All Housing/Apartments Matters

[mystrangemind.com]

Thanks for all of the help. It looks as if it will be quite easy to quickly remove the tenant under the law.

I think I'm going to give him until he gets paid again, on the 7th of next month and if he doesn't even up completely, no bs excuses, then i'm going to give a 7-day notice.

Before then I'm going to remove most of the stuff that I want to be sure to hold onto in case he has some sort of problem with it.

I don't get what the deal is with tenants around here. You bend over backwards to accomidate them, flexability on the rent collection date, flexability on the payment of bills, cheap rent and they can't even come up with a lousy 250/mo and pay their half of the other bills.

Personally, I would never expect someone who allowed me to live in their house for cheap to cover my expenses, I don't care what the excuse is. This guy isn't even willing to sacrifice his nightly booze binge to make ends meet and he is fabricating excuses, so my patience is running out.

Thanks for all of the help, I'll keep you posted as to how it turns out.

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Both sides: landlord and tenant have equal rights.

We, readers, only rely on hearsay and are not competent fact witnesses;
therefore are limited in properly assessing the situation.

The law has been quoted and a reference to its updated version.


It is presumed that data provided by you is valid, as
suspecting truthfulness without probable cause is improper.

Just be fair to your tenant, as only you have most of the facts.

I say most because you may not be aware of some circumstances
surrounding the acts of your tenant, which may be crucial.

Common sense is the key!

You would know whether you should sit down with
the tenant, look straight in the eyes and give him/her a fair opportunity
to respond if the tenant would allow you
a personal conversation or whether you gave enough chances only
to have them being neglected by the tenant.


So ask first if he/she has anything to say and/or wishes
to have that conversation instead of eviction papers being served?

If he/she objects to a conversation - do not force it so that you may not be
charged with harassing a tenant.

If he/she does not come up with a valid excuse or refuses a fair conversation,
your consciousness is clear, as your have a right
to protect your interests.

That is why it is customary to take a deposit from a tenant so that you have
some financial protection.

Whatever you do, just be fair and treat the way you wish you were
treated yourself.

Then, you would have a peace of mind and sound decision.


Good luck and may fairness prevail!


Not A Legal Advice - Just Sharing Common Sense!

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Landlord-Tenant Statutes --------------------------------------------------------------------------------

To help you research your state laws, here's a listing of landlord-tenant codes for the 50 states.
Because landlord-tenant laws vary significantly depending on where you live, it's important to check your state local laws for specifics. Here are some of the key statutes pertaining to landlord-tenant law in each state. To find these statutes, visit Nolo.com's Legal


Research Center at http://www.nolo.com/lawcenter/statute/state.cfm.

Once there, click on your state.

