2006-12-31 18:24:19 · 13 answers · asked by martyboy_04671 1 in Politics & Government ➔ Law & Ethics
There could be different laws for different areas. But in Alabama it has been almost imposable to actually evict someone.
2006-12-31 18:30:59 · answer #1 · answered by Jan J 4 · 0⤊ 0⤋
The Residential Tenancies Act 2004 affords greater security of tenure to tenants. During the three and a half year period the landlord can only terminate the tenancy on specified grounds. Acceptable grounds include the tenant not complying with their obligations (e.g. not paying their rent), the landlord intending to sell the dwelling and the landlord requiring the dwelling for his own occupation or for a family member. However, please note that if a fixed term tenancy exists it cannot under any circumstances be terminated before the expiry of the term, unless the landlord or the tenant is in serious breach of the agreement. Please contact Threshold if you have any query about these rules.
The landlord must also give the tenant written notice of termination. The period of notice will depend on the duration of the tenancy.
Duration of Tenancy ..........................................Notice by Landlord
Less than 6 months ....................28 days
6 or more months but less than 1 year .............35 days
1 year or more but less than 2 years .................2 days
2 years or more but less than 3 years ..............56 days
3 years or more but less than 4 years ..............84 days
4 or more years ...................112 days
Landlords cannot forcibly remove tenants. In order to evict a tenant, a landlord must first bring an “Eviction Action,” or what used to be called “Unlawful Detainer” action against the tenant. This is a legal proceeding conducted in district court. To bring such an action the landlord must have a legitimate reason. According to state law, legitimate reasons can be nonpayment of rent, other breach of the lease, or cases where the tenant has refused to leave after notice to vacate has been properly served and the tenancy’s last day has passed. In general, if a tenant does not pay rent on the day it is due, the landlord may immediately bring an Eviction Action, unless the lease provides otherwise.
With proper written notice a landlord can end a month-to-month tenancy unless the landlord is limiting a tenant’s right to call the police for emergency assistance, or retaliating or discriminating against the tenant. Definite term leases can only be ended according to the notice specified in the lease, or if there has been a significant breach of the lease and the lease allows eviction for breach.
2006-12-31 18:40:06 · answer #2 · answered by Zabe 3 · 0⤊ 0⤋
Well, depending on your state, he has to serve you with an eviction notice. Either a 30 day,60 day, or a 3 days pay or quit notice. If you have not paid the rent that is due... calling a lawyer would not do you any good.
2006-12-31 18:30:42 · answer #3 · answered by jade_143 3 · 0⤊ 0⤋
They have to serve you a notice and go through the legal channels. They can't just lock you out.
You can call a lawyer, but you could also call the police (non-emergency). They can inform the landlord that you have the right to be served a notice and that they must go through legal means to evict you.
2006-12-31 18:34:43 · answer #4 · answered by CrazyChick 7 · 0⤊ 0⤋
In most states, you cannot be evicted without first receiving 30 days notice. Depending on the cause you may be able to reciprocate IE: living conditions etc. However, if you are at fault; delinquent on rent etc, then you should prepare to pack your bags in the coming days.
2006-12-31 18:30:52 · answer #5 · answered by "why so serious?" 2 · 0⤊ 0⤋
You have to see why he did it....
did you pay rent? if you are late more than onemonth you may not win this... he should've though no matter what given you a notice b/c he cant kick you out without a lawyer....
you should really talk to him/her and see why is he doing it and if you already know why then you have to see ifyou are wrong or not...if not then you can go talk to him and tell him to giv eyou notice or you will talk to your lawyer...that will scare him/her...
EDIT!
ps: if you live in the house more than 6 yrs then he cant kick you out anymore... you guys have to come to an agreement...
2006-12-31 18:32:58 · answer #6 · answered by Cutie77 3 · 0⤊ 0⤋
They have to give you some notice, in writing. Usually 30 days, but sometimes they can give a 3 day. Has to be on paper, and in some states they have to get it signed by a judge first.
2006-12-31 18:29:37 · answer #7 · answered by barbara m 5 · 0⤊ 0⤋
All states have a Landlord Tennant law... go to your local court clerk and get a copy. He MUST follow the procedure or he is in violation. Many landlords have no idea what the law is, and they make up their own... stick a copy of the law under his/her door... You have rights but you have to know what they are.
2006-12-31 19:13:00 · answer #8 · answered by Gunny T 6 · 0⤊ 0⤋
It depends on what state you're in, but they must give you some written notice and they have to go to court. I'd call a lawyer just in case.
2006-12-31 18:31:23 · answer #9 · answered by Crystal S 4 · 0⤊ 0⤋
i think they have to give you at least 1 month notice
2006-12-31 18:33:42 · answer #10 · answered by short fat white girl 3 · 0⤊ 0⤋