I live outside of the state of NY but have a landlord that collects rent and do repairs I have a written contract with him. Is he able to go to court to file eviction papers on my tenants without me being present in the state of NY the city of Rochester.
130180
I'm assuming that you mean that you are the landlord and the guy collecting rents and doing the repairs is your property manager.  If that's the case, then of course he can file eviction papers against your tenants.  \n\nThat's one of the reasons that you would hire a property manager in the first place.  It's much easier for him to file eviction proceedings locally than it would be for you to travel to New York to do so.  He would file the eviction as your agent.
450769
It depends on where you were living, if it was an apartment then there should be a manager taking care of the rents and repairs that you can talk to. If it was a house that you were renting you may have more of a problem and if you file a civil suit you may be wasting your money since it will be hard to serve him with the papers. Was it his personal property that you were renting or something owned by his business, it is was company property there will be a registered agent who can accept service for him. You can find out who this is through the Secretary of States office in your state. If it was his personal property then I would suggest looking at your lease, was it drawn up by an attorney, it is possible that he could be on a retainer and you could have him served. The only other way you could have him served would be with a foreign process server and some courts wont accept this. Check the magistrate or municipal court in your city to see if this is ok. Ask the court clerk how you can get him served, they are not supposed to give legal advice but they are usually friendly.\nYou might also send him an email threatening to file a civil suit and see if he responds to that. And if you do manage to get him served and get a judgment then I would suggest filing a lien against the home to protect your interests, that way he cant sell it without paying you.
165365
NO!!! Unless your landlord has gone through the procedures (i.e. the court system) to remove you from your apartment for nonpayment of rent or any other breech of the lease, they CANNOT constructively evict you.  Call the Attorney General's office and ask them for a tenant's rights guide and in the meantime get some bolt cutters and cut the lock.  Of course, if your landlord DID go through eviction proceedings in court, you're out of luck.
295224
You need an attorney and need to act fast.  If you don't move out within the 7 days (or convince them to change their mind) they will file suit for posession, sometimes called illegal or unlawful detainer.  You'll only have a few days (typically 5, but can vary from state to state) to file your answer with the court.  If you don't file an answer, they will get a default judgement against you which they will turn over to the sheriff (after the legally prescribed waiting period) who will physically remove you and all of your property from the apartment.\n\nIf you do file a response, you'll get your day in court and may challenge the eviction.  If you win, it's over and you can stay put.  If you lose, see the above paragraph.\n\nSee an attorney or tenants rights organization for further information.  You can also google "Florida Eviction" and see what pops there.
368084
Yes you can! When you with hold rent the send you a court notice, take the proof (pictures, letters saying you called to have it fixed and whatever else proof you have) with you to court, tell the judge the reason show the proof and that they didn't fix it and that you asked to have it fix and nothing was done. If the judge sees it in your favor you won't have to pay the rent until it gets fix (he will order then landlord to fix it), and you won't have to pay the late fee because you had probable cause, but if he doesn't see it in your favor, you'll have to pay the owed rent money right away and possible the late fee
547541
What you need to do is go to is send your tenant an eviction notice giving them 7 days to pay or move out.  Send this through certified mail.  On the 7th day if they haven't paid, go to your city's court house and tell them you need to file for an eviction.  It will cost you around $50 plus an extra $20 for the sherifff to deliver the notice to your tenant.  They'll give you a court date (usually about 3 weeks from the time you file for the eviction).  When you go to court either your tenant won't show up (most likely what will happen) and you'll win automatically, or they will and they won't be able to prove they've paid and you'll win.  At this time they'll give the tenant 7 days to move out.  If they don't move out in 7 days you can call the sherif and set their belonging out on the curb.  The sooner you file for eviction the better.  Good Luck!
652917
Legally she does not have to go.  The owner/Landlord of the property has to get a motion of eviction and she has to be served with it before she has to go.  The law states that if a person has as much as a toothbrush on the property they are legally living at the establishment.
154946
Eviction is a long legal process and the landlord has to follow it to legally evict you or anyone.  If he or she fails to follow the law and evicts you, you have cause to file suit against him/her for wrongful eviction.
