TheAnswer Representing

Size: px
Start display at page:

Download "TheAnswer Representing"

Transcription

1 TheAnswer Representing Yourself in an Eviction Case Asatenant,youhavemanyrightsthatyoumayusetodefendyourselfagainstan eviction.theansweristhecourtdocumentthathelpsyoutellyourstorytothejudge. This Answer form includes basic Defenses and Counterclaims. Defenses are the legal reasons why you should not be evicted. Forexample:Thelandlordisevictingyoufornotpayingtherentandyoupaid the rent. Counterclaims are your claims against your landlord for money or for a court order requiringhimtodosomething.youmayormaynotbeabletofilecounterclaims, dependingonthereasonforwhichyouarebeingevicted.whenyoufillouttheanswer form, it will guide you through whether you can file counterclaims. Forexample:Badconditionssuchaslackofheatorabrokenstovemakeyourhome worthlessthantherentthelandlordischargingandentitleyoutoanorderrequiring the landlord to repair those conditions. Youmayhaveotherclaimsthatarenotlistedonthisform.Thisformdoesnottakethe placeofalawyer.ifyoucan,youshouldtrytogetalawyer. FilloutthisAnswerformassoonaspossible! The court and the landlord(or the landlord s attorney) must receive your Answer on or before the first Monday after the Entry Date listed on your Summons. MailingthisformontheMondayaftertheEntryDateisnotgoodenough.Itmust bereceivedbyboththecourtandyourlandlordonorbeforethatdate.youshould handdeliveritifyouarenotsureitwillbereceivedbythatdate. IftheEntryDateisnotlistedoryouarenot100%clearaboutwhenyourAnswerisdue, callthecourtclerktofindoutexactlywhenyouranswerisdue. Produced by the Mass. Law Reform Institute, with assistance from legal services offices in Massachusetts, and available online at MLRI, revised September 9, All rights reserved. BOOKLET 3 Booklet 3 1

2 HowtoUseThisAnswerForm Try to Get Assistance If you are eligible for free legal assistance, many Legal Services offices in Massachusetts haveclinicsthatcanhelpyoufillouttheattachedanswerform.contactyourlocallegal servicesprogramtofindoutmoreabouttheseclinics.tofindalegalserviceprogramin your area go to: and click on Find Legal Aid. YoualsohavearighttorequestDiscovery.Discoveryisthelegalprocedureyoucan usetogetinformationfromyourlandlordtohelpyouproveyourcase.ifyourequest Discovery, this also postpones your eviction trial for two weeks if the Discovery requestisreceivedbythecourtandyourlandlordbytheanswerdate.ifyouwant to request Discovery, use Booklet 4: Discovery. You can also contact your local legal services program and ask for Booklet 4: Discovery. CompletetheTopoftheAnswerForm a. Writethecountyyoulivein,ifyouknowit. b. WritetheOriginalTrialDate,whichyouwillfindinyourSummonsand Complaint. IfyouaredoingDiscovery,check Rescheduled andputinthedateexactly2 weeks later than the Original Trial Date. If you are not doing Discovery, check Original. If, however, you request a jury trial, the Original or Rescheduled Trial Datemaybecomeyourpre-trialconferencedate(atwhichtimeajurytrialdatewill usually be assigned). Check with the Clerk s office to find out when the pre-trial conference is being scheduled. c. Writeyourlandlord snameasitisonthesummonsandcomplaint. d. WriteyournameasitisontheSummonsandComplaint. e. Copythenameofthecourtfromtheupper-right-handcorneroftheSummons and Complaint form. f. FillintheDocketNumber,ifyouknowit.TheDocketNumberisthenumber thecourthasassignedtoyourcase.youmayaskthecourtforthisnumber,or leave it blank. g. Check off Counterclaims if, after completing the form, you have checked any boxes in the Answer form under claims listed as both Defenses and Counterclaims. Thinkaboutwhetheryouwantajurytohearyourcase.Ifyouwanttorequest ajurytrial,youwillneedtocheckoffthebox WithJuryTrialRequest and onthelastpageoftheformyouwillalsoneedtocheckoff Iclaimmyright toatrialbyjury. 2 Booklet 3

3 FillOuttheRestoftheAnswerForm as Appropriate for Your Case This Answer form lists the most common Defenses and Counterclaims that tenants can use topreventaneviction.whenyoufillouttheanswerformdonotbeafraidtolistallthe defenses and counterclaims supported by the facts in your case. You are allowed to file counterclaims where a tenancy has been terminated for nonpaymentofrentorforareasonthatisnotyourfault.ifyouarebeingevictedfor fault(which is something the landlord claims you did wrong, other than nonpayment of rent),youmaynotbeabletopursuecounterclaimsinthiscase. Also,attheendoftheAnswerformcheckoffWhatYouWanttheCourttoDo. Deliver the Answer Form Sign your full name and print your address and telephone number. Remove the Answer form from this booklet. Make 2 copies one for yourself and one for your landlord(or his/her lawyer). Deliver the original Answer to the court. Askthecourttostampthedateonyourcopysothatyouhaveproof thatyoufilediton time. Deliver a copy of the Answer to your landlord(or his/her lawyer). Keepyourcopytobringtocourt. Booklet 3 3

4 ANSWER FORM Please print or type COMMONWEALTH OF MASSACHUSETTS TRIAL COURT a.,ss: e. County Name of Court f. Docket No. Summary Process b.trialdate OriginalTrialDate: RescheduledTrialDate: (NoDiscoveryrequested) (Discoveryrequested) c. Plaintiff(s) Landlord(s) vs. d. Defendant(s) Tenants(s) SUMMARY PROCESS ANSWER COUNTERCLAIMS WITHJURYTRIALREQUEST Facts 1. Mynameis. 2. Iliveat. Imovedinon. 3. Ipay$ inrentper(month/week). 4. Ireceivearentsubsidy.Thefullcontractrentis$. 5. Ido /donot haveawrittenlease. 6. IdenythatIliveinmyhomeunlawfullyandagainsttherightofthelandlord. 7. IdenythatIowetheamountofrentlistedinthelandlord scomplaint. 8. Inolongerliveinthepremiseslistedinthecomplaint. 9. Iamnotatenantofthelandlordlistedabove. Defense Tenancy Not Properly Terminated and/or Case Not Properly Brought Mass.Gen.Laws,c.186, 11-13, IneverreceivedaNoticetoQuit. 11. Thelandlorddidnotterminatemytenancyproperly. 12. ThelandlordstartedthiscasebeforetheNoticetoQuitexpired. 13. Thelandlordisacorporationorotherbusinessentityandthiscasewasnotbrought by an attorney. 14. TheSummonsandComplaintisdefectiveand/orwasnotproperlyserved/filed. 15. IfIhaveeverowedthelandlordrent,Ipaidorofferedtopayitallwithinthetimeallowed by law. 4 Booklet 3

