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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.
Originally, in an agricultural society, the law expected the landlord to rent the property to a tenant and then leave the tenant alone. It gave the landlord no right of access, but also no responsibility for repairs. The modern urban tenancy, especially in a multi-unit building with many building-wide systems, has forced that law to change. The ...
Now, per Texas statutory law, the landlord has a duty to make a diligent effort to repair or remedy a condition if the tenant gave notice of the condition, the tenant is not delinquent in the payment of rent at the time notice is given, and the condition materially affects the physical health or safety of an ordinary tenant. [35]
However, most renters are evicted for non-payment of rent. [39] In 2018, a DC eviction report found that 93% of eviction filings in DC were initiated for non-payment of rent. [40] [41] Landlords may also file for evictions in situations where the tenant is not culpable, known as a "no-fault eviction".
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 ...
Under the common law, the tenant has a number of duties to the landlord: to pay rent, when it is due, to avoid waste (intentional or negligent destruction) of the property. When a property is leased for the development of its natural resources, this duty may not apply inasmuch as “waste” (i.e. non-renewable use of the resources on the land ...
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