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Prior to filing a suit in court for eviction, generally the landlord must provide written notice to the tenant (commonly called a notice to quit or notice to vacate). [3] The residential and commercial ordinances created jurisdictions preventing landlords from taking any action that may force a tenant out of their premises.
In landlord–tenant law, a notice to cure or quit is issued by a landlord when a tenant performs actions in violation of a lease. The notice gives a tenant the option of either fixing the offending problem or vacating the rental property. If the tenant continues performing the action(s) and does not move out, they can be evicted. [1]
In the early months of the recession, renters were evicted with little notice due to landlords foreclosing on properties. However, in May 2009, the Protecting Tenants at Foreclosure Act was passed. This law required "new owners to provide at least 90 days notice to vacate and to honor the terms of any existing leases." [18]
Eviction normally takes the form of a lawsuit, requiring an initial notice to a tenant, followed by court proceedings in which the tenant may contest the eviction and potentially file a counter-claim.At the conclusion of the eviction process, if the landlord prevails, the court will issue an order that the property be restored to the possession ...
In England and Wales, a section 21 notice, also known as a section 21 notice of possession or a section 21 eviction, is a notice under section 21 of the Housing Act 1988, [1] that a landlord must give to their tenant to begin the process to take possession of a property let on an assured shorthold tenancy without providing a reason for wishing to take possession.
Constructive eviction is a circumstance where a tenant's use of the property is so significantly impeded by actions under the landlord's authority that the tenant has no alternative but to vacate the premises. [1] The doctrine applies when a landlord of real property has acted in a way that renders the property uninhabitable. Constructive ...
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