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The tenant may sue the landlord for damages sustained as a result of the breach. If a landlord fails to maintain a leased residence in a livable condition, the tenant may be able to vacate the premises and terminate the lease under the theory of "constructive eviction."
Instead, it is harm that's committed on purpose, by accident or through neglect that affects the normal function or usefulness of the property. Examples of tenant damage can include anything from a broken toilet seat to a smashed mirror, missing door handles, holes or dents in walls, or carpets soaked with pet urine.
See Part 2 for more information and advice on how to resolve problems with your tenant without needing to go to court.Stage 1: Serve a notice of seeking or requiring possession.Stage 2: Make a possession claim.Stage 3: Before the hearing.Stage 4: Attend the possession hearing.Stage 5: Apply for a Warrant of Possession.More items...?
The landlord must give the tenant notice and go through the court process to get an Eviction Order.
Generally, a landlord has up to 4 to 6 years to sue for damages as long as they have proof of the damage incurred by the tenant and records of the cost of repairs. This may vary from state to state, however, so it's essential to check with your individual state and local laws.
During the 45 days after you move out, the landlord can use all or part of the deposit for damages that you caused to the property, as long as the damages are not "reasonable wear and tear." For instance, if you lived somewhere for a long time, the carpet may not look new any more and the walls may need to be painted.
It is the biggest nightmare for any landlord to get to know that his property has been damaged by the tenant. The Landlord can deduct the amount from the security deposit, can sue the tenant, and can evict the property, depending upon case to case and tenancy agreement.
Your landlord must generally have made a claim for possession in the court within 8 months of giving you the notice, if they gave you the notice on or after 1 June.
Upon receiving an eviction notice, sometimes referred to as a notice to quit or notice to pay rent or quit, the tenant will have five days to either pay the rent or move out of the rental unit before the landlord can start an eviction lawsuit.
Your landlord must give you notice to leave your home, this is called a notice of seeking possession or a notice to quit. if you haven't left by the time the notice has run out, your landlord can apply to court for a court order and you will receive court papers.