Can a landlord change your locks and then sue for past due rent?
477232
In most States NO. (check your local laws). \n\nMost states state that the landlord can not change the locks on you for a missed payment. She has to go through the "Eviction Process" and can only take your deposit and sue you for the remainder owed. She can not lock you out, sell your belongings, or kick you to the street without going through the legal process.\n\nThe legal process usually gives you 3 months in most states. Of course I'm assuming your late rent isn't that overdue??? But she would need to issue you an Eviction notice weeks in advance of Eviction.\n\nGet legal help.
478753
You have a very good chance of winning.  Take him to small claims court.  The landlord has to prove damage to the apartment was caused by you.  Not only that, he has to return your security deposit with interest for the amount of time he held it.
131914
That depends.\n\nContact your landlord and explain the situation.  If they're given enough notice, they may be willing to make some -written- agreement with you that would amend the terms of the lease.\n\nIf you just move, there's no doubt that you would be liable for paying rent for the entire length of the lease, and the landlord would be within legal rights to collect from you.
799029
The landlord must use the court process to evict the tenant\nThe court-administered eviction process assures the tenant of the right to a court hearing if the tenant believes that the landlord has no right to evict the tenant. The landlord must use this court process to evict the tenant; the landlord cannot use self-help measures to force the tenant to move. For example, the landlord cannot physically remove or lock out the tenant, cut off utilities such as water or electricity, remove outside windows or doors, or seize (take) the tenant's belongings in order to carry out the eviction. The landlord must use the court procedures. \n\nIf the landlord uses unlawful methods to evict a tenant, the landlord may be subject to liability for the tenant's damages, as well as penalties of up to $100 per day for the time that the landlord used the unlawful methods.\n\nIn an unlawful detainer lawsuit, the court holds a hearing at which the parties can present their evidence and explain their case. If the court finds that the tenant has a good defense, the court will not evict the tenant. If the court decides in favor of the tenant, the tenant will not have to move, and the landlord may be ordered to pay court costs (for example, the tenant's filing fees). The landlord also may have to pay the tenant's attorney's fees, if the rental agreement contains an attorney's fee clause and if an attorney represented the tenant. \n\nIf the court decides in favor of the landlord, the court will issue a writ of possession. The writ of possession orders the sheriff to remove the tenant from the rental unit, but gives the tenant five days from the date that the writ is served to leave voluntarily. If the tenant does not leave by the end of the fifth day, the writ of possession authorizes the sheriff to physically remove and lock the tenant out, and seize (take) the tenant's belongings that have been left in the rental unit. The landlord is not entitled to possession of the rental unit until after the sheriff has removed the tenant. \n\nThe court also may award the landlord any unpaid rent if the eviction is based on the tenant's failure to pay rent. The court also may award the landlord damages, court costs, and attorney's fees (if the rental agreement or lease contains an attorney's fee clause and if the landlord was represented by an attorney). If the court finds that the tenant acted maliciously in not giving up the rental unit, the court also may award the landlord up to $600 as a penalty. The judgment against the tenant will be reported on the tenant's credit report for seven years.\n\nIn California you can only be evicted for  non-payment or a crime, i dont think noise is a crime.
886192
do you have copies of the complaints you made? on what days you made them? and to whom?\n\nif so, contcat your local/govenment fair housing authority.\n\nas for free rent...not likely. if they sent people to fix it, in a timely fashion after yoru complain was made, (within a week) then you have no case to sue.
606431
If you mean can a landlord ban someone from the premises without legal action, then you bet they can.  They can also back up their assertions with legal action on the person that violates that order and/or the person that harbors them via their lease. As for the credit check that would be the landlords discretion. If they don't want the credit check they don't have to have one but they can't be added to your lease without one if you want one either.\n\nTo file a complaint use the better business bureau for your area.
598702
Legally you can do nothing until he is evicted by the court system.The Marshall will remove him and his belongings.\nThe changing lock bit will only get you sued and you would lose.