Alabama Ala. Code §§ 35-9-1 to -100
Alaska Alaska Stat. §§ 34.03.010 to .380
Arizona Ariz. Rev. Stat. Ann. §§ 12-1171 to -1183; §§ 33-1301 to -1381
Arkansas Ark. Code Ann. §§ 18-16-101 to -306
California Cal. [Civ.] Code §§ 1925-1954, 1961-1962.7, 1995.010-1997.270
Colorado Colo. Rev. Stat. §§ 38-12-101 to -104, -301 to -302
Connecticut Conn. Gen. Stat. Ann. §§ 47a-1 to -51
Delaware Del. Code. Ann. tit. 25, §§ 5101-7013
District of Columbia D.C. Code Ann. §§ 42-3201 to -4097, -3501.01 to -3509.03
Florida Fla. Stat. Ann. §§ 83.40-.66
Georgia Ga. Code Ann. §§ 44-7-1 to -81
Hawaii Haw. Rev. Stat. §§ 521-1 to -78
Idaho Idaho Code §§ 6-301 to -324 and §§ 55-201 to -313
Illinois Ill. Comp. Stat. ch. 765 para. 705/0.01-740/5
Indiana Ind. Code Ann. §§ 32-7-1-1 to 37-7-9-10
Iowa Iowa Code Ann. §§ 562A.1-.36
Kansas Kan. Stat. Ann. §§ 58-2501 to -2573
Kentucky Ky. Rev. Stat. Ann. §§ 383.010-.715
Louisiana La. Rev. Stat. Ann. §§ 9:3201-:3259; La. Civ. Code Ann. art. 2669-2742
Maine Me. Rev. Stat. Ann. tit. 14, §§ 6001-6046
Maryland Md. Real Prop. Code Ann., §§ 8-101 to -604
Massachusetts Mass. Gen. Laws Ann. ch. 186 §§ 1-21
Michigan Mich. Comp. Laws Ann. § 554.601-.640
Minnesota Minn. Stat. Ann. §§ 504B.001 to 504B.471
Mississippi Miss. Code Ann. §§ 89-8-1 to -27
Missouri Mo. Ann. Stat. §§ 441.005 to .880; and §§ 535.150-.300
Montana Mont. Code Ann. §§ 70-24-101 to -25-206
Nebraska Neb. Rev. Stat. §§ 76-1401 to -1449
Nevada Nev. Rev. Stat. Ann. §§ 118A.010-.520
New Hampshire N.H. Rev. Stat. Ann. §§ 540:1 to 540:29; 540-A:1-540-A:8
New Jersey N.J. Stat. Ann. §§ 46:8-1 to-49
New Mexico N.M. Stat. Ann. §§ 47-8-1 to -51
New York N.Y. Real Property Law ("RPL") §§ 220-238; Real Property Actions and Proceedings Law ("RPAPL")§§ 701-853; Multiple Dwelling Law ("MDL") all; Multiple Residence Law ("MRL") all; General Obligation Law ("GOL") §§ 7-103-108
North Carolina N.C. Gen. Stat. §§ 42-1 to 42-14.2; 42-25-6 to 42-76
North Dakota N.D. Cent. Code §§ 47-16-01 to -41
Ohio Ohio Rev. Code Ann. §§ 5321.01-.19
Oklahoma Okla. Stat. Ann. tit. 41, §§ 1-136
Oregon Or. Rev. Stat. §§ 90.100-.450
Pennsylvania Pa. Stat. Ann. tit. 68, §§ 250.101-.510-B
Rhode Island R.I. Gen. Laws §§ 34-18-1 to -57
South Carolina S.C. Code Ann. §§ 27-40-10 to -910
South Dakota S.D. Codified Laws Ann. §§ 43-32-1 to -29
Tennessee Tenn. Code Ann. §§ 66-28-101 to -520
Texas Tex. Prop. Code Ann. §§ 91.001-92.354
Utah Utah Code Ann. §§ 57-17-1 to -5, -22-1 to -6
Vermont Vt. Stat Ann. tit. 9, §§ 4451-4468
Virginia Va. Code Ann. §§ 55-218.1 to -248.40
Washington Wash. Rev. Code Ann. §§ 59.04.010-.900, .18.010-.911
West Virginia W. Va. Code §§ 37-6-1 to -30
Wisconsin Wis. Stat. Ann. §§ 704.01-.45
Wyoming Wyo. Stat. §§ 1-21-1201 to -1211; 34-2-128 to -129

