October 4th, 2010 14:22 EST
Landlord Tenant Laws and What You Need to Know
Trial Court Lacked Good Cause To Stay Tenants` Eviction, Says Appellate Court -- New York. A trial court`s ruling is reversed because the tenants who wanted to stay their eviction failed to present sufficient "good cause" to the court to justify the stay and they are evicted. The landlord sued its tenants for possession of their apartment based on their nonpayment of rent.
LESSON: The landlord successfully challenged a trial court`s decision and was able to evict its tenants after they breached a settlement agreement. Courts will enforce settlement agreements if they are fairly entered into and the tenants in this case missed their payment and the landlord promptly sought their eviction. Landlords must move quickly to enforce their rights and regain possession from tenants who refuse to pay their rent.
* Tenant Is Evicted After Losing Claim Landlord`s Notices Were Defective -- New Hampshire. The landlord`s eviction notices met all the statutory requirements even though the notices only addressed the tenant by her first name and the court awards possession to the landlord. An appellate court affirms a trial court`s decision that the landlord`s notice to vacate was not defective and agrees the landlord is entitled to evict his tenant.
LESSON: The landlord`s eviction notices met the statutory requirements and the court awarded possession to the landlord. The notices informed the tenant why she was being evicted, when she had to vacate, and that she could cure the default and avoid eviction by paying her rent arrearages.
These are just two of many new rulings, laws and policies posted in LANDLORD LAW REPORT each week by a veteran landlord-tenant attorney. Since 1996, this online, interactive newsletter has delivered quick-reading highlights of recent federal and state court decisions on fair housing, premises liability, rent control, lease enforcement, drug use, eviction, handicapped accessibility, building security, lead paint/asbestos, and Section 8 issues, plus key HUD rulings. Each issue of Landlord Law Report is filled with advice on how multifamily property owners and managers can be better prepared to protect themselves from expensive and time-consuming litigation.
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If you`ve had a problem tenant, you`ll know:
The slow court system doesn`t do landlords any favours.
It can take up to six months to evict.
Most landlords don`t receive any rent during this time.
With the proposed County Court closures due to government cuts,
the legal system may slow down even further.
We are campaigning to.....
1. Seek changes to the law to speed up the eviction process
2. Improve landlords rights of access
3. Ensure that any closures of UK County Courts does not negatively affect landlords.
Our campaign is backed by:
" Mike Weatherley MP
" The Residential Landlords Association (RLA)
" The Southern Landlords Association (SLA)
Please sign the petition
As landlords, we are stronger together.