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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]
The tenant may have moved out most of their furniture and intend to return to pick up the last few things and clean up the apartment before turning in the keys. Landlords believing the tenant has vacated the premises may come in ahead of the tenant, remove the remaining property, and attempt to charge the tenant for the "mess" they left. To ...
Constructive eviction is a circumstance where a tenant's use of the property is so significantly impeded by actions under the landlord's authority that the tenant has no alternative but to vacate the premises. [1] The doctrine applies when a landlord of real property has acted in a way that renders the property uninhabitable. Constructive ...
Eviction in the United States refers to the pattern of tenant removal by landlords in the United States. [1] In an eviction process, landlords forcibly remove tenants from their place of residence and reclaim the property. [2] Landlords may decide to evict tenants who have failed to pay rent, violated lease terms, or possess an expired lease. [1]
Eviction normally takes the form of a lawsuit, requiring an initial notice to a tenant, followed by court proceedings in which the tenant may contest the eviction and potentially file a counter-claim.At the conclusion of the eviction process, if the landlord prevails, the court will issue an order that the property be restored to the possession ...
If the tenant is on a fixed term tenancy and their lease is coming to an end, a landlord will be required to give them a valid notice to vacate. The period of this notice varies from state to state. If the tenant will not cooperate with the parameters of an eviction notice, application is made to the Tenancy Tribunal for possession of the property.
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