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Landlord Laws

http://www.landlordsonline.com/index...38&Itemi d=74

Alabama Ala. Code Sections 35-9-1 to -100 Landlord and Tenant
Alaska Alaska Stat. Sections 34.03.010 to .380 Uniform Residential Landlord and Tenant Act
Arizona Ariz. Rev. Stat. Ann. Sections 33-1301 to -1381; Sections 12-1171 to -1183 Arizona Residential Landlord and Tenant Act; Special Actions and Proceedings Relating to Property
Arkansas Ark. Code Ann. Sections 18-16-101 to -306 Landlord and Tenant
California Cal. [Civ.] Code Sections 1940-1954.1, 1954.50-1954.535, 1961-1962.7 Hiring of Real Property; Costa-Hawkins Rental Housing Act; Identification of Property Owners
Colorado Colo. Rev. Stat. Sections 38-12-101 to -104, -301 to -302 Tenants and Landlords
Connecticut Conn. Gen. Stat. Ann. Sections 47a-1 to -51 Landlord and Tenant
Delaware Del. Code. Ann. Tit. 25, Sections 5101-7013 Residential Landlord-Tenant Code
District of Columbia D.C. Code Ann. Sections 42-3201 to -4097, -3501.01 to -3509.03
Rental Housing
Florida Fla. Stat. Ann. Sections 83.40-.66 Landlord and Tenant: Residential Tenancies
Georgia Ga. Code Ann.Sections 44-7-1 to -81 Landlord-Tenant Code
Hawaii Haw. Rev. Stat. Sections 521-1 to -78 Residential Landlord-Tenant Code
Idaho Idaho Code Sections 55-201 to -313; Sections 6-301 to -324 Estates in Real Property; Forcible Entry and Unlawful Detainer
Illinois Ill. Comp. Stat. Ch. 765, Sections 705/0.01-740/5 Landlord and Tenant
Indiana Ind. Code Ann. Sections 32-31-1-1 to 32-31-8-6 Landlord-Tenant Relations
Iowa Iowa Code Ann. Sections 562A.1-.36 Uniform Residential Landlord And Tenant Law
Kansas Kan. Stat. Ann. Sections 58-2501 to -2573 Landlords and Tenants
Kentucky Ky. Rev. Stat. Ann. Sections 383.010-.715 Landlord and Tenant
Louisiana La. Rev. Stat. Ann. Sections 9:3201-:3259; La. Civ. Code Ann. Art. 2669-2742 Leases; Lease or hire
Maine Me. Rev. Stat. Ann. Tit. 14, Sections 6021-6046 Rental Property
Maryland Md. Real Prop. Code Ann. Sections 8-101 to -604 Landlord and Tenant
Massachusetts Mass. Gen. Laws Ann. Ch. 186, Sections 1-21 Estates For Years and At Will
Michigan Mich. Comp. Laws Ann. Section 554.601-.640 Landlord and Tenant Relationships
Minnesota Minn. Stat. Ann. Sections 504B.001 to 504B.471 Landlord and Tenant
Mississippi Miss. Code Ann. Sections 89-8-1 to -27 Residential Landlord and Tenant Act
Missouri Mo. Ann. Stat. Sections 441.005 to .880; and Sections 535.150-.300 Landlord and Tenant; Landlord-Tenant Actions
Montana Mont. Code Ann. Sections 70-24-101 to -25-206 Residential Landlord and Tenant Act Of 1977
Nebraska Neb. Rev. Stat. Sections 76-1401 to -1449 Cities of the Metropolitan Class
Nevada Nev. Rev. Stat. Ann. Sections 118A.010-.520 Landlord and Tenant: Dwellings
New Hampshire N.H. Rev. Stat. Ann. Sections 540:1 to 540:29; 540-A:1-540-A:8 Actions Against Tenants; Prohibited Practices and Security Deposits
New Jersey N.J. Stat. Ann. 2A:18-61.40 to -61.52 Tenant Protection Act of 1992
New Mexico N.M. Stat. Ann. Sections 47-8-1 to -51 Owner-Resident Relations
New York N.Y. Real Property Law ("RPL") Sections 220-238; Real Property Actions and Proceedings Law ("RPAPL") Sections 701-853; Multiple Dwelling Law ("MDL") all; Multiple Residence Law ("MRL") all; General Obligation Law ("GOL") Sections 7-103-108 Landlord and Tenant; Summary proceeding to recover possession of real property; Multiple Dwelling; Multiple Residence; Money Deposited As Security To Be Held In Trust In Certain Cases
North Carolina N.C. Gen. Stat. Sections 42-1 to 42-76 Landlord and Tenant
North Dakota N.D. Cent. Code Sections 47-16-01 to -41 [PDF] Leasing of Real Property
Ohio Ohio Rev. Code Ann. Sections 5321.01-.19 Landlords and Tenants
Oklahoma Okla. Stat. Ann. Tit. 41, Sections 1-136 Landlord and Tenant
Oregon Or. Rev. Stat. Sections 90.100-.450 Residential Landlord and Tenant
Pennsylvania Pa. Stat. Ann. Tit. 68, Sections 250.101-.510-B Landlord and Tenant
Rhode Island R.I. Gen. Laws Sections 34-18-1 to -57 Residential Landlord and Tenant Act
South Carolina S.C. Code Ann. Sections 27-40-10 to -910 Residential Landlord And Tenant Act
South Dakota S.D. Codified Laws Ann. Sections 43-32-1 to -29 Lease of Real Property
Tennessee Tenn. Code Ann. Sections 66-28-101 to -520 Uniform Residential Landlord And Tenant Act
Texas Tex. Prop. Code Ann. Sections 91.001-91.006-Sections 92.001-92.354 Provisions Generally Applicable To Landlords And Tenants; Residential Tenancies
Utah Utah Code Ann.Sections 57-17-1 to -5; Sections 57-22-1 to -6 Residential Renters' Deposits; Utah Fit Premises Act
Vermont Vt. Stat Ann. Tit. 9, Sections 4451-4468 Residential Rental Agreements
Virginia Va. Code Ann. Sections 55-218.1 to -248.40 Landlord and Tenant
Washington Wash. Rev. Code Ann. Sections 59.04.010-.900, -.18.010-.911 Landlord and Tenant
West Virginia W. Va. Code Sections 37-6-1 to -30 Landlord and Tenant
Wisconsin Wis. Stat. Ann. Sections 704.01-.45 Landlord and Tenant
Wyoming Wyo. Stat. Sections 1-21-1201 to -1211; 34-2-128 to -129 Residential Rental Property; Deeds, Mortgages And Leases Generally

