How do you evict a month to month tenant if the rental was illegal to begin with?
You do it the same way you would evict a legal tenant, by filing a dispossession action in your local civil court.Whether the tenancy was “illegal” is irrelevant unless it is raised as a defense to your action.Generally, courts will not enforce illegal agreements so if you are seeking rent arrears or other money owed you may be out of luck. But courts will enforce the right of a property owner to evict anyone who does not have the legal right to occupy their property.Assuming you are suing for possession only, and not for money, the court should award you possession of the premises provided you complied with all notice requirements and other requirements of law.Always consult with an attorney when considering any eviction action, but especially if you believe the tenancy may be illegal.
How do you evict the adult child of a tenant who died while the lease was month to month?
With compassion. They lost their parent and are likely grieving. You don't need to let them stay rent-free, but you should consider their situation.Are they paying the rent and following the rules? Then you might want to let them stay. You could even draw up a rental agreement or a new lease.Are they not following the rules, but paying the rent? Talk to them and let them know that they're bound by the rules their parent agreed to. Give them a chance to correct the problem.Are they not paying the rent or refuse to follow the rules after your warning? Then start the eviction process just as you would any other tenant.However, be nice about it. Give them a chance to catch up the rent or at least move out willingly so you don't screw their credit up. They've been through a lot, so treating them like a human would be appropriate in this case. You don't want to let them take advantage of you, but you should at least give them a chance.
Can I evict a tenant in AL for violating a month-to-month lease when the other owner in the joint tenancy wants him to stay?
Certainly.Any member of the “Landlord” side of the agreement may enforce their rights as the landlord — it doesn’t require unanimity. Give a “cure or quit”* notice to the tenant and if they don’t correct it, pursue the legal process to evict.If the other owner gives the tenant opposite instructions, that would be interesting.Sounds like the two owners need to agree on their purpose for renting the property and who is in-charge.*A typical breach is failure to pay, which would earn the tenant a “Notice to Pay or Quit,” but your question does not mention the specific breach.
If you're a landlord in California, what's to stop you from evicting a tenant by raising the rent on a month-to-month lease?
bottom line, if no lease exists or if a lease exists (even if expired) but does not specifically address rent increases, according to state law a landlord can only increase the rent by a percentage of the total rent charged, and depending on what the amount of the increase is the landlord must give the tenant either thirty or sixty days written notice of that increase. and then even if the renter defaults and stops paying rent, the eviction process can take many months. this is a simplistic answer. if i recall correctly there's specific information available on the state’s website. in short, in some circumstances it may be possible to pursue this path, but it would likely take quite some time to remove the tenant from the property because state law tends to favor tenant’s rights and because it permits only small increases in rent (a landlord charging, say, $1000 a month in rent could not simply increase that rent to $2500+ a month in an attempt to get the tenant to leave the property).
Is it true that, in NYC, it can take months to evict a tenant?
I am not a lawyer, but from what I’ve heard of landlord-tenant law in cities that have tenant protections and busy court dockets, that’s possible if a tenant makes use of all their counterclaims and appeals.Some legal aid attorneys in San Jose mentioned recently that over 90% of tenants served with eviction papers moved by the deadline without trying to contest. The landlord horror stories of “it took months to get them out and they weren’t paying rent” are few and far between. Even if a court orders the tenant to pay the disputed rent, if the tenant truly doesn’t have the money, having that court order doesn’t make the money appear.
If the prime tenant (on a-month-to-month arrangement) is being evicted, can the prime tenant still evict the subtenants?
It should be in the lease that any one living there Must be on the lease. If not they broke the lease and you could take legal action but that costs money. Hopefully everyone will leave when the lease signer leaves. Hopefully. In Maryland I have witnessed the people hired to remove tenants and objects out of the home with sherriff's supervision put an old lady in a hospital bed out on the curb. Yes they did
What is the simplest way to evict a roomate? I'm the master tenant and he is on a month to month lease.
Evicting is a legal procedure that you preform when someone breaks the lease and you need restitution. Unless you have the clause “don’t be an overbearing, entitled jerk in my absence” in your lease, you can not evict him…. yet.You need to inform him in writing that you are not going to continue the lease, normaly you need to give him one term notice (this would be a month for a month to month lease), note that this is a FULL calendar month, not 30 days, so if you tell him November 29th, you can say that December 31 is his last day, but if you tell him December 2, then his last day in January 31st.If he does not leave after that letter has been delivered and the time period has expires, THEN you can go to the county court and evict him, you should bring the original lease, the letter and proof he received the letter… I suggest bringing a lawyer too… but that is me.Oh.. if you have rent control (ie SF, NYC or certain cities.. all bets are off, call a lawyer)Last note: If you have not been there, honestly you do not know how he acted.. you just know how other people think he acted. I strongly suggest that you talk to him about the things you heard about, perhaps have a meeting of ALL the people there and sort out the interpersonal issues before kicking someone on the street.
Can a month-to-month tenant in New York State be evicted by the prime tenant who has a life estate, but does not own the house?
Any occupant of real property can be evicted by the lawful owner or tenant.No one other than the lawful owner or tenant can evict someone.But there would be no need to evict a “month-to-month tenant” since the tenancy can be terminated by serving a 30 day notice. If notice is served, and 30 days has elapsed, then the tenant is called a “holdover tenant” not a “month-to-month” tenant.