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Tenant's Options When Landlord Imposes Daily Fees for Holding Belongings After Eviction
https://legiswiki.com/en/p/10337/tenants-options-when-landlord-imposes-daily-fees-for-holding-belongings-after-eviction
When a landlord imposes daily fees for holding a tenant's belongings after eviction, the tenant's options and the landlord's rights depend heavily on the jurisdiction and specific laws governing abandoned property after eviction. In California: Landlord's Obligations: After eviction, landlords must...
Landlord's Right to Charge Fees for Storing Tenant's Property After Eviction in Pennsylvania
https://legiswiki.com/en/p/10333/landlords-right-to-charge-fees-for-storing-tenants-property-after-eviction-in-pennsylvania
In Pennsylvania, landlords have the right to charge tenants for storage fees of personal property left behind after eviction, but this right is subject to specific legal requirements and timelines. Here are the key points regarding a landlord’s right to charge fees for storing a tenant’s property af...
Legal validity of threats and enforcement of rental contracts
https://legiswiki.com/en/p/10186/legal-validity-of-threats-and-enforcement-of-rental-contracts
The legal validity of threats in the context of rental contracts is clear: threats of physical harm, property damage, or retaliation by landlords are illegal and constitute harassment. This includes verbal threats, written messages, or implied threats. Similarly, tenants who threaten landlords also...
Unlawful Detainer
An unlawful detainer is a legal action, commonly known as an eviction lawsuit, initiated by a landlord to regain possession of real property from a tenant who is unlawfully holding it. The primary issue in an unlawful detainer case is the right to possession of the premises, and no other issues are typically tried without the consent of all parties involved.
Key points about unlawful detainer include:
- It is a summary proceeding designed to quickly resolve disputes over possession of rental property.
- Landlords must comply with procedural requirements, such as properly serving the tenant with a written notice (often a three-day notice to pay rent or quit) before filing the lawsuit.
- To succeed, the landlord must prove that the tenant:
- Is in possession of the property,
- Is there without permission,
- Is in default for non-payment of rent or other lease violations,
- Has been properly served with notice,
- Has not remedied the default after the notice period expired.
- Grounds for unlawful detainer extend beyond nonpayment of rent and may include tenant waste (damage to property) or illegal use of the property (e.g., unauthorized subletting or illegal lodging).
- Only a court order can authorize eviction; landlords cannot forcibly remove tenants or their belongings without this order. The sheriff typically carries out the eviction after the court grants possession to the landlord.
- The tenant usually has a limited time (e.g., 5 to 10 days depending on jurisdiction) to respond to the unlawful detainer complaint once served, or they risk losing the case by default.
- If the landlord wins, remedies generally include possession of the property and possibly unpaid rent. The landlord may also collect judgments through legal means such as wage garnishment.
In summary, an unlawful detainer is the formal legal process landlords use to evict tenants and reclaim possession of rental property when tenants fail to comply with lease terms or notices.