5 16. Evenifmytenancywasterminated,anewtenancyhasbeencreatedbymylandlord s conduct. 17. TheComplaintandtheNoticetoQuitstateinconsistentreasonsforeviction. 18. Thelandlorddoesnothaveasuperiorrighttopossessionand/ordoesnothavestanding to bring this action. 19. Thelandlord scaseshouldbedismissedbecause Defense Failure to Comply with Rules for Public and Subsidized Housing 20. Iamatenantinpublicorsubsidizedhousingand: a. Thelandlorddidnotterminatemytenancyasrequiredbytheleaseand/orprogram rules. b. IamatenantundertheSection8Programandthelandlorddidnotprovideacopy ofthenoticetoquittothepublichousingagencyinatimelymanner. c. Iamatenantinpublicorsubsidizedhousingandthelandlorddoesnothavegood causetoevictmeasrequiredbytheleaseand/orprogramrules. d. Iamatenantinpublicorsubsidizedhousingandthelandlorddidnotgivememyright toagrievancehearingorconferenceasrequiredbytheleaseand/orprogramrulesori requested a hearing/conference and the process was not completed before I received the complaint. e. IresideinfederalpublichousingorfederallysubsidizedSection8orothercovered federalhousingandihaveadefenseundertheviolenceagainstwomenact(42u.s.c. 1437dand1437fand24CFRPart5,SubpartL). Defense Retaliation Mass.Gen.Lawsc.239, 2A;c.186, 18 Counterclaimwheretenancyisterminatedfornonpaymentofrentorwithoutfault 21. Thelandlordistryingtoevictmeand/orretaliateagainstmebecause: a. Iwithheldrentbecauseofbadconditions,and/ortoldthelandlordaboutbad conditions. b. Ireportedbadconditionsinwritingtothelandlord. c. Ireportedbadconditionsorallyand/orinwritingtoapublicagency. d. Itookpartinatenants meetingororganization. e. Ibroughtacase/claimagainstthelandlord. f. Other: This defense entitles me to possession. Where this is raised as a counterclaim, this entitles me to onetothreetimestherent(calculatedatthefullcontractrentfortenantswithsubsidies)ormy actual damages, whichever is greater. 22. Iamentitledtoapresumptionofretaliationbecausethelandlordtookactionagainstme within6monthsofanyoftheabove(listedin21bthrough21f). Booklet 3 5

6 Defense Discrimination Mass.Gen.Lawsc.239;c.151B; Federal Fair Housing Act; Americans With Disabilities Act; and/or Section 504 of the Rehabilitation Act Counterclaimwheretenancyisterminatedfornonpaymentofrentorwithoutfault 23. Mylandlordhasdiscriminatedagainstmeand/oramemberofmyhouseholdbasedon: Familystatus(havingchildren) Race NationalOrigin Age Religion Disability PublicorRentalAssistance SexualOrientation Gender MaritalStatus Veteran sstatus Other: 24. Iand/oramemberofmyhouseholdhaveamentaland/orphysicaldisabilityandthe landlord has failed to make reasonable accommodation(s) for the disability. 25. Iand/oramemberofmyhouseholdhaveamentaland/orphysicaldisabilityandIam requesting reasonable accommodation(s). Defense Tenant Not Responsible for Alleged Behavior 26. Iamatenantinstatepublichousingandthelandlordisevictingmeforthealleged behaviorofahouseholdmember,guest,orsomeoneoverwhomihadnocontrol.idid notbreachmytenancyagreementorbreachanylawbecauseihadnowaytocontrolorno reason to know about the alleged behavior. Defense Tenant Should Not Lose His/Her Apartment (Avoidance of Forfeiture) 27. Basedonprinciplesofequityandfairness,itisunfairtoevictme. Ifyouarebeingevictedfor fault (thelandlordclaimsyoudid something wrong other than not paying your rent), skip questions#28-67, thengodirectlyto#68andcompletetherestoftheform. If you are not being evicted for fault, complete#28-46, thengodirectlyto#68andcompletetherestoftheanswer. READ THIS BOX If you are being evicted for fault after a foreclosure, skipquestions#28-50,godirectlyto#51andcompleterestoftheform. If you are not being evicted for fault after a foreclosure, complete#28totheendoftheform. 6 Booklet 3

7 Defense and Counterclaim BadConditionsinMyHomeandOtherClaims Mass. Gen. Laws c. 239, 8A; c. 93A; and/or Implied Warranty of Habitability 28. Ihaveadefenseandcounterclaimbecauseofpastorpresentproblemsinoraroundmy homethatthelandlordkneworshouldhaveknownabout,includingbutnotlimitedtothe following: cockroaches,otherinsects,miceorrats defectiveorleakywindows waterentryorleakage defectiveceilings,walls,orfloors leadpaint problemswithheatand/orhotwater defectivelocksorsecurityproblems other: 29. Thelandlordkneworshouldhaveknownaboutthebadconditionsbecause: a. Itoldthelandlordorally. b. Itoldthelandlordinwriting. c. ThelandlordwasnotifiedbyInspectionalServices,BoardofHealth,housingagency, or another entity or person(s). d. AllorsomeoftheconditionsexistedwhenImovedin. e. Allorsomeoftheconditionsexistedwhenthelandlordpurchasedtheproperty. f. Other: Iamentitledtodamagesforthereducedvalueofmyhome,calculatedasthedifferencebetween: (a)thefullmarketrentalvalueofmyapartmentingoodcondition,and(b)thereducedvalueofmy apartment in its bad condition.(if the rent is subsidized, the damages are calculated based on the full rental valueandnotjustthetenant sshare.)iamalsoentitledtodamagesforanyotherlosses,injuries,or expenses resulting from bad conditions. Defense& Counterclaim Violation of the Security Deposit Law Mass.Gen.Lawsc.239, 8A;c.186, 15B;and/orc.93A 30. Ipaidasecuritydepositof$ tomycurrent/former(circlewhichone)landlord. 31. Thelandlordviolatedthesecuritydepositlawby: a. Notputtingitinaseparatebankaccount,entitlingmetothreetimesthedepositand interestattherateof5%. b. Notpayingordeductingfrommyrentyearlyinterest,entitlingmetothreetimesthe interest owed on the deposit. c. Notgivingmetherequiredreceiptsandstatementsofconditions,entitlingmeto$25 for each of these violations. d. Nottakingresponsibilityforthesecuritydeposit,whichIpaidtothepriorlandlord, entitling me to three times the deposit and accrued interest. Booklet 3 7

8 Defense& Counterclaim Last Month s Rent Mass.Gen.Lawsc.239, 8A;c.186, 15B;and/orc.93A 32. Ipaidlastmonth srentof$ tomycurrent/former(circlewhichone)landlordand mylandlordhasnotpaidmeyearlyinterestorgivenmerentcreditforthisinterest, entitling me to three times the amount of interest owed. Defense& Counterclaim Interference with Utilities and Use of Home (or Breach of Quiet Enjoyment) Mass.Gen.Lawsc.239, 8A;c.186, 14;and/orc.93A 33. Thelandlorddidthefollowing: a. Didnotprovideadequateheat. b. Didnotprovideadequatehotwater. c. Didnotpayforutilitiesthatwerethelandlord sresponsibility. d. Shutoffmyutilities. e. Lockedmeoutofmyapartment. f.. Putmypossessionsoutwithoutacourtorder. g. Allowedbadconditionstoexistinmyapartment. h. Enteredmyapartmentwithoutmypermissionand/ornotice. i. Interferedwithmyrighttoenjoymyhomeby: 34. Ihavebeenbilledforheatand/orhotwaterandthelandlordandIdidnothaveawritten agreement requiring that I would pay for these utilities. This defense and counterclaim entitlesmetodamagesunderg.l.c.186, 14,andc.93A. 35. Ihavebeenbilledforelectricityand/orgasandthelandlordandIdidnothaveawritten agreement requiring that I would pay for these utilities. This defense and counterclaim entitlesmetodamagesunderg.l.c.186, 14,and/orc.93A. 36. Ihavebeenbilledforgas,oiland/orelectricitythatgotootherpeople sapartmentsor common areas(such as hallways, stairways, basements, or porches). This defense and counterclaim entitles me to damages under G.L. c. 186, 14, and/or c. 93A. This defense and counterclaim entitles me to three times the rent(calculated at the full contract rent for tenants with subsidies) or my actual damages, whichever is greater. Defense& Counterclaim Rent Liability in Public and Subsidized Housing 37. Thehousingauthorityisresponsibleforrent. 38. Thehousingauthoritystoppedpaymentstothelandlordbecauserepairswerenotmade. 39. Thehousingauthority/ownerfailedtoproperlycalculaterentortoadjusttherent,and therefore I am entitled to a recalculation of rent. 40. Thelandlordchargedmerentinexcessoftheamountapprovedbythehousingagency. 8 Booklet 3

