Can a landlord evict a tenant for Racial Discrimination?

You cannot evict a tenant for a reason that could be considered discrimination. You cannot evict a tenant because you don’t like the color of their skin, the religion they practice or the fact that they have children.

When does a landlord not have the right to evict?

The landlord cannot file for an eviction because they get into a disagreement with the tenant or because the tenant has filed a health or safety complaint with the town. Here are four times the landlord does not have the legal right to evict a tenant.

Can a landlord evict a tenant for disruptive behaviour?

Other significantly disruptive behaviour can do the same. Such behaviours lead to “loss of reasonable enjoyment” of the property and may be grounds for eviction. Similarly, the landlord can evict the tenant if he/she interferes with the landlord’s lawful rights and interests.

Can a landlord evict a tenant for harassing activities?

The Act allows a landlord to evict a tenant who is involved in harassing activities. It is not uncommon when a landlord lives in the same residential complex with his/her tenant.

Can a landlord be threatened by a tenant?

Sadly some landlords do feel threatened by their tenants behaviour, and some are even verbally or physically abused as a result. Has your tenant recent become aggressive, abusive or threatening?

Can a landlord evict a tenant for no reason?

Likewise, if you’ve decided that you need to evict your tenant, for another reason, then the procedure should be straightforward and professional. As a landlord, you are protected under the law from a tenant who might call you constantly, apologising for their behaviour and asking to stay in the property, or from one who becomes threatening to you.

Can a tenant be evicted for harassing / threatening another?

A tenant can be evicted for creating a nuisance. You need to serve a 3 day notice to cure or quit. You should also gather as much documentation as possible to demonstrate the tenant’s threatening/harassing calls. The upstairs tenant cannot record telephone calls without the other party’s consent in California.

Can a tenant be evicted for creating a nuisance?

If a tenant is causing problems in the building and refuses or fails to correct their behavior, a landlord has the right to file… Yes. A tenant can be evicted for creating a nuisance. You need to serve a 3 day notice to cure or quit.

Is it illegal for a landlord to evict a tenant?

You cannot evict a tenant because they have made you angry by complaining or by legally reporting you to a housing authority. An eviction based on retaliation is known as a retaliatory eviction and it is illegal.

Can a landlord make false accusations about a tenant?

That the landlord has to be careful with their accusations because they could be in violation of the law. I produced two copies of the response letter. I hand-delivered the letters to the apartment manager. I had him sign one letter with his name and designation as well as the date and time the letter was received.

Can a landlord evict a wife who is pregnant?

You find out the wife is pregnant. You do not want a screaming newborn disrupting the other tenants in your property, so you file to evict the couple. This is discrimination against families, and it is illegal. Your state or county may allow certain tenants to be classified as protected tenants.

Why does a landlord threaten to evict a tenant?

Landlords who resort to these actions are often trying to avoid the expense of eviction and the hassle of removing a tenant in the proper, legal way.

Can a tenant from whom a subtenant is leasing can evict?

A tenant from whom a subtenant is subleasing—if someone is subleasing, the tenant they are leasing from is their (the subtenant’s) landlord; as landlord, the main tenant can evict.

Can a landlord force a tenant to leave?

Tenants aren’t usually “physically” forced out. In reality, tenants are usually told to leave, and that’s when they’re scared and unsure, and buckle under the pressure, causing them to slip out the door like helpless, futile lemmings. Little do they know, the law is on their side, and forbid landlords to enforce such practices.

How does a landlord get rid of a tenant?

The tenant must cure the violation or r vacate the premises within the specified time. If the tenant refuses, the landlord must file an unlawful detainer action at the small claims court to have the tenant lawfully removed. The landlord must file a “complaint” with the court.

What happens if a tenant leaves things behind?

Though you might assume if a tenant leaves belongings behind after vacating they don’t want them anymore, you are only in the clear if your lease agreement explicitly states what happens to abandoned property, or you have written confirmation the tenant will not be returning to claim their items.

Can a landlord evict a tenant for not paying the electric bill?

Since your failure to pay the electric bill threatened the safety and living standard of the tenant, you cannot pursue the tenant for the remainder of the rent or file for an eviction because they did not pay the full amount of rent.

When does a tenant refuse to leave an eviction notice?

Basically, it can take a few weeks or even months to fully move through the eviction process depending on the situation. Even after you serve an eviction notice (or even receive a judgment from a court hearing), there are cases in which the tenant does not leave after notice: They don’t agree with the notice reason.

There are many instances when a landlord is in full compliance with the law when it comes to evicting a problem tenant . A landlord can seek to evict a tenant from a rental unit for non-payment of rent, failing to move out at the end of a lease term, or for breaching any of the agreed to lease provisions.

Can a tenant refuse to leave without cause?

The tenants may still refuse to leave, resulting in you needing to proceed with the eviction process. The other category of eviction notices is without cause, meaning that you do not have a specific reason for wanting the tenants out of the property.

Can a landlord be held responsible for a constructive eviction?

Meaning that tenants are guaranteed the right to live in peace without privacy violations or harassment from the landlord. Should you breach your tenant’s right to quiet enjoyment of the premises, and your tenant feels compelled to leave the property, you may be held responsible for all expenses related to this “constructive eviction.”

Can a landlord kick a tenant out on the street?

There is paperwork to file and specific guidelines to follow when it comes to proper eviction proceedings. You cannot merely kick your tenant out on the street, regardless of whether your reasons for eviction are valid.

What are the legal reasons to evict a resident manager?

Valid reasons include; poor job performance, possession of a weapon on the premises, engaging in illegal drug activities and illegal discrimination. Reconsider firing and evicting a resident manager for reasons based upon age, race, gender or familial status. Firing for those reasons are against the law.

Can a teenage tenant destroy a rental property?

A teenage tenant, approved by a social services agency, destroys a rental property, and the landlord faces an uphill battle in getting compensation for damages. Read the full story here.