462778
A case for harassment will be thrown out of court if it is based on your eviction of the tenant for nonpayment of rent. The operative word is "res judicata": she could have brought the matter up in the earlier case.\n\nAnyway, claiming and enforcing a legal right through normal channels cannot be harassment. I am assuming this is not a "statutory tenant" under a local rent control scheme. And that you did follow legal procedures.\n\nWith difficult tenants it is always best to keep a diary, listing contacts and what was said. If you have the means (perhaps by way of telephone bills) to reconstitute such a list, it will be helpful in court if the case is not dismissed on motion (you should tell the judge at the start that you want summary dismissal as the complaint states no cause of action; if the judge agrees then the case is over before it begins). Or you could counterclaim for the stolen (or "converted") property. You probably need to serve the documents for that now. You should be able to get a blank form (or a model as used in other cases) for that from the clerk of the court.
424842
Hi, Sandee,\n\nAs I read the answers, I kept wondering how all these people know what State you live in, if US, and how they can be sure their advise applies.\n\nYour family lives in which state?\n\nAlso, when you say lease that is usually different than a month to month and result in different answers.\n\nIn California, there is a standard notice called a 3 day pay or quit.  The expectation is not that you will move, but simply pay the rent or in your case the water bill.\n\nIn your case, it seems that you may not gone to leasing or rental office and simply asked them what they plan to do.    \n\nThat is the place to start.  Ask them what this is all about.\n\nIf it is in your lease that you will be paying water bills, they will point that out to you.  If that is the case, they will show you that you signature is on the page showing that you agreed to pay.\n\nI don't know in what states there is a "Housing Authority".  But they would tell you to talk with the agent or landlord first.  Then if needed you file a complaint.\n\nThe so called 3 day notice is the first step in the eviction process but it is not an eviction in and of itself.\n\nIn California, an eviction does take place before a judge.  You have the opportunity, with or without an attorney to be present.  \n\nI have always been there on the behalf of the landlord.  Sorry about that!!  The judges are always fair and willing to hear what you have to say.\n\nThe only persons who got really bad deals were drug-dealers, that isn't you, and people who didn't show up in court.\n\nBelieve me, if you are paying the rent as agreed and the landlord or the agent do not have it in writing that you agreed to pay the water bill, you will win in California just by showing up and telling that to the judge!\n\nGood Luck for you and your family!
111338
Go to Ask Jeeves, and put in tenant landlord questions you will find your answers.  I once had a foreign Landlord, who thought he was my Own-Lord, a Lawyer took care of that for me, it is against the law to harass you in any wayand most states are [pro tenant.  Know your rights.  A retainer, and small fee to a real estate attorney can remedy this quickly.  I know it cost money, but mine only cost $250.00 in the long run and it was well worth it to see the Landlord squirm.
30764
Landlord/tenant law varies from state to state.  The procedures to evict someone who is not on the lease will depend on how they got occupancy in the first place.  Contrary to what others have posted, not being on the lease doesn't necessarily mean anything.  This type of thing happens all the time.  Roommates move in, they move out, people sublease, etc.\n\nYou won't find the answer you seek here unless a Wisconsin lawyer happens to see your question.  You should  call an eviction lawyer in your state for furher advice.  Your local county bar association might have a lawyer referral service.  Most attorneys will give a free 30-minute consultation on a new case.
513379
You already have two good answers that are correct.  I'm a landlord, too, and I agree with them both.  I would just add this:  it's good to be apologetic "I really am so sorry..." but don't be ashamed or frightened.  Your landlord doesn't want to evict you.  It's expensive and a hassle for him to do so; it takes a long time, requires court appearances by him or his lawyer, and after it's done, he has to go find a new tenant.  If you've been paying regularly all along, he wants to keep you as a tenant.  So explain what happened in brief but precise terms, tell him you have documentation of it if you do (receipts or whatever), tell him exactly when and how you will pay (from my next paycheck which I'll get on the 17th...) and he'll be quite content.  If he's half decent, he'll won't even ask for the late fee.