9 Defense& Counterclaim Violation of the Consumer Protection Law Mass.Gen.Lawsc.239, 8A,and/orc.93A 41. ThelandlordissubjecttoG.L.c.93A,andeachoftheactsstatedinthis Answer/Counterclaims was unfair and/or deceptive. This pleading is a demand for a reasonable settlement offer. 42. Thelandlordactedinthefollowingadditionalunfairordeceptiveways: a. Thelandlordchargedmelatefeesbeforemyrentwasthirtydayslate. b. ThelandlordchargedarentamountthatIneveragreedtopay. c. Thelandlordchargedmeconstableorcourtfeesunlawfully. d. Thereareunlawfultermsinmylease. e. Other: Therefore, under G.L. c. 93A, I am entitled to statutory damages for each violation, or actual damages(doubled or trebled because the landlord s conduct was willful and knowing), whichever is greater. Other Defenses& Counterclaims 43. MyrentispaidbytheDepartmentofTransitionalAssistancethroughvendorpayments; therefore, I had no control over nonpayment of the rent. 44. Ihaveexercisedmyrightsundertherepairanddeductstatute(G.L.c.111, 127L). 45. ThelandlordrequiredmetopayforwaterinviolationofG.L.c.186, Ihaveotherdefensesorcounterclaimsasfollows: Evictions after Foreclosure Defenses& Counterclaims No just cause to evict tenants from properties when plaintiff is a bank or other foreclosing owner Mass.Gen.Lawsc.186A, 2;c.186, 14;andc.93A 47. IamabonafidetenantentitledtotheprotectionsofG.L.c.186A. 48. Becausetheplaintiffdoesnothavejustcausetoevictmeandthereisnobindingpurchase andsaleagreementonthepropertyasrequiredbyg.l.c.186a, 2,thiscaseshouldbe dismissed. 49. Theplaintiff sserviceofanoticetoquitorotheractionstoforcemetovacatethe premises without just cause or without a contract for sale on the property violate G.L.c.186A, 2;c.186, 14;andc.93A. 50. ThisdefenseandcounterclaimentitlesmetopossessionanddamagesunderG.L.c.186, 14, and/or c. 93A. Booklet 3 9

10 Defense& Counterclaim FailuretocomplywithnoticeprovisionsofMass.Gen.Lawc.186A when plaintiff is a bank or other foreclosing owner Mass.Gen.Lawsc.186A, 3and 4;c.186, 14;andc.93A 51. IamabonafidetenantentitledtotheprotectionsofG.L.c.186A. 52. Within30daysofforeclosure,theplaintiffdidnotpost,deliverorslideundermydoora notice giving the plaintiff s contact information and information about who to call for repairsinviolationofg.l.c.186a, 3and TheplaintiffservedmewithaNoticetoQuitlessthan30daysafteritpostedanddelivered the required contact information in violation of G.L. c. 186A, 3 and Theplaintiffdidnotprovidemewithawrittennoticeaboutmyrighttoacourthearingin violationofg.l.c.186a, 3and TheplaintiffdidnotgivemewrittennoticeclaimingthatIhadsubstantiallyviolatedmy leaseortenancyinviolationofg.l.c.186a, Theplaintiffdidnotgiveme30daystocuretheclaimthatIsubstantiallyviolatedmylease ortenancyinviolationofg.l.c.186a, Theplaintiffdidnotinformmeoftheamountofmonthlyrentitclaimsandtowhomthe rentshouldbepaidinviolationofg.l.c.186a, 3and BecausetheplaintiffdidnotcomplywiththenoticerequirementsofG.L.c.186A, 3and 4, this case should be dismissed. 59. ThisdefenseandcounterclaimentitlesmetopossessionanddamagesunderG.L.c.186, 14,and/orG.L.c.93A. Defense& Counterclaim Failure to comply with the federal Protecting Tenants at Foreclosure Act of 2009 The federal Protecting Tenants at Foreclosure Act of 2009, Pub. L , Div A, TitleVII, ,May20,2009,123Stat.1660( PTFA );Mass.Gen.Lawsc andc.93A 60. Iamabonafidetenantentitledtotheprotectionsof 702ofPTFA. 61. PTFArequiresthattheplaintiffgivemeeithera90-daynoticetovacateoruntiltheendof the remaining term of my lease to vacate, whichever is longer. 62. Theplaintiffservedmewitha -daynoticetoquiton. 63. Ihavealeasethatendson. 64. BecausetheNoticetoQuitviolatesthePTFA,thiscaseshouldbedismissed. 65. Theplaintiff sactsinviolationoftheptfaalsoviolatemyrighttoquietenjoymentunder G.L.c.186, 14andareunfairanddeceptiveunderG.L.c.93A. 66. ThisdefenseandcounterclaimentitlesmetopossessionanddamagesunderG.L.c.186, 14,and/orG.L.c.93A. Defense For post-foreclosure tenants and owners: Plaintiff has no standing/no superior right to possession 67. Theplaintiff scaseshouldbedismissedbecauseitdoesnothavepropertitletothe property and therefore does not have standing to bring this action and/or cannot prove a superior right to possession of the premises. Wayne Inv. Corp. v. Abbott, 350 Mass. 775 (1966)(titledefectscanberaisedasdefenseinsummaryprocess);G.L.c.239, 1 (summary process available to plaintiff only if foreclosure carried out according to law). 10 Booklet 3

11 WHATIWANTTHECOURTTODO 68. Onallclaimsanddefenses,awardmepossessionofmyapartment. 69. Onallclaimsanddefenses,awardmemoneydamages,costs,attorney sfees(where applicable), and such other relief as is just and proper. 70. Other: TheCourtShouldAllowMetoStayinMyHome Mass.Gen.Lawsc.239, 8A(5thpara.) 71. Themoneyowedtomeonthecounterclaimslistedaboveisgreaterthantheamountof rentowed,therebyentitlingmetokeeppossessionofmyhome.thisappliestoboth nonpayment and no-fault evictions. 72. IrequestthatthecourttellmehowmuchIoweforpurposesofcure.Ifthecourtfinds thatiowethelandlordmorerentthanhe/sheowesmeformycounterclaims,iclaimmy righttokeeppossessionofmyhomebypayingthecourtclerkthisamountwithinone weekofreceivingnoticeoftheamountduefromthecourt. The Court Should Order the Landlord to Make Repairs Mass.Gen.Lawsc.239, 8A(4thpara.),and/orc.111, 127I 73. Irequestthecourttoorderthelandlordtocorrectthedefectiveconditionsinmyhome. The Court Should Order the Landlord to Make Reasonable Accommodations Federal Fair Housing Act; Americans With Disabilities Act; Section 504 and/ormass.gen.lawsc.151b 74. Iand/oramemberofmyhouseholdhaveamentaland/orphysicaldisabilityandIrequest the court to order the landlord to make reasonable accommodation(s) for the disability, including, but not limited to, stopping or postponing the eviction and/or allowing me to remaininmyhome. TheCourtShouldFindThatIWasNotAtFault 75. ThecourtshouldfindthatthelandlordhasnotprovedthatIwasatfault.Thisisafault eviction case in which the landlord claimed I did something wrong, other than nonpayment of rent. The landlord did not prove that I did anything serious enough to justify eviction; therefore, the court should award me possession of my home. Booklet 3 11

