This form is a generic pleading that may be referred to when ousting a tenant who has breached the terms of a lease or rental agreement by a tenant who has stayed (held over) after the term of the lease has expired.
This form is a generic pleading that may be referred to when ousting a tenant who has breached the terms of a lease or rental agreement by a tenant who has stayed (held over) after the term of the lease has expired.
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Constructive evictions occur when a landlord does not physically or legally evict a tenant but takes actions that interfere with the tenant's use and enjoyment of the premises significantly enough to constitute ?eviction in fact.? The doctrine of constructive eviction is based on a breach of the implied covenant of ...
Quiet enjoyment. There is an implied warranty in a lease that the landlord will not interfere with the tenant's quiet enjoyment of the premises. A landlord who harasses a tenant by making unnecessary repairs, or encourages other tenants to disturb the tenant, has breached the tenant's right to quiet enjoyment.
No tenant shall be evicted from a rental unit for any reason unless the tenant has been served with a written notice which meets the requirements of this section. Notices for all reasons other than for nonpayment of rent shall be served upon both the tenant and the Rent Administrator.
If a tenant is in default, the landlord may file a suit for eviction. If successful in this suit, the landlord can repossess the property and evict the tenant. This is known as actual eviction.
If Tenant shall perform all of the covenants and agreements herein required to be performed by Tenant, Tenant shall, subject to the terms of this Lease, at all times during the Lease Term, have peaceful and quiet enjoyment of the Premises against any person claiming by, through or under Landlord.
Eviction Conditions If the tenant, his agent, servant, people claiming under the tenant or anyone residing with the tenant has been found guilty of conduct which is an annoyance or nuisance to the adjoining house, the landlord can recover possession.
Lease: An agreement whereby the owner of real property (i.e., landlord) gives the right of possession to another (i.e., tenant) for a specified period of time (i.e., term) and for a specified consideration (i.e., rent).
Tenancy at sufferance refers to holdover tenants of an expired lease who no longer have the landlord's permission to remain in the property, but who have not yet been evicted.