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Your landloard can keep your Security Deposit, not advanced rent (such as last month's rent), for non-payment of rent or damages. An eviction alone doesn't automatically allow a landlord to keep all of your deposit. Now let's clarify what an eviction is: it's a court proceeding to remove you from your home. A landlord asking you to leave after a specific perios of time is not an eviction.

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14y ago
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12y ago

Yes.

1) If there is still rent owed from some previous month, or

2) If there is some lease violation, or

3) With one month notice for no reason at all (except in New Jersey).

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Q: Can a landlord evict you even though you paid rent for that month?
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If the landlords accepted half the rent owed can they then proceed to evict me?

Yes--unless you and the landlord made an agreement not to evict in writing, the landlord waives no right to evict you simply by accepting a partial rent payment. However, making even a partial payment shows good faith on your part. I suggest you work with the landlord prior to eviction--evictions are costly and complicated.


Can your landlord evict you if you are behind 2 months rent and have always been late for the past 3 years?

A landlord may legally evict any time you are late with the rent. Even if you are just one day late one time.


Can a landlord evict a guest for a noise complaint if the tenant was causing the noise?

Yes. If a tenant is not in the habit of making a lot of noise then the landlord would not have much grounds to evict them. However, if a tenant is a problem for other renters, how a landlord evicts someone depends on the state in which he lives. Usually, a landlord could evict a person even if they have a lease for violating city codes for noise. A landlord would be wise to put such stipulations in their leases. This is based on the number of complaints the police receive concerning the noise or the number of complaints a landlord receives. In some states, all a landlord has to do is send a registered letter to the tenant notifying them of the complaint and that they are on notice to cease and desist or face eviction. If the tenant continues to bother others with their noise, then the landlord can notify the Sheriff's Department to evict the tenant. Of course this will not prevent the tenant from taking the landlord to court. This is why the landlord needs to keep good records and copies of police reports concerning the tenant to use in court.


Can a landlord deny you an apartment if you only have first and last month's deposit even though they asked for Security deposit as well?

It depends on what state you are in according to RentLaw.com


Is the tenant still responsible to pay the landlord rent even after they had signs posted that it is in foreclosure and is up for auction in 4 months?

Of course. You are still living there and your landlord's finances do not impact yours. He is still entitled to rent or can simply evict you.


Can a landlord evict tenant with babies?

If that tenant has violated the lease or failed to pay rent, yes, the landlord may evict them. The law doesn't look at having children during the eviction proceedings unless the case involves eviction based on discrimination of familial status.It's not discrimination for a person to fail to pay rent and subsequently be evicted for it.


Is the landlord allowed to charge for yard clean-up even if you are not totally moved out?

If you had a contract with your landlord for yard cleanup then you have to keep to this contract until the end of the month when you move out. Marcy


If the house is being foreclosed can the landlord sue you for tresspassing even when you pay your rent?

If you are paying rent then you are tenat and subject to and protectd by tenanncy laws. The specific laws vary widely by region, but in general if you have currently paid your rent in full you can remain in resedence; unless the landlord has other cause to evict you.


Is it legal for a landlord to break his lease and evict his tenant?

Will your lease be up then? As I understand the state laws, a landlord may terminate a month-to-month lease agreement for any reason if he/she gives you at least 30 days' notice. However, a landlord may not evict you or terminate a lease early unless you're not paying rent or have in some way violated your agreement. I'd talk to my attorney first, but I think I'd end up letting him try to evict me in court if this is going to be his approach to renting to people. If the landlord tells you 30 days before the lease ends that he's moving in at the end of the lease, then you'll want to move out. Again, this is my sense after reading our state landlord-tenant law, however I'm not an attorney and you may want to consult one before tackling this on your own.


Can a landlord keep a tenants securtity deposit even if the tenant never signed a lease and never moved into the property?

Was the lease supposed to be a month-to-month lease or for a year or longer?


What does the legal term constructively mean?

It has a connotation that some thing or some action has the characteristics of some other thing or action and will be treated as that other thing or action. I am sure this is perfectly confusing, so here are examples. A landlord makes a tenants living conditions so intolerable that the tenant moves out even tho the landlord had no legal cause to evict the tenant. That landlord constructively evicted that tenant.


What is the legal remedy to remove some people from your home that refuse to contribute to household expenses and refuse to leave even after you gave them a 3 day notice to pay or vacate?

Failure to contribute to household expenses may or may not be grounds for eviction. This depends on the term of the lease. Not contributing to household expenses is the same as not paying utilities in most household situations. A landlord may not evict a tenant for not paying his utilities, just like the landlord cannot turn off utilities to force the tenant to pay his rent. Therefore, if the tenant has paid his rent on time then the landlord has no grounds for eviction. However, after proper notice, the landlord has the right to evict the tenant. Now, if you are renting a room to the tenant, then you're charging him with room and board, not rent. If that's the case, you have to spell out the terms of that agreement, any violation of which will allow you to evict him. In that case, you still have to undergo the same eviction proceedings any landlord would go through in a regular landlord/tenant relationship.