Are there situations in which I cannot evict a tenant?
I am on HUD and my landlord just told me he is selling the house I still have six months in the lease. The order shall further provide that if the tenant continues to wrongfully occupy the property beyond such time, the sheriff shall forthwith remove the tenant, taking precautions to guard against damage to the property of the landlord and the tenant. (G) In the event an appeal is taken and the tenant prevails upon appeal, the relief ordered by the appellate court shall be for monetary damages only and shall not restore the tenant to possession if the term of the lease has expired, absent an issue of title, retaliatory eviction, or breach of warranty.
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West West Forms are used by landlords and tenants in to notify the other party that they do not intend to renew their . State-by-State Quick Facts As a reference, there are three kinds of notices: 1.
Rent Increases as Retaliation or Discrimination
An eviction notice, however, is needed if the disagreement cannot be solved and the Landlord wants to end the lease agreement and properly ask the Tenant to leave by a certain date. The illegal Tenant activity must be reported on the blank line in this statement. (A) A person desiring to remove a tenant from residential rental property may apply for such relief to the magistrate court or the circuit court of the county in which such property is located, by verified petition, setting forth the following: (1) That he is the owner or agent of the owner and as such has a right to recover possession of the property; (2) A brief description of the property sufficient to identify it; (3) That the tenant is wrongfully occupying such property in that the tenant is in arrears in the payment of rent, has breached a warranty or a leasehold covenant, or has deliberately or negligently damaged the property or knowingly permitted another person to do so, and describing such arrearage, breach, or act or omission; and (4) A prayer for possession of the property. (B) Previous to the filing of the petition the person shall request from the court the time and place at which the petitioner shall be heard.
If you do not send an eviction notice form, you may not begin the process of kicking out the Tenant. Of note, if you live in California or Kentucky, be sure to check your local housing and landlord-tenant eviction laws for the latest requirements since minimum notice requirements for an eviction notice vary widely in each municipality. With that said, landlord-tenant laws are always changing, and may even vary from county to county. Each of these steps requires using specific forms to notify the Tenant (all of which you should save copies of): Here is a table of the top ten states where eviction notices may be needed.
West Virginia Rental Application
Legal Forms, Inc.Â¢, (USLF), the nations leading legal forms publisher. Having a simple grownup conversation may be the cheapest way to resolve the problem. The hearing is typically held 5 to 10 days after the tenant is served. Use for marketing or solicitation is prohibited. Â®, Â® and Â® are trademarks and units of or its affiliate AdviceCo Ventures Company. If any part of a tract of land which is under lease, or any easement or other interest in such land, is taken under the power of eminent domain, the rent of any tenant of the land shall, unless the lease expressly provide otherwise, be reduced in the proportion which the value of the land or interest taken bears, at the time of such taking, to the total value of the land upon which rent was payable, under the lease.