12 TheCourtShouldAllowMeMoreTimetoMove Mass.Gen.Lawsc.239, Ifthecourtawardspossessiontothelandlord,Ineedtimetomove.(Thecourtmayaward uptooneyearforahouseholdwithanelderlyordisabledperson,oruptosixmonthsfor any other tenant.) a. Iamand/oramemberofmyhouseholdiselderly(over60)ordisabled. b. Thecourtshouldalsoconsidermysituationasfollows: RequestforaJuryTrial PartI,ArticleXVoftheMass.Constitution;USPR8; andmass.gen.lawsc.218, 19B Iclaimmyrighttoatrialbyjury.(Jurytrialsareavailableinallcourts.) IherebycertifythatIdeliveredormailed(circlewhichone)acopyofthisAnswertothelandlord orhis/herlawyeron (date). NotetoTenants:ThisAnswermustbefiledincourtANDacopyreceivedbyyourlandlord, orbyhis/herlawyerifrepresented,onorbeforethefirstmondayaftertheentrydate listed on the Summons and Complaint. Signature of Tenant(s) Signature of Tenant(s) Tenant(s) Name(s)(print) Tenant(s) Name(s)(print) NotetoTenants:EachTenantnamedasaDefendantintheComplaintMUSTsignthis AnswerorfileaseparateAnswerinordertoprotecthis/herownrights. Address Apt. No. City State Zip Telephone Number Date 12 Booklet 3

Representing Yourself in an

Representing Yourself in an Representing Yourself in an Discovery Eviction Case Discovery is a way to get information from your landlord to help you prove your case. When you request Discovery, your landlord must answer questions

More information

The form in this booklet lets you ask the court to postpone when the landlord can get an Execution and to allow you more time to find new housing.

The form in this booklet lets you ask the court to postpone when the landlord can get an Execution and to allow you more time to find new housing. Stay Representing Yourself in an Eviction Case Need Time to Move? If you lost your eviction case or agreed in court to a judgment to move out and you need more time to move, you can ask a judge to postpone

More information

New York State Housing Issues Legal Resource Guide

New York State Housing Issues Legal Resource Guide This material is provided to answer general questions about the law in New York State. The information and forms were created to assist readers with general issues and not specific situations, and, as

More information

Chapter 8: Introduction to the Eviction Process

Chapter 8: Introduction to the Eviction Process Chapter 8: Introduction to the Eviction Process A. What do I do if I am facing eviction? You should take the following steps: Get legal help as soon as possible. If you have a lease agreement, a document

More information

When Can a Landlord Evict... 3 1. Tenants with Leases 2. Tenants without Leases

When Can a Landlord Evict... 3 1. Tenants with Leases 2. Tenants without Leases Chapter 13 Evictions Legal Tactics: Tenants Rights in Massachusetts Seventh Edition, Revised May 2014 When Can a Landlord Evict... 3 1. Tenants with Leases 2. Tenants without Leases When Is Eviction Illegal...

More information

Section 1: The Eviction Process. Section 2: Eviction Answer Packet. Section 3: Eviction Answer and Counterclaim Packet

Section 1: The Eviction Process. Section 2: Eviction Answer Packet. Section 3: Eviction Answer and Counterclaim Packet Section 1: The Eviction Process Section 2: Eviction Answer Packet Section 3: Eviction Answer and Counterclaim Packet Section 4: Possession Bond Hearing Request Packet!! "#!! "$%&%"'! (!(!!!!!!") $# (!(!!((

More information

INFORMATION FOR LANDLORDS

INFORMATION FOR LANDLORDS NEW JERSEY JUDICIARY INFORMATION FOR LANDLORDS Superior Court of New Jersey Law Division Special Civil Part Landlord/Tenant Section Information for Landlords page 1 Most disputes between landlords and

More information

Your Rights as a Tenant

Your Rights as a Tenant Your Rights as a Tenant This handbook has been prepared for you by RHODE ISLAND LEGAL SERVICES, INC. 2007 For more information, please call the office nearest you or visit our website at www.rils.org.

More information

Landlord s Legal Guide to Renting in Illinois

Landlord s Legal Guide to Renting in Illinois Landlord s Legal Guide to Renting in Illinois TRISTAN & CERVANTES 30 W. MONROE STREET, SUITE 630 CHICAGO, IL 60603 312-345- 9200 www.tristancervantes.com Welcome to Tristan & Cervantes Tristan & Cervantes

More information

FAQ for Tenants & Their Attorneys. 1. How much notice must California tenants receive if evicted because of foreclosure?

FAQ for Tenants & Their Attorneys. 1. How much notice must California tenants receive if evicted because of foreclosure? FAQ for Tenants & Their Attorneys 1. How much notice must California tenants receive if evicted because of foreclosure? Answer: Usually 90 days. CCP 1161b(a) provides that a tenant or subtenant in possession

More information

Foreclosure Information for Tenants 1

Foreclosure Information for Tenants 1 Foreclosure Information for Tenants 1 1. I just found out my building is in foreclosure, what should I do? The first thing to do when you get notice that your home is in foreclosure is to send a copy of

More information

How Much Rent Can a Landlord Charge... 45. Paying Rent... 45 1. Tenants at Will and Tenants with Leases 2. Tenants at Sufferance

How Much Rent Can a Landlord Charge... 45. Paying Rent... 45 1. Tenants at Will and Tenants with Leases 2. Tenants at Sufferance Chapter 5 Rents Legal Tactics: Tenants' Rights in Massachusetts Seventh Edition, July 2008 How Much Rent Can a Landlord Charge... 45 Paying Rent... 45 1. Tenants at Will and Tenants with Leases 2. Tenants

More information

Legal Aid of North Carolina

Legal Aid of North Carolina LANDLORD/TENANT LAW Landlord-Tenant Laws Table of Contents Legal Aid of North Carolina Greensboro Office 122 North Elm Street Suite 700 Greensboro, NC 27401 Legal Aid of North Carolina Greensboro Office

More information

TENANTS AND FORECLOSURE: QUESTIONS AND ANSWERS ABOUT RIGHTS FOR LOUISVILLE RENTERS

TENANTS AND FORECLOSURE: QUESTIONS AND ANSWERS ABOUT RIGHTS FOR LOUISVILLE RENTERS TENANTS AND FORECLOSURE: QUESTIONS AND ANSWERS ABOUT RIGHTS FOR LOUISVILLE RENTERS The mission of the Legal Aid Society is to pursue justice for people in poverty. This booklet provides general information

More information

NEW YORK STATE BAR ASSOCIATION. Rights of Residential Owners and Tenants

NEW YORK STATE BAR ASSOCIATION. Rights of Residential Owners and Tenants NEW YORK STATE BAR ASSOCIATION Rights of Residential Owners and Tenants Caution: The information in this pamphlet is intended as a general guide for informational purposes only, not as legal advice. Special,

More information

No, you will not have to move out immediately after receiving a notice of trustee s sale or summons.

No, you will not have to move out immediately after receiving a notice of trustee s sale or summons. Tenants Rights in Foreclosure Updated June 2015 1. I just found out my rental is in foreclosure, what should I do? You should first determine the type of foreclosure. There are two types, one with court

More information

Decent Housing. is a Right. Tenants Rights. Handbook on

Decent Housing. is a Right. Tenants Rights. Handbook on Decent Housing is a Right Handbook on Tenants Rights Huntington Human Relations Commission 821 Fourth Avenue, Suite 104 Huntington, WV 25701 Phone: 304-696-5592 Fax 304-696-5573 Web: www.huntingtonhumanrelations.org

More information

Answer to Debt Collection Suit Instructions, Example, Sample Form

Answer to Debt Collection Suit Instructions, Example, Sample Form Answer to Debt Collection Suit Instructions, Example, Sample Form You will need the complaint the plaintiff filed. We have included a example Answer from Kerry Timberland to help understand these instructions.

More information

To find more about the housing or health codes that apply in your city contact your local city and county government.

