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Uninhabitable conditions can include dangerous ones, such as holes in the floor, unsafe or exposed wiring, or non-working air conditioning in dangerously hot summer months. Gross infestations of roaches, fleas or other pests are also uninhabitable conditions.
If a tenant breaches a tenancy agreement it is possible that their landlord will try and evict them from the property. The sort of breaches of tenancy which result in a landlord seeking a court order for possession include:Damage to the property (eg broken windows)
Pay any delinquent rent that is due to the landlord within the allotted time of the notice. Move out of the premises within the allotted time of the notice. File an answer with the judicial court. File a motion to stay with the court.
If you're seeking damages for emotional distress caused by a landlord's discrimination, or punitive damages for especially blatant and intentional discrimination, a lawsuit may well be your best bet. Understand what's involved in suing your landlord. You may file a lawsuit in either federal or state court.
Know your state's landlord/tenant laws. Read and respond to the court summons. Try to work out a settlement. Consider legal counsel. Show up for court. Look sharp and provide evidence.
Yes, your tenant is within their rights to refuse you access to the property. In a lot of cases, tenants will refuse because the date and time isn't convenient for them and will suggest an alternative date or ask you to rearrange. However, some tenants will persistently try to obstruct you from entering the property.
If the tenant refuses, you are permitted to send them a notice to agree or quit the property. The tenant refusing you access constitutes a breach in the lease agreement, so they could be evicted if they continue to deny access.
You can file a lawsuit for negligence against the manager of a real estate property in the same way you can sue the owner of any type of business. Generally speaking, with certain exceptions, filing a lawsuit for negligence against a property manager is a straightforward process.
The landlord had a duty to reasonably maintain the property; The landlord knew or should have known of the dangerous condition; The landlord breached their duty by failing to repair/fix the dangerous condition;