Nadel & Ciarlo, P.C.

Understanding the laws on tenant eviction

When a person is renting an apartment or home from a landlord, they have the entitlement to security. This means that they cannot simply be evicted with no notice and with no reason. However, since the landlord legally owns the property, the landlord can evict the tenant under certain circumstances.

Both landlords and tenants should make sure that they have a good understanding of the law regarding eviction. By doing so, they will be able to act within the law at all times and stand up for their rights.

Rules for eviction notices

If a landlord wants to evict a tenant, they must give the appropriate amount of notice and submit the notice in writing to the tenant. They must write the notice following the expected formalities. They may give a reason for why they believe the eviction is necessary; for example, because of unpaid rent or because the tenant was smoking inside.

A tenant's options after an eviction notice

A tenant could decide to comply with the eviction notice and move out within the given time period. This may be the path of least resistance since they can then rent a new property and get a fresh start.

If a tenant wants to stay in the property, they may want to fix the stated issues brought up by the landlord and ask whether they can continue to rent the property. Alternatively, if they believe that the eviction notice is unfair or unlawful, tenants can decide to defend themselves against it.

There are many ways that tenants can take legal action to assert their right to continue renting a property. However, this action needs to be taken in good time.

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