To find more about the housing or health codes that apply in your city contact your local city and county government. All information contained in this pamphlet is only legal information and is not intended to replace or serve as legal advice. The law may apply differently depending on your location, individual circumstances

More information

Landlord/Tenant Frequently Asked Questions

Landlord/Tenant Frequently Asked Questions Landlord/Tenant Frequently Asked Questions What Types of Claims Are Filed? Where Do I File a Landlord/Tenant Complaint? How Do I Go About Filing a Landlord/Tenant Complaint? What Are the Filing Fees? How

More information

INSTRUCTIONS FOR FORCIBLE ENTRY AND DETAINER (FED)/EVICTION

INSTRUCTIONS FOR FORCIBLE ENTRY AND DETAINER (FED)/EVICTION INSTRUCTIONS FOR FORCIBLE ENTRY AND DETAINER (FED)/EVICTION These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to represent

More information

YOUR RIGHTS AS A TENANT

YOUR RIGHTS AS A TENANT YOUR RIGHTS AS A TENANT Under Virginia Law, tenants have certain rights when they move in, while they are renting, and before they can be evicted. The specific rights you have depend on whether or not

More information

INSTRUCTIONS FOR FORCIBLE ENTRY AND DETAINER (FED)/EVICTION FOR OWNER OCCUPIED MOBILE HOME

INSTRUCTIONS FOR FORCIBLE ENTRY AND DETAINER (FED)/EVICTION FOR OWNER OCCUPIED MOBILE HOME INSTRUCTIONS FOR FORCIBLE ENTRY AND DETAINER (FED)/EVICTION FOR OWNER OCCUPIED MOBILE HOME These standard instructions are for informational purposes only and do not constitute legal advice about your

More information

CONTESTING A SUMMARY EVICTION TENANT GENERAL INSTRUCTIONS TO PREPARE TENANT S AFFIDAVIT/DECLARATION (Refers in general to Forms #13 through #16)

CONTESTING A SUMMARY EVICTION TENANT GENERAL INSTRUCTIONS TO PREPARE TENANT S AFFIDAVIT/DECLARATION (Refers in general to Forms #13 through #16) CONTESTING A SUMMARY EVICTION TENANT GENERAL INSTRUCTIONS TO PREPARE TENANT S AFFIDAVIT/DECLARATION (Refers in general to Forms #13 through #16) HOW CAN I CONTEST A SUMMARY EVICTION? To be sure that a

More information

LANDLORDS AND TENANTS. Rent Escrow

LANDLORDS AND TENANTS. Rent Escrow LANDLORDS AND TENANTS Rent Escrow (THIS SECTION WAS NOT REVISED IN 10/04) The Landlord and Tenant Law is contained in Chapter 5321. It became effective November 4, 1974. Frequently, Forcible Entry (Chapter

More information

LANDLORD S GUIDE TO NONPAYMENT SUMMARY PROCEEDINGS

LANDLORD S GUIDE TO NONPAYMENT SUMMARY PROCEEDINGS LANDLORD S GUIDE TO NONPAYMENT SUMMARY PROCEEDINGS For Courts Outside New York City New York State Unified Court System DIVISION OF COURT OPERATIONS OFFICE OF TRIAL COURT OPERATIONS SEPTEMBER 2007 LANDLORD

More information

Southern Arizona Legal Aid, Inc. Consumer Information February 2014

Southern Arizona Legal Aid, Inc. Consumer Information February 2014 Southern Arizona Legal Aid, Inc. Consumer Information February 2014 1 Landlord & Tenant Issues Which Law Applies?» Arizona Residential Landlord Tenant Act Applies to rental units» Arizona Mobile Home Parks

More information

HOW TO ANSWER YOUR EVICTION CASE THIS HANDOUT WAS PREPARED BY LEGAL SERVICES OF GREATER MIAMI, INC.

HOW TO ANSWER YOUR EVICTION CASE THIS HANDOUT WAS PREPARED BY LEGAL SERVICES OF GREATER MIAMI, INC. HOW TO ANSWER YOUR EVICTION CASE THIS HANDOUT WAS PREPARED BY LEGAL SERVICES OF GREATER MIAMI, INC. I. INTRODUCTION You are being evicted. You use the word and you hear others use it, but what does it

More information

SMALL CLAIMS. Superior Court of New Jersey Law Division Special Civil Part Small Claims Section

SMALL CLAIMS. Superior Court of New Jersey Law Division Special Civil Part Small Claims Section SMALL CLAIMS Superior Court of New Jersey Law Division Special Civil Part Small Claims Section Small Claims page 1 T he Small Claims Section is a court in which you may sue someone (the defendant) to collect

More information

Tenants in Foreclosure: Utilizing State and Federal Protections for Tenants Being Evicted from Foreclosed Properties

Tenants in Foreclosure: Utilizing State and Federal Protections for Tenants Being Evicted from Foreclosed Properties Tenants in Foreclosure: Utilizing State and Federal Protections for Tenants Being Evicted from Foreclosed Properties Jacob Wicks Staff Attorney Housing Justice Project jacobw@kcba.org Jacob Wicks is a

More information

New Housing Rights for Victims of Domestic Violence, Rape, Sexual Assault and Stalking

New Housing Rights for Victims of Domestic Violence, Rape, Sexual Assault and Stalking New Housing Rights for Victims of Domestic Violence, Rape, Sexual Assault and Stalking Victims of domestic violence, rape, sexual assault and stalking have increased rights and protections under a new

More information

Information For Tenants. About Evictions. And the Court Process

Information For Tenants. About Evictions. And the Court Process Information For Tenants About Evictions And the Court Process Prepared By: APPALACHIAN LEGAL SERVICES Page 2 "Information About Evictions" 1-800-834-0598 "Information About Evictions" Page 3 If you have

More information

Yo u r O h i o Te n a n t Ri g h ts

Yo u r O h i o Te n a n t Ri g h ts Yo u r O h i o Te n a n t Ri g h ts O b e r l i n H u m a n R e l a t i o n s C o m m i s s i o n O b e r l i n C i t y M a n a g e r s O f f i c e C i t y o f O b e r l i n 8 5 S o u t h M a i n S t r

More information

KNOW YOUR RIGHTS! Renters in Foreclosure

KNOW YOUR RIGHTS! Renters in Foreclosure KNOW YOUR RIGHTS! Renters in Foreclosure Affordable Housing Task Force July 2009 1 TABLE OF CONTENTS A letter to renters in foreclosure......3 A message to renters in foreclosure.....4 A Quick Overview.......5

More information

The eviction process. The eviction process. Non-payment of rent

The eviction process. The eviction process. Non-payment of rent The eviction process The eviction process is the only legal means by which a landlord can get a tenant to leave their home. Landlords usually file eviction actions because of a violation of the lease terms,

More information

20 Most Frequently Asked Landlord-Tenant Questions

20 Most Frequently Asked Landlord-Tenant Questions 20 Most Frequently Asked Landlord-Tenant Questions This summary is provided by the Landlord-Tenant Commission and the City of Burbank so that residential landlords and tenants in the community are educated

More information

Civil Suits: The Process

Civil Suits: The Process Jurisdictional Limits The justice courts have exclusive jurisdiction or the authority to hear all civil actions when the amount involved, exclusive of interest, costs and awarded attorney fees when authorized

More information

EARLY CARE & EDUCATION LAW UNIT WHAT YOU NEED TO KNOW ABOUT SMALL CLAIMS COURT

EARLY CARE & EDUCATION LAW UNIT WHAT YOU NEED TO KNOW ABOUT SMALL CLAIMS COURT EARLY CARE & EDUCATION LAW UNIT Publication Date: November 2013 WHAT YOU NEED TO KNOW ABOUT SMALL CLAIMS COURT In the operation of your child care business you may encounter problems which force you to

