FAQ

How can I get out of my lease without having eviction on my record?
With good cause, of course—provided you have it. What is the reason you want to terminate your lease early?Regardless, early termination is only ground for an eviction suit, it’s not a guarantee that your landlord will win. If filed, you will still have every opportunity to argue against eviction.Even without good cause, a judge may defer eviction in lieu of a payoff arrangement with your landlord.These are your only two options if a suit is filed, but, you can always try to find a replacement tenant…
How long does it take to receive an eviction notice in florida?
The answer depends on what county you live in and your landlord.. However, in general it happens pretty fast in Florida if the landlord is motivated to get you out. Where I live, if I am on top of filing all the forms on a timely basis (which all good landlords are), 24 days after your rent payment is due I can get a sheriff to execute a writ of possession. Basically that means 2 officers will show up at your door, remove you by force if necessary, and stand guard while a locksmith changes the lock so you’ll never get back in.Oh, and you aren’t getting back your security deposit or the crap that’s in your apartment when the sheriff shows up.And I can sue you for costs in small claims court if I feel like it.And your eviction is part of a public records background check so you’ll have trouble renting at nice places for several years. Landlords rank people who don’t pay rent lower than criminals.
Can my dad kick me out without an eviction notice?
Only tenants get eviction notices. Depending upon the laws in your area, your parents are only required to support you to a certain age. Beyond that point, if they no longer wish to do so, you can be kicked out like any other trespassers.It's a shame when a family comes to this stage. But if this is where your family relationship is at, then you need to make a decision: are you better off living with your parents or not? If you are better off living with your parents, then you need to change the behaviours that they find unacceptable until such time as you can afford to move out and live independently.
Can you get an eviction notice without having a lease agreement?
You don't mention where you are living, and the answer to this question is dependent on your local / state laws.However I will answer in a general sense using my state’s laws, and I encourage you to look up your local laws or speak to local legal council familiar with real estate so you are best protected.Where I am located, yes, you can be served eviction papers if you have no written lease agreement. You don't just get to squat somewhere in someone else's property for as long as you want, sorry.The timeline on how quickly that eviction paperwork can be filed is based on how often you typically pay your rent, as this exchange of money creates a sort of verbal lease agreement.Do you pay your rent weekly? Bi-weekly? Monthly? Can the landlord show that you typically give him weekly rent, but for the past month you haven't paid, and refuse to leave? Then yes, he can file an eviction for non-payment, and you will receive a form letter from your local clerk of court explaining your rights in the matter, which should include having a chance to write a letter to the court explaining the situation. This letter may grant you a hearing before a judge, which you would have to attend and tell your story in order to convince the judge not to evict you.Anywho, again, look up your local “Landlord Tenant Act”, and if possible, look for council who is versed in real estate.
How long can someone go without paying rent before an eviction notice?
In WA a landlord isn't required to give any grace period but in practice we usually give four or five days. If you are late, the first thing we do is sent you a Notice Of Late Payment with the section from your lease about late payment and the late payment fee (which for us is 10% plus $15/day). If we don't heard from you, we serve a 3 Day Pay Or Vacate Notice, which costs you another $250 or cost of service, which ever is greater. After the three days, if we haven't been paid, then we file an unlawful detainer action (AKA eviction). Then the costs can become thousands.Here's the key, we could serve you a 3 Day Pay Or Vacate Notice on the first of the month. Contrary to popular belief, most landlords are good and reasonable people and don't want to evict somebody. In fact, we maintain a list of about seventy non-profits that may be able to help renters who can't pay. WA State also has a great service where if you dial 211 they can put you through to services that may help.A big issue, if you are not able to pay, is to communicate with your landlord or property manager. There is nothing worse than sticking your head in the sand and ignoring the problem as we have to go through the eviction process.Of course, other jurisdictions have different laws on residential landlord tenant law.
Can a landlord evict someone for no reason and have a bogus PFA lodge against them just to get them out without any notice, and put a lease in someone else’s name?
Disclaimer: I’m not a lawyer, so this isn’t legal advice. For that, you need a lawyer.Short answer: Yes.Longer answer: Yes.Can a landlord evict someone for no reason? No. The lawyer and the tenant are both bound by the provisions of the lease. However, the landlord is under no obligation to renew a lease. And if the lease has gone to a month-to-month arrangement, then the landlord can notify the tenant that the tenant must be out within 30 days (or in whatever time frame, including notice, is specified in the lease). That’s not an eviction, though. An eviction is a specific legal procedure. It is unlikely that a judge would grant an eviction “for no reason.” If a judge has issued a PFA, then there’s certainly a reason for the removal of the tenant.“…and have a bogus [I assume you’re referring to “protection from abuse”] PFA lodge[d] against them.” Can a landlord do that? Yes. I’m sure that PFAs unsupported by facts or history have been granted. Probably not often, but sometimes.“…and put a lease in someone else’s name”? Yes. After the previous tenant is evicted or removed, what are the landlord’s options? Leave the unit empty? Not a realistic or understandable prospect. Sell the property? Again, not a realistic prospect. Rent it out to a new tenant or allow the other tenant to sign a lease? Yes. That’s the action that makes sense.Time for some straight talk: Hopefully, you had a lawyer when the PFA was filed against you. Consult with that lawyer. But you’ve had your day in court, and you lost. Beyond that, the landlord would be exposed to huge liability if he/she failed to act on a PFA. You can argue whether or not it’s “bogus,” but it exists. The person who filed the PFA wants protection from you. The landlord wants to comply with the court order. And the judge expects compliance with the PFA. You have virtually no chance of “winning.” Time to move on with your life.
What happens if a room partner wants to break lease and move out without much prior notice? How it will impact other people in lease?
This assumes all three are on the lease:Those who remain will have to pick up the slack and pay for the lease. Sometimes leaving room mates is unavoidable, but the one who leaves has an ethical financial responsibility to the 2 who remain and a legal one to the landlord.A court might determine after the fact that the legal responsibility applies to the 2 deserted room mates, too. One exception to this could be if the 2 who remain caused the 3rd to leave.Regardless, the landlord is not going to accept 2/3 of the rent and will evict the 2 remaining if they can’t pay the rent. He will then probably sue all 3 in court if the rent is not paid in full. So it is to the 3rd party’s advantage to do the right thing here.All three should try as hard as they can to find an eligible and agreeable room mate to take the 3rd’s place as soon as possible. And the 3rd should share in the rent expense until the new room mate is found.
In Florida, can a landlord enter the home without notice if it's been included in the lease paperwork?
Overview of Landlord-Tenant Laws in FloridaQuote from above link: “…restrictions on landlord’s right to access rental property (Florida landlords must provide 12 hours’ notice of entry)…”That’s the law, regardless of what the landlord or lease might say.I know how long leases can be, and even as a landlord my eyes would glaze over trying to read some of the clauses in a boiler-plate lease, but your best protection is to read the lease completely and understand what you’re getting yourself into.Not all landlords are money-grasping sleazebags. The ones who are, though, can be really bad. (my personal opinion of “those kind” is their dishonesty is usually because it’s the only way they can make any money due to their incompetence.)A tenant’s best protection is to arm his/herself with the knowledge of what is legal, and what the lease documents says.
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