475820
No.\n\nTypically in most states (Florida included) this is governed by the lease.  However, before you're "evicted", the landlord generally has to sue you for "posession" of the property.  Most landlords, unless they really want you out, will accept full payment of rent and stop the eviction process.  If you do that before the court awards the landlord possession, you can probably avoid that step.\n\nGood luck.
319374
If your friend hasn't paid the rent within the 10 day time period, then the landlord's next step is to file a lawsuit for eviction.  A court date will be assigned, and if your friend hasn't paid by the day of court the judge will give a judgment for possession to the landlord.  Then the landlord has to send the judgment to the sheriff.  The sheriff will post a notice on your friend's door advising of when the eviction will be performed.  If she hasn't paid the rent by that date, then the sheriff will come out to the property and stand by while the landlord has the locks changed and her property removed.  The time period for all of this can be anywhere from 2 weeks to 2 months from the expiration of her 10 day notice, depending on when the landlord files the lawsuit and how long the wait time is at the court.
1050216
NO.  But check the laws in your state or City to make sure.  If you want, you could call a lawyer, just ask them if you have a case, and see what they say.  It won't cost you a dime.  If the lawyer thinks you have a case, then he'll take it and sue for you.  You probably won't ever even have to go to court.  It'll be free for you because the lawyer will just keep a portion of the winnings as his fee.  That's why lawyers won't take cases that they can't win.  Usually a lawyer keeps 20-33% as their legal fees.  But like I said, if you don't win your case, you get nothing, and he gets nothing.  Either way, suing your landlord won't cost you a dime and it probably won't cost you any time or effort either.  Call or visit a lawyer to find out if you have a case.\n\nBy the way, not all lawyers do these kinds of cases, so I'd just pick up the phone book and call a few, explain to whoever answers the phone that it is a case where you wonder if you can sue your landlord for an illegal lease.  They'll tell you if they handle those kinds of cases or not over the phone.  They'll usually tell you what percentage they keep for fees over the phone as well.  I sure hope this helps you out!\n\nOh.. one more thing... IF you ever want to win anything in court, or if you are even planning on suing, DON'T tell anyone (except your lawyer) that you KNEW it was illegal ahead of time.  If the court finds out you knowingly entered an illegal contract, you won't have a leg to stand on.
1102386
If it does not state that those were included specifically IN THE LEASE, then it is very unlikely that you can do anything at all. I suggest you read your lease carefully and, if after reading it you still have reason to believe you should have had both items, I suggest you speak to a lawyer. There may be nothing you can do.
431545
Yep. Small claims. They will have to show up and they probably do not have the time so usually just the threat of court will be enough.  If they don't show, you win automatically.  I took my landlord to court and it was very satisfying to see him squirm in front of the judge.  That was worth more than the money he had to pay me!
865725
if you were evicted as a direct result of his inability to maintain his property-then yes you can sue him-but beware he may tell the courts that as you may not have reported the fault/s then he could not have known about them--now while all landlords have a legal obligation to periodically check their property to ensure they can accommodate tenants in a clean and safe environment-this may affect the outcome of your case-so get a good attourney (this is the law in the UK by the way-which i dare say is no different from the US). its all down to health and safety at the end of the day-good luck.
736714
Talk to your landlord.
728609
speak to the landlord to see if the lease can be modified
256687
Hello:\n\nTry rentlaw.com for laws in your state.\n\nexcon
614040
You should read the fine print of your lease.  If you move out and they re-rent the apartment, they can NOT charge you from that date forward for any further rent.  Will they let you sublet to someone else?  Most states have free landlord tenant assistance.  Call 211 and explain the problem to them so that they can best assist you.  Perhaps a moderator would be of some help.  If you do decide to move, make sure that they sign off on the apartment that you left it in good order and that you both agree on the damages if any in writing, as well as your move out date.