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While eviction laws vary by region, most state and local legislation mirrors the Uniform Residential Landlord and Tenant Act (URLTA) or the Model Residential Landlord-Tenant Code. [2] Eviction procedures are also regulated by common law—law based on legal precedents, rather than formal statutes. [2]
In American landlord–tenant law, a retaliatory eviction is a substantive defense and affirmative cause of action that can be used by a tenant against a landlord.If a tenant reports sanitary violations or violations of minimum housing standards, the landlord cannot evict the tenant in retaliation for reporting the poor housing conditions.
In property law, the American rule of possession states that a landlord is obligated only to deliver legal possession, but not actual possession, of a leased premises to a tenant. Thus, if a tenant arrives at a leased premises only to discover that it is still inhabited by a previous tenant who is holding over, or by squatters, it is the tenant ...
According to New York law, landlords require court intervention in order to evict a tenant who refuses to pay rent. That means New York landlords may have to hire a lawyer and go through a lengthy ...
In landlord–tenant law, a notice to cure or quit is issued by a landlord when a tenant performs actions in violation of a lease. The notice gives a tenant the option of either fixing the offending problem or vacating the rental property. If the tenant continues performing the action(s) and does not move out, they can be evicted. [1]
Evictions and landlord-tenant cases are civil cases. The theoretical expansion of right to counsel to civil cases was at one time known as "Civil Gideon," after Gideon v. Wainwright , which established the right to an appointed lawyer in criminal cases for defendants who cannot afford one, [ 12 ] but advocates have moved away from that term in ...
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