More information

What Quality Housing Must Landlords Provide? When a Landlord Fails to Obey Housing Codes

What Quality Housing Must Landlords Provide? When a Landlord Fails to Obey Housing Codes What Quality Housing Must Landlords Provide? Florida law requires your landlord to comply with the building, housing, and health codes of the city or county where you live. Your landlord must keep your

More information

SPECIAL CIVIL A GUIDE TO THE COURT

SPECIAL CIVIL A GUIDE TO THE COURT NEW JERSEY JUDICIARY SPECIAL CIVIL A GUIDE TO THE COURT Superior Court of New Jersey Law Division Special Civil Part Special Civil A Guide to the Court page 1 Special Civil is a court of limited jurisdiction

More information

HOW TO REPRESENT YOURSELF IN CIVIL CASES IN JUSTICE COURT

HOW TO REPRESENT YOURSELF IN CIVIL CASES IN JUSTICE COURT HOW TO REPRESENT YOURSELF IN CIVIL CASES IN JUSTICE COURT If you are reading this you have either been sued in Justice Court, or you are thinking about suing someone in Justice Court. Following are the

More information

INTRODUCTION TO SMALL CLAIMS COURT TABLE OF CONTENTS

INTRODUCTION TO SMALL CLAIMS COURT TABLE OF CONTENTS INTRODUCTION TO SMALL CLAIMS COURT TABLE OF CONTENTS INTRODUCTION TO SUE OR NOT TO SUE? HOW TO FILE A SMALL CLAIMS CASE WHERE TO FILE FILING FEE NOTICE TO THE DEFENDANT COUNTERCLAIMS PREPARING FOR TRIAL

More information

Form 15: Temporary Restraining Order

Form 15: Temporary Restraining Order Form 15: Temporary Restraining Order The four forms that follow these instructions can help you file a civil complaint to ask a court for a temporary restraining order (called a "TRO" for short). A TRO

More information

NEW JERSEY JUDICIARY SMALL CLAIMS. Superior Court of New Jersey Law Division Special Civil Part Small Claims Section

NEW JERSEY JUDICIARY SMALL CLAIMS. Superior Court of New Jersey Law Division Special Civil Part Small Claims Section NEW JERSEY JUDICIARY SMALL CLAIMS Superior Court of New Jersey Law Division Special Civil Part Small Claims Section Small Claims page 1 The small claims section is a court in which you can sue a person

More information

Your Rights as a Landlord or Tenant in Illinois

Your Rights as a Landlord or Tenant in Illinois Your Rights as a Landlord or Tenant in Illinois The Self Help Legal Center Southern Illinois University School Of Law Carbondale, IL 62901 (618) 453-3217 e-mail: selfhelp@siu.edu TABLE OF CONTENTS Table

More information

What Tenants Need To Know About The Law

What Tenants Need To Know About The Law What Tenants Need To Know About The Law Does This Article Apply To You? This article is about tenants rights under the Residential Tenancies Act (RTA). The RTA applies to most rental housing in Nova Scotia

More information

MOVING IN - MOVING OUT

MOVING IN - MOVING OUT MOVING IN - MOVING OUT Renting The Lease A lease is a contract between you and the landlord, which contains the conditions of renting. (For more information about contracts, see the section As a Consumer

More information

TENANT S NOTICE TO LANDLORD OF INTENTION TO WITHHOLD RENT

TENANT S NOTICE TO LANDLORD OF INTENTION TO WITHHOLD RENT TENANT S NOTICE TO LANDLORD OF INTENTION TO WITHHOLD RENT To: Landlord s Name: Address: City, State, Zip Code: Date: This Notice is to advice you that you are in material non-compliance with the requirements

More information

The Eviction Process from Start to Finish By Steven C. Williams

The Eviction Process from Start to Finish By Steven C. Williams The Eviction Process from Start to Finish By Steven C. Williams An eviction is the general term used for terminating a tenancy and recovering possession of property. An eviction can be as simple as serving

More information

Renter's Rights. in Central New York. 2013 by the Legal Aid Society of Mid-New York, Inc. (revised 4/27/15)

Renter's Rights. in Central New York. 2013 by the Legal Aid Society of Mid-New York, Inc. (revised 4/27/15) Renter's Rights in Central New York 2013 by the Legal Aid Society of Mid-New York, Inc. (revised 4/27/15) This booklet gives you information about renter's rights in Central New York (Broome, Cayuga, Chenango,

More information

Your Rights Under the Protecting Tenants at Foreclosure Act

Your Rights Under the Protecting Tenants at Foreclosure Act Your Rights Under the Protecting Tenants at Foreclosure Act Are you a renting a house that is in foreclosure or has been foreclosed? Under the Protecting Tenants at Foreclosure Act (PTFA) a new owner needs

More information

A TENANT S GUIDE TO THE NEW YORK CITY HOUSING COURT

A TENANT S GUIDE TO THE NEW YORK CITY HOUSING COURT A TENANT S GUIDE TO THE NEW YORK CITY HOUSING COURT The Association of the Bar of the City of New York Housing Court Public Service Projects Committee and The Civil Court of the City of New York Fern A.

More information

CITY OF RALEIGH COMMUNITY SERVICES DEPARTMENT

CITY OF RALEIGH COMMUNITY SERVICES DEPARTMENT A Publication of the City of Raleigh Fair Housing Hearing Board Tenants Rights And A Handbook Obligations CITY OF RALEIGH COMMUNITY SERVICES DEPARTMENT The authors of this handbook gratefully acknowledge

More information

A Guide to the Arizona Residential Landlord and Tenant Act Frequently asked questions and answers

A Guide to the Arizona Residential Landlord and Tenant Act Frequently asked questions and answers A Guide to the Arizona Residential Landlord and Tenant Act Frequently asked questions and answers This booklet contains typical landlord and tenant questions and answers, along with relevant statute sections.

More information

Sample Letters to the Landlord

Sample Letters to the Landlord Sample Letters to the Landlord IMPORTANT: This is an excerpt from the 2010 Landlord-Tenant Law in Oregon booklet on www.oregonlawhelp.org. It is for general educational use only. It is not a substitute

More information

Eviction Process. Honorable Sandra Tristano Circuit Court of Cook County District 3, 2121 Euclid Ave., Rolling Meadows, Room 206

Eviction Process. Honorable Sandra Tristano Circuit Court of Cook County District 3, 2121 Euclid Ave., Rolling Meadows, Room 206 Eviction Process Honorable Sandra Tristano Circuit Court of Cook County District 3, 2121 Euclid Ave., Rolling Meadows, Room 206 The Lease The Lease 1. Clear and Definite Terms 2. Lease Time Period, Amount

More information

How to Get Your Landlord To Make Repairs... Rent Escrow

How to Get Your Landlord To Make Repairs... Rent Escrow How to Get Your Landlord To Make Repairs... Rent Escrow TABLE OF CONTENTS Residential Landlords Duties...2 What to do if Your Landlord Will Not Make Repairs...3 First.... Give Written Notice to Your Landlord...3

More information

By MARY WECHTER, Deputy Clerk. and the following proceedings were had: notice given per section CCP 664.5:

By MARY WECHTER, Deputy Clerk. and the following proceedings were had: notice given per section CCP 664.5: SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES WEST DISTRICT, SANTA MONICA COURTHOUSE (19484 1725 MAIN STREET, SANTA MONICA, CA 90401 TELEPHONE: (310 260-1887 PNMAC MORTAGE vs. STANKO, KAMIE Case

More information

HOW TO FILE AN ANSWER TO A CIVIL COMPLAINT FOR BREACH OF AN AGREEMENT (CONTRACT)

