You also hear people talking in the background and sometimes... Read more »
Yes, you most likely could. All lessees of real estate, including students in dorms, have a right to the quiet enjoyment of their residences.
Now, as a practical matter lawsuits are very expensive. It could easily cost $2,000 just to file such a lawsuit. If it went all the way to trial,...Read more »
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