Many tenants file a common disputed in eviction case, and here are some tips to make your case stronger. In this article, we will discuss common disputed in eviction cases: Breach of the lease, nonpayment of rent, letting an unauthorized person live on the premises, and rent control ordinances. Below, we’ll look at some other common disputed in eviction cases.
Breach of lease
If you have been served with an eviction notice, you may want to contact a lawyer to discuss your rights and how to fight the eviction. In many states, landlords are allowed to use reasonable force to evict tenants. While landlords cannot accept surrender, they can hold tenants responsible for the terms of their lease. If the tenant abandons the property, he is in violation of his lease obligation to pay rent.
A disputed lease is a common reason for eviction. Some landlords are legally entitled to withhold the security deposit, but they can only do so for specific reasons. For example, landlords may evict tenants if they fail to pay rent on time, or if they are causing a disturbance to the property. Another legal concept is “constructive eviction,” which is when the landlord interferes with the tenant’s use of the property. Examples include a collapsed roof or an absence of heat during the winter.
Nonpayment of rent
If you owe rent, you can dispute the eviction with your landlord. You may be able to obtain a written commitment from your local government or nonprofit agency. You must submit the written commitment to the court on or before the return date. This commitment will make the landlord wait until you pay the rent in full. If you pay the rent on time, the landlord will dismiss the eviction case.
If the landlord claims that a tenant owes rent, he can take action to collect that debt. He can also request a warrant of eviction, which allows the city marshal to evict the tenant from his/her residence. However, if the tenant pays the money judgment in full on time, the landlord cannot evict him/her.
Allowing unauthorized persons to live on the premises
Evictions are often contested, but there are ways to protect yourself. The first step is to hire an eviction attorney. An attorney can help you prepare for court, help you understand what your landlord is claiming, and protect your rights. Listed below are some tips for defending yourself in court. Use the following sample answer as a model. It may be helpful in your eviction case.
Rent control ordinances
Several laws regarding landlord-tenant relations are commonly disputed in eviction cases. One of these is the Rent Control Ordinance. This law governs the manner in which landlords can evict tenants. While Los Angeles requires that landlords keep security deposits in a separate bank account, other cities and states require that landlords keep them in a federally insured bank account. Whether a landlord or tenant can evict a tenant depends on whether the landlord can prove that the rent increase is unconscionable.
The law can be complex. Each jurisdiction has its own rent control ordinance. While many have similar restrictions, some have exceptions, such as exempting luxury units. Rent control ordinances generally come in two forms, “vacancy decontrol” which protects current tenants when they move out, and “vacancy control” which regulates rent in the long run. However, landlords may not include conversion costs in their hardship increases.