Posted by Patricia Sullivan on March 29, 2004 at 11:37:02:
My husband and simply raise the rent so high that the tenant is forced to move. Of course, this can only be done when there is no rent control.
Evict w/o cause? - Posted by Gadje
Posted by Gadje on March 28, 2004 at 11:27:37:
My cousin’s landlord sold his personal residence because he plans on building a new house, but the new house won’t be ready for a while. So, he has served my cousin and her family with a 60 day notice. The landlord has 7 other rental properties occupied by people who, unlike my cousin, are consistently late with rent. He said the reason he is evicting them is because the house they are in is the nicest. Can he do this?
Re: Evict w/o cause? - Posted by Kristine-CA
Posted by Kristine-CA on March 28, 2004 at 11:38:55:
Gadje: is there a lease? Is it month to month? Where I am when a lease is month to month, 60 day notice is all that is required for tenants who have lived in a property over a year, and 30 days for those who have there less than a year. Notice to terminate a month to month lease does not have to have a “cause.” It’s what you sign up for when agree to a month to month lease as a tenant.
Also, to be clear: notice to terminate a month to month lease is not an eviction. Eviction comes when tenants don’t comply with the notice.
So, does your cousin have a lease? What does it say? And what are the laws regarding notice in your state/city?
Sincerely, Kristine
Re: Evict w/o cause? - Posted by Randy (SD)
Posted by Randy (SD) on March 28, 2004 at 11:31:20:
If she has a valid lease, NO.
No lease, maybe.
She should contact the housing and urban developement dept of the city or county Monday morning at 8:00 a.m.
Re: Evict w/o cause? - Posted by Gadje
Posted by Gadje on March 28, 2004 at 11:44:47:
They have a month to month so I guess they are just scr*wed.
Re: Evict w/o cause? - Posted by Kristine-CA
Posted by Kristine-CA on March 28, 2004 at 11:54:42:
Gadje: they should definitely check the laws for their area, but this is why many people won’t take a month to month lease. You are promised very little in the way of notice. And this is also why so many LL rent only month to month–they want to be able to control their property–to get rid of a tenant or empty the property for rehab or re-sale.
Sometimes I think that if people are going to spend so much time in our school systems, the least we could do is teach them the stuff they need to know to manage their life as consumers. Understanding lease agreements is definitely an important consumer skill. I have learned more about the way life works for consumers in REI than I did for the first 35 years of my life.
Sincerely, Kristine
Re: Evict w/o cause? - Posted by IB (NJ)
Posted by IB (NJ) on March 29, 2004 at 24:12:45:
Kristine, I think the distribution of wealth is this country translates to 20% of the population owning/controlling 80% of the wealth. In a 10 slice pie, that’s 2 people having 8 slices with the other 2 slices being split by the remaining 8 people. To teach ANYTHING in the school system that would upset the current distribution of wealth would mean that the LABORERS who actually expound the benefits of capitalism would actually BE capitalists. Imagine that.
BTW, here in NJ, there’s really no such thing as a month to month lease. The only way a LL can get rid of a tenant is for non payment of rent OR he/she wants to move into the apartment. For the latter reason, 60 days notice has to be given. Ben please correct me if I’m wrong. And Ben, you would have really enjoyed the convention. Yes, a lot of socializing but you would have enjoyed the company along with the 3-4 day getaway. You too Kristine.
Very true… - Posted by Ben (NJ)
Posted by Ben (NJ) on March 28, 2004 at 14:00:07:
God forbid you learn something in school that translates to the real world. A few years ago I was asking our housekeeper why she rented an apartment for thirty years. She said she never wanted to buy a house. I was thinking “well, you did buy a house, you just bought it for somebody else”.
Re: Evict w/o cause? - Posted by Kristine-CA
Posted by Kristine-CA on March 29, 2004 at 09:22:04:
IB(NJ): thanks for your message. I lived as a tenant in NJ for years and didn’t know there was no such thing as a month to month lease. I guess we always had year leases. I guess there must be a lot LL needing to move into their units giving 60 day notices, huh?
I would have enjoyed the conference, no doubt, as I did two years ago. Just didn’t fit into the schedule this year. But it wasn’t a bad weekend here. Two, gorgeous, sunny, over 80 degree days. Lots of gardening and kid stuff. Not bad at all. Kristine
Re: Evict w/o cause? - Posted by IB (NJ)
Posted by IB (NJ) on March 29, 2004 at 09:43:35:
Well there ARE ‘month-to-month’ leases per se in NJ. But theoretically they are still yearly leases due to the reasons I mentioned. And yeah many LL’s move into their units when they have to 