HOW TO FILE AN ANSWER TO A CIVIL COMPLAINT FOR BREACH OF AN AGREEMENT (CONTRACT) SUPERIOR COURT OF STANISLAUS COUNTY SELF HELP CENTER HOW TO FILE AN ANSWER TO A CIVIL COMPLAINT FOR BREACH OF AN AGREEMENT (CONTRACT) (THIS GUIDE ONLY APPLIES TO LAWSUITS INVOLVING $25,000.00 OR LESS)

More information

Massachusetts Law Reform Institute 99 Chauncy Street, Suite 500, Boston, MA 02111-1703

Massachusetts Law Reform Institute 99 Chauncy Street, Suite 500, Boston, MA 02111-1703 Massachusetts Law Reform Institute 99 Chauncy Street, Suite 500, Boston, MA 02111-1703 PHONE 617-357-0700 # FAX 617-357-0777 # www.mlri.org Summary of Tenant Protection Provisions in New Massachusetts

More information

Limited Action Suits

Limited Action Suits In General: What is a limited action suit? Per chapter 61, Limited Action cases in Kansas are civil cases where the dollar amount does not exceed $25,000.00, unless it is an unsecured debt, in which case

More information

Landlord-Tenant Law. Neighborhood Legal Services Association

Landlord-Tenant Law. Neighborhood Legal Services Association Landlord-Tenant Law Neighborhood Legal Services Association Definitions Lease an agreement between a landlord and a tenant in which the landlord agrees to rent space and the tenant agrees to pay rent.

More information

New Jersey Department of Community Affairs Division of Codes and Standards Landlord-Tenant Information Service

New Jersey Department of Community Affairs Division of Codes and Standards Landlord-Tenant Information Service New Jersey Department of Community Affairs Division of Codes and Standards Landlord-Tenant Information Service GROUNDS FOR AN EVICTION BULLETIN Updated February 2008 An eviction is an actual expulsion

More information

Judge Steve Seider Justice of the Peace Precinct 3, Place 2 Dallas County, Texas

Judge Steve Seider Justice of the Peace Precinct 3, Place 2 Dallas County, Texas NEW JUSTICE COURT RULES & JUSTICE COURT APPEALS Judge Steve Seider Justice of the Peace Precinct 3, Place 2 Dallas County, Texas SSeider@DallasCounty.Org Office: (214) 904 3046 Cell: (972) 839 1487 Learning

More information

Guide to Landlord/Tenant Rights

Guide to Landlord/Tenant Rights The Attorney General s Guide to Landlord/Tenant Rights Commonwealth of Massachusetts Office of Attorney General August 2015 Guide to Landlord/Tenant Rights Massachusetts Attorney General s Office Dear

More information

Missouri Small Claims Court Handbook. The Missouri Bar Young Lawyers' Section

Missouri Small Claims Court Handbook. The Missouri Bar Young Lawyers' Section Missouri Small Claims Court Handbook The Missouri Bar Young Lawyers' Section TABLE OF CONTENTS I. INTRODUCTION TO THE SMALL CLAIMS COURT...1 Page II. THINGS TO CONSIDER BEFORE BRINGING A CLAIM...1 A. WHO

More information

OVERVIEW OF OHIO LANDLORD-TENANT LAW RIGHTS AND DUTIES OF LANDLORDS AND TENANTS

OVERVIEW OF OHIO LANDLORD-TENANT LAW RIGHTS AND DUTIES OF LANDLORDS AND TENANTS OVERVIEW OF OHIO LANDLORD-TENANT LAW RIGHTS AND DUTIES OF LANDLORDS AND TENANTS 50 South Court St. Suite D Athens, OH 45701 Phone: (740) 594-8093 www.studentlegalrights.org WHO WE ARE The Center for Student

More information

NEW YORK STATE BAR ASSOCIATION. LEGALEase. Rights of Residential Owners and Tenants SAMPLE

NEW YORK STATE BAR ASSOCIATION. LEGALEase. Rights of Residential Owners and Tenants SAMPLE NEW YORK STATE BAR ASSOCIATION LEGALEase Rights of Residential Owners and Tenants Caution The information in this pamphlet is intended as a general guide for informational purposes only, not as legal advice.

More information

The Tenant s Handbook

The Tenant s Handbook The Tenant s Handbook INTRODUCTION This booklet attempts to provide you with an overview of your rights and responsibilities as a tenant under Florida Law. This information will help you in taking the

More information

Tenants & Foreclosure: Protect Yourself

Tenants & Foreclosure: Protect Yourself Tenants & Foreclosure: Protect Yourself Legal Tactics: Tenants Rights in Massachusetts April 2015 How Foreclosure Works... 2 What to Do First... 3 1. Keep Paying Rent...3 Find Out Who the Owner Is...4

More information

Small Claims: The Process in Detail

Small Claims: The Process in Detail What is a small claims division? Every justice court in Arizona has a small claims division to provide an inexpensive and speedy method for resolving most civil disputes that do not exceed $2,500. All

More information

Utah Eviction Training

Utah Eviction Training Utah Eviction Training Presented dby Attorney Jeremy Shorts www.utahevictionlaw.com info@utahevictionlaw.com 801-610-9879 You ll be hearing PLENTY of free legal advice & war stories To start Don t rent

More information

Home Mortgage Foreclosures in Maine

Home Mortgage Foreclosures in Maine Home Mortgage Foreclosures in Maine Find more easy-to-read legal information at www.ptla.org Important Note: This is very general information about home mortgage and foreclosure rules in Maine. It is not

More information

Information for Residential Tenants

Information for Residential Tenants New Jersey Judiciary Information for Residential Tenants Superior Court of New Jersey Law Division Special Civil Part Landlord/Tenant Section Information for Residential Tenants page 1 In New Jersey, you

More information

LANDLORDS AND TENANTS IN THE DISTRICT COURT OF MARYLAND. (Sections 8-118, 8-211, and 8-401 of the Real Property Article, Maryland Annotated Code)

LANDLORDS AND TENANTS IN THE DISTRICT COURT OF MARYLAND. (Sections 8-118, 8-211, and 8-401 of the Real Property Article, Maryland Annotated Code) Rent Court Process in Baltimore City and the State of Maryland is explained in a brochure published by the District Court of Maryland, the text of which follows:. LANDLORDS AND TENANTS IN THE DISTRICT

More information

a Massachusetts consumer guide to tenant rights and responsibilities ConsumerAffairs& BusinessRegulation

a Massachusetts consumer guide to tenant rights and responsibilities ConsumerAffairs& BusinessRegulation a Massachusetts consumer guide to tenant rights and responsibilities ConsumerAffairs& BusinessRegulation Finding an apartment. Finder s Fee Only a licensed real estate broker or salesperson can charge

More information

SANTA ROSA COUNTY, FLORIDA LANDLORD/TENANT MOBILE HOME EVICTION PACKET COST: $5.00. Purchase price is non-refundable.

