depends on how long youv been there, after 6 months you have more right to live there.
2007-06-06 23:56:50
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answer #1
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answered by ben_m_g 4
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The basic short answer is No. ( English law answer )
The only possible exception is if you have what is called an 'excluded tenancy' or a 'licence' to occupy in which case the terms of the agreement are what counts and it is just possible that the landlord will not have to get a court order and can for example change the locks whilst you are out but can not use force to evict you. Examples of excluded tenancies are where you might be sharing some living space with your landlord, holiday accomodation.
Having said all that it is most unlikely that you do not have some basic rights the rights you may have will depend upon various factors, including when the tenancy started, was it for a fixed period of time, has the time run out and then merely continued, etc.etc.
I suggest you look at the tenancy agreement, if you haven't got one ask the landlord to provide you with a copy. Stay calm, walk away if it gets too heated. Eventually the landlord may be able to ask a court for possession if you do not leave but they must do it properly, they can't just throw you out, change the locks, turn off the electric or water. If your problem is that you have fallen into arrears, and that is the only issue between you and the landlord, the court may agree to let you keep your tenancy IF there is a realistic chance that you can pay off the arrears and pay the rent properly in the future.
Go to your local library information desk, ask if they have a copy of 'Renting & Letting' a Community Legal Service pamplet no 4, if not try phoning them on 0845 345 4 345 and to get the best information assemble before hand a note of the facts such as when you moved in, your rent, the difficulties you've experienced, the questions you want to ask and have your pencil ready to take notes. The information line is free except for the cost of your call because it is an 0845 number which is dearer than a local phone call.
Added later: I'll try checking back later to see if you add more details or to see how you are getting on. Could I also respectfully point out to 'the mofo', whose previous answers to various questions suggest he/she is a serving police officer that if you are in a UK police force you should check with your force training dept. about the proceedures you should adopt in such circumstances. It doesn't matter if the tenant has signed a tenancy agreement or not, she still has basic rights which I used to, and you now have to, uphold. She can not be kicked out on her back side. The police have the duty to ensure her rights are preserved, if need be by arresting the landlord for the various criminal offences they would inevitably be committing.
2007-06-07 00:21:00
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answer #2
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answered by on thin ice 5
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In most states a landlord must give you a "notice to quit" (meaning either fix the problem, such as pay the rent, or get out) before an action can be brought in court for eviction. So, the answer is no, the landlord cannot force you to leave without a court order and you will have a chance to tell your side of things at a hearing. If the landlord attempts to lock you out or remove you belongings, call the police and press charges.
2007-06-07 00:07:52
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answer #3
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answered by Anonymous
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It really depends on what your lease says as well as the law of your jurisdiction. The general rule is a notice to quit must be at least the same as the lease term. That means if you are a month to month tenant, the notice to quit must be 30 days.
Do you have a lease? Even if you do not, the law does give certain protections to tenants, but the exact terms really depend on your state and local laws.
Call your local court and ask for the landlord/tenant court. The name may be slightly different, but they should be able to at least point you in the right direction. However, clerks of the court do not give legal advice so they may not be able to give you precise information for your case, but they should be able to tell you who to contact for more help.
I do not know of any jurisdiction that permits self help, in other words, the landlord putting you out without an order of eviction.
Don't let time pass you by. Get the information you need and act on it. And if things are that bad between you and your landlord, you should also be looking for another place to live.
Good luck.
2007-06-07 00:10:40
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answer #4
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answered by CGordo 4
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Depending on your state most of the time a landlord gives a 7 day notice to quit then if they person doesnt move out the landlord would go to court to have you evicted.
2007-06-07 00:48:57
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answer #5
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answered by elaeblue 7
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You are responsible for adhering to the lease whether you know about it or not. - It is not uncommon for folks to either not read their lease or understand it; as a result they break their lease without knowing it. This is still a lease violation subject to eviction proceedings. You are responsible for the actions of your guests and residents on rented/leased property as well as owned property. So, if the complaints came to be as a result of your child's father who was a guest then yes, you are subject to eviction due to his actions. What I would like to know is how you were unaware of the problems. If your child's father is only an occasional visitor, did he stay when you were not staying? If so, how is it that you did not receive the notifications? Is it possible that your child's father has discovered a way to access your apartment when you are not there during your working and child's school hours? Is it possible that the problems are related to a different apartment and the management office has the wrong unit on record? Is it possible that your child's father has had a personal run-in with another tenant on the few occasions that he has been there that has caused that other person to work towards your and his removal? Is it possible that your child's father has some old or current baggage that someone has found out about and has worked to get you both removed from the premises? In most communities, there is a process that one can use to fight wrongful eviction. Is there some sort of land lord tenant organization, low or no fee legal services, or other organization you can turn to in your community to get to the bottom of these allegations? If your child's father is sneaking into your apartment when you are not there, is smoking when he is there with your child, has had the police called on him when in your residence, or is keeping official communications from you then this is important for you to know whether you get to stay or move on. Have you considered seeing if you can get a copy of the police report from the police department? Then again, many leases have some sort of language that addresses over night visitors. Often it is not particularly followed and often it is some what vauge; both leave a lot of management descression as to when and how it is used. It could be said that the child's father is a frequent visitor even at 5 times in 3 months.
2016-04-01 07:34:17
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answer #6
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answered by Brianna 4
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No she can't but, check your contract.
May l ask you some questions pls
1. Have you been a good tenant e.g your contract -paying your rent on time, bills paid, looking after the property?
2. Is the landlord relalated to you?
3. what is you situation? - you can get help from the council
4. Why are you told to move out?
2007-06-07 00:59:47
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answer #7
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answered by chan4rich 2
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No he cannot under any circumstances evict you within 7 days notice without court order even if you did not sign any contract before moving to the house. You are living inthe house by his concern
2007-06-07 00:48:15
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answer #8
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answered by microspatula 2
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In what State? Laws all vary by State, and County..
In CA, if you have been a tenant for less than a year, the Land Owner has a simpler process for eviction, without giving a reason.
If, more than a year, the process gets more involved.
2007-06-07 00:07:33
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answer #9
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answered by Ro40rd 3
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have you a signed contract/tenancy agreement/lease?
go to the Citizens Advice Bureau - they are free and incredibly helpful. Alternatively, go to a solicitor - some give their first hour free.
you can also go to your Local Authority Housing Department. if you become homeless, they have some obligation to look after you. as they will have enough homeless people already, they may help you deal with your landlord.
might be prudent to look for another flat, in due course.
2007-06-07 00:04:06
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answer #10
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answered by feshieyahu 1
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in most states (check yours) landlords must give you a 20 -30 day notice that they no longer want to rent to you. if you do not pay rent they may issue you a "three day pay or vacate" order. if you refuse to comply with either of these they then must file a law suit.
each state is different. since you did not give your state i can't do it for you, but you can just google "landlord tennant act" or renters rights for your state.
2007-06-06 23:59:17
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answer #11
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answered by Anonymous
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