270908
If you are complying with the law, the landlord cannot make you move until your lease is up. If the landlord does not want to renew your lease, then you must move out. There is nothing legal that obligates the landlord to renew your lease.\nThe tenant must make efforts to get repairs made, damaged items replaced, or items cleaned (the labor might be done by either you or your landlord, depending on your agreement) that affect health and/or safety.  \n\nIf you do not promptly respond to these needs as each condition requires, the landlord can send you a written notice specifying that you have violated your lease contract and asking that you fix the problem within the next 14 days (if it is an emergency the landlord can ask for a shorter period of time). \n\nIf after 14 days (unless it is an emergency) you do not remedy the situation, the landlord can enter your apartment and fix the problem in a “workmanlike manner” and submit an itemized bill for the costs or the value of the repair and add this amount to your rent on the next date periodic rent is due (usually the 1st of every month). \n\nIf your lease has already ended, the landlord can ask for immediate payment. \n\nUnder the Landlord Tenant Act, the tenant is obligated to tell the landlord of needed repairs and to take care of the apartment. If you neglect maintenance issues, you are violating the law and could be evicted (see Violating The Lease\nUsually a landlord will try to resolve a problem with a tenant by talking to him/her first. The following are legal actions that a landlord can take against a tenant who is violating the lease. Most landlords will not take this kind of action unless it is absolutely necessary.\n\nIf you do not comply with any one of the conditions stated in the lease (or with the laws in the Landlord Tenant Act, see Tenant Duties), the landlord may deliver a written notice to you specifying the violations that you have made. The notice will also state that the landlord will end the lease and evict you in no less than 14 days. \n\nIf you fix the problem within 14 days the landlord cannot evict you. If the same problem happens again within 6 months, the landlord may send another written notice specifying the violation and evict you within 14 days (regardless of whether or not you correct the violation this time). \n\nIf you do not fix the problem within 14 days after getting the notice, the landlord may give you an extension. If he/she does not wish to give you an extension, the landlord can get a “Forcible Detainer Warrant” sent to you on behalf of the constable (this warrant is a notice that you will be Evicted unless you come to the trial date and defend yourself). The warrant will have a trial date stated on it. \n\nIf you receive this warrant, you should review it carefully and see a lawyer immediately (for a lawyer, see Legal Help). \n\nGO TO THE TRIAL! This hearing will determine whether or not you will be evicted. \n\nIf you are found guilty at the hearing (or you do not show up!), the sheriff or constable will physically remove you from your apartment a few days after the court date. \n\nFor more on eviction see Eviction. \n\nIf you do not comply with any of the conditions stated in the lease and your landlord is damaged as a result (either financially or in some other way), then the landlord can take you to court in order to get paid back (including attorney fees). \n\nIf you do not leave the apartment after the lease has ended, the landlord may take you to court to force you out of the apartment and sue you for more than 3 months rent, or three times the amount of damage sustained by the landlord, whichever is greater (plus attorney fees). \n\nThe tenant must pay rent at the time and place agreed upon by the tenant and landlord. The law specifies that unless a different agreement is made between both the landlord and tenant, the rent must be paid at the BEGINNING OF EACH MONTH of tenancy. In the case of a roomer, unless the renta
375861
I used to be a property manager and I too would sent out 3 day notices, but until a court has released eviction papers, they can't seize your property, you should be calling them up and letting them know when you plan to pay.  This is normally accepted so long as it's not happening constantly.  Good luck.
191578
This is a confusing question. A landlord has a tenant. The tenant can sometimes sublet to a third person, a subtenant. If there are leases involved, there is the lessor, the lessee and the sublessee.\n\nIf both tenants derive their tenancy from the landlord, they are equal and neither can evict the other, usually. Every state is different. There is often a separate legal procedure available for co-tenants to deal with removing each other.  If this is truly a subtenancy, again you have to look to state law, but there is usually a form of eviction available to remove a subtenant or sublessee.
143365
Have you served all the proper eviction paperwork?  It's a complicated process and California errs on the side of tenants, not landlords.  Make sure all your i's are dotted and t's crossed on all the eviction paperwork and all documentation is impeccable before you go to court, or your case will be thrown out on a technicality and you will be back at square one with these deadbeat tenants.  Some tenants know the law better than owners.  Just hire a lawyer unless you want additional months of vacancy loss on those losers.