SANTA ROSA COUNTY, FLORIDA LANDLORD/TENANT MOBILE HOME EVICTION PACKET COST: $5.00. Purchase price is non-refundable. SANTA ROSA COUNTY, FLORIDA LANDLORD/TENANT MOBILE HOME EVICTION PACKET COST: $5.00 Purchase price is non-refundable. 1 LANDLORD/TENANT EVICTION PACKET FOR MOBILE HOME PARK OWNERS Available in our office

More information

-related criminal activity or other criminal activity that is a threat to the life, safety or property of others

-related criminal activity or other criminal activity that is a threat to the life, safety or property of others Welcome to the Central Virginia Housing Coalition (CVHC) Landlord Briefing. The information that follows is intended to help you as an owner decide if you want to become a participating landlord in the

More information

Q1 What are the types of tenancies?... 3 Q2 Are there advantages and disadvantages to the different types of tenancies?... 4

Q1 What are the types of tenancies?... 3 Q2 Are there advantages and disadvantages to the different types of tenancies?... 4 A Practical Guide Dear Friend: This booklet is designed to inform tenants and landlords about their rights and responsibilities in rental relationships. It serves as a useful reference complete with the

More information

EARLY CARE & EDUCATION LAW PROJECT WHAT YOU NEED TO KNOW ABOUT SMALL CLAIMS COURT

EARLY CARE & EDUCATION LAW PROJECT WHAT YOU NEED TO KNOW ABOUT SMALL CLAIMS COURT EARLY CARE & EDUCATION LAW PROJECT Publication Date: May 2010 WHAT YOU NEED TO KNOW ABOUT SMALL CLAIMS COURT In the operation of your child care business you may encounter problems which force you to go

More information

and Landlords a practical guide

and Landlords a practical guide Tenants and Landlords a practical guide Dear Friend: This booklet is designed to inform tenants and landlords about their rights and responsibilities in rental relationships. It serves as a useful reference

More information

Wisconsin Consumer Protection Laws

Wisconsin Consumer Protection Laws Wisconsin Consumer Protection Laws Landlord-Tenant Practices Unfair Rental Practices The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) regulates unfair and deceptive business

More information

Your Rights! Protecting Yourself against Unsafe Living Conditions and Evictions

Your Rights! Protecting Yourself against Unsafe Living Conditions and Evictions Your Rights! Protecting Yourself against Unsafe Living Conditions and Evictions Disability Rights California, Investigations Unit 1330 Broadway, Suite 500 Oakland, CA 94612 800-776-5746 www.disabilityrightsca.org

More information

1 Deciding How to Respond to the Complaint Answering, settling or defaulting

1 Deciding How to Respond to the Complaint Answering, settling or defaulting Superior Court, County of Ventura Self-Help Legal Access Center DEFENDING LAWSUITS FOR BREACH OF CONTRACT OR COLLECTION OF MONEY (COMMON COUNT) 1 Deciding How to Respond to the Complaint Answering, settling

More information

YOU AND YOUR LANDLORD

YOU AND YOUR LANDLORD YOU AND YOUR LANDLORD A ST. LOUIS AREA GUIDE TO TENANT RESPONSIBILITIES AND RIGHTS Log onto https://www.courts.mo.gov/casenet/base/welcome.do for direct access to court records involving landlord-tenant

More information

SOUTH CAROLINA BAR. Tenants Rights and the Law

SOUTH CAROLINA BAR. Tenants Rights and the Law SOUTH CAROLINA BAR Tenants Rights and the Law YOUR AGREEMENT TO RENT The rental agreement should include the amount of rent, the date of the payment and the rights and obligations of the tenant and the

More information

ILLINOIS OFFICIAL REPORTS

ILLINOIS OFFICIAL REPORTS ILLINOIS OFFICIAL REPORTS Appellate Court Fifth Third Mortgage Co. v. Foster, 2013 IL App (1st) 121361 Appellate Court Caption FIFTH THIRD MORTGAGE COMPANY, Plaintiff-Appellee, v. TAMARA FOSTER, Defendant-Appellant.

More information

What to Expect When You re Expecting A Lawsuit

What to Expect When You re Expecting A Lawsuit What to Expect When You re Expecting A Lawsuit Jennifer G. Hall Meadowbrook Office Park 4268 I-55 North Jackson, MS 39211 601.351.2483 jhall@bakerdonelson.com What can Trigger a Lawsuit? Anything and everything

More information

Lawyers Committee for Better Housing: Tenants in Foreclosure Training. Association of Corporate Counsel & Morgan Lewis May 22, 2014

Lawyers Committee for Better Housing: Tenants in Foreclosure Training. Association of Corporate Counsel & Morgan Lewis May 22, 2014 Lawyers Committee for Better Housing: Tenants in Foreclosure Training Association of Corporate Counsel & Morgan Lewis May 22, 2014 About LCBH Founded in Rogers Park in 1980 Believes that all persons have

More information

FOR USE IN THE MARION COUNTY SMALL CLAIMS COURTS

FOR USE IN THE MARION COUNTY SMALL CLAIMS COURTS LITIGANTS MANUAL FOR USE IN THE MARION COUNTY SMALL CLAIMS COURTS The Indiana General Assembly created the Marion County Small Claims Courts and provided that litigants may try their cases in such courts

More information

Chapter 11. Resources

Chapter 11. Resources Rental Law and the Eviction Process (Forcible Entry and Detainer) In Illinois, the law which defines the process of eviction in this state is known as the Forcible Entry and Detainer Act. The Forcible

More information

YOU AND YOUR LANDLORD

YOU AND YOUR LANDLORD YOU AND YOUR LANDLORD A ST. LOUIS AREA GUIDE TO TENANT RESPONSIBILITIES AND RIGHTS Log onto https://www.courts.mo.gov/casenet/base/welcome.do for direct access to court records involving landlord-tenant

More information

PINAL COUNTY INSTRUCTIONS AND FORMS

PINAL COUNTY INSTRUCTIONS AND FORMS Revised 07.27.15 BLANK CIVIL PACKET INSTRUCTIONS AND FORMS Provided as a Public Service by Amanda Stanford Clerk of the Superior Court Name of Person Filing: Street Address: City, State, Zip Code: Telephone

More information

at Foreclosure Act: Keeping Tenants in the Loop and in Their Homes

at Foreclosure Act: Keeping Tenants in the Loop and in Their Homes The Protecting Tenants at Foreclosure Act: Keeping Tenants in the Loop and in Their Homes By Clanitra L. Stewart Introduction Imagine that you have just received a phone call from a frantic tenant who

More information

How a Landlord Can End a Tenancy

How a Landlord Can End a Tenancy How a Landlord Can End a Tenancy Information in this brochure The Residential Tenancies Act (the Act) has rules for how a landlord can end a residential tenancy and evict a tenant. This brochure provides

More information

IN THE PAINESVILLE MUNICIPAL COURT MICHAEL A. CICCONETTI, JUDGE FORCIBLE ENTRY AND DETAINER ACTIONS/EVICTIONS

IN THE PAINESVILLE MUNICIPAL COURT MICHAEL A. CICCONETTI, JUDGE FORCIBLE ENTRY AND DETAINER ACTIONS/EVICTIONS MICHAEL A. CICCONETTI, JUDGE FORCIBLE ENTRY AND DETAINER ACTIONS/EVICTIONS You are filing an action in Forcible Entry and Detainer where you are asking the Court to evict someone from a residential or

More information

TEXAS RESIDENTIAL LANDLORD/TENANT. 3. Leases. Lease Agreement. Rick McElvaney Clinical Associate Professor University of Houston Law Center

TEXAS RESIDENTIAL LANDLORD/TENANT. 3. Leases. Lease Agreement. Rick McElvaney Clinical Associate Professor University of Houston Law Center TEXAS RESIDENTIAL LANDLORD/TENANT Rick McElvaney Clinical Associate Professor University of Houston Law Center 1. Applicable Landlord and Tenant Law * denotes 2007 changes* (NEW) denotes 2009 changes Texas

More information

If you cannot afford to hire an attorney, find out if you qualify for free legal assistance form your local legal services office.

If you cannot afford to hire an attorney, find out if you qualify for free legal assistance form your local legal services office. ABOUT THIS BOOKLET As a tenant in the state of West Virginia, you are a consumer. In return for your promise to pay rent to your landlord, you are promised your most important consumer product-your home.

More information

HOME RENTAL REHABILITATION PROGRAM

HOME RENTAL REHABILITATION PROGRAM HOME RENTAL REHABILITATION PROGRAM The Rental Rehabilitation Program The City of Amsterdam is operating a housing rehabilitation program for rental properties located anywhere within the City limits. Program

More information