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http://www.nyrealestatelawblog.com/s...rch=succession

Succession Rights:
(ex: New York)

MITCHELL-LAMA OCCUPANT EVADES EVICTION
Mitchell Schorr came perilously close to being evicted from a Mitchell-Lama development known as East Midtown Plaza (EMP).Mitchell contended that he was entitled to remain in his parents' unit as a tenant in his own right but EMP didn't agree and...


Posted on September 6, 2007 08:25 AM

WANT TO SUCCEED? TRY PAYING NEW YORK TAXES!
If you are staking a "succession" claim to a regulated apartment -- that is, you are seeking to acquire a lease to the unit in your own name, you'll first need to jump some hoops and overcome a few hurdles.First off, not all occupants...


Posted on August 8, 2007 12:00 PM

WHERE WAS SHE HIDING FOR 9 YEARS?
If you’re just a “roommate” -- and not named in a lease or pay rent directly to the landlord -- the law may consider you to be a “licensee,” which means you can be evicted once the person who granted you permission...


Posted on July 26, 2007 12:00 PM

GRANDNEICE COULD NOT SUCCEED
Although we've written about it before, since we continue to receive a number of inquiries about this particular area of law, and in view of the many reported decisions on the subject, we thought we would take another look at "succession" claims made...


Posted on June 29, 2007 08:25 AM

WHEN'S A RELATIONSHIP OVER?
What's worse than losing a significant other?How about getting evicted from a regulated apartment?In 72A Realty Associates v. Kutno, the New York County Civil Court was of the opinion that Jill E. Wright had established an independent entitlement to remain in the apartment...


Posted on June 1, 2007 12:00 PM

DON'T CAPITULATE: GET A SURRENDER!
What do you do when you suspect a tenant has permanently vacated a commercial or residential space and has left others in possession (without the landlord's consent)?Without a tenant's documented surrender, it is best to make no assumptions and to...


Posted on March 29, 2007 12:00 PM

REMEMBER THE ALAMO?
Even though courts loathe meddling with "stipulations of settlement" or other agreements reached within the context of litigation, they are occasionally compelled to do so.*In a decision released on March 7, 2007, the Appellate Term, First Department, vacated an agreement made in a...


Posted on March 20, 2007 03:25 PM

IT AIN'T EASY TO SUCCEED
We're seeing lots of decisions on succession claims coming down from our appellate courts these days, and the overarching theme appears to be that it isn't easy to win them, particularly if you live somewhere else.*In Caru, LLC. v. Ramos, the Appellate Term, First Department, concluded...


Posted on February 23, 2007 12:00 PM

DISABLING DISABILITY CLAIMS
In order to stake a claim to a regulated apartment upon the death or departure of the tenant(s) of record, the remaining occupant must satisfy certain residency requirements which are reduced when the claimant is a senior citizen (62 years...


Posted on February 22, 2007 08:25 AM

AFTER SIX YEARS, GUY GETS DUMPED AND EVICTED!
Even though you may not be a member of a regulated tenant's "family" (as defined by the regulations), state law currently allows you to assert a "succession claim" to a rent-stabilized or rent-controlled unit should a protected tenant die or vacate the...


Posted on February 15, 2007 08:25 AM

HOME HEALTH AIDE LOSES SUCCESSION CASE
When a tenant dies or abandons a regulated apartment, certain family members and "significant others" are permitted to remain in the unit as tenants in their own right. According to existing regulations, in order to trigger this "succession entitlement," the tenant's spouse, children, stepchildren, parents, stepparents,...


Posted on January 30, 2007 12:00 PM

"YOU COULD HAVE LEFT ME SOMETHING!"
Regulated tenancies do not necessarily end simply because the tenant-of-record has died or relocated. Remaining family members, as defined by the governing rules, who also satisfy certain occupancy requirements, may remain in their apartments and request leases in their own...


Posted on December 28, 2006 08:25 AM

HOME ALONE!
It was late on a weekday afternoon when my assistant announced that a good friend, Ralph, was on the phone and that he "urgently" needed to speak with me. He sounded stressed and was uncharacteristically assertive."Luke," he said, "could you do...


Posted on December 25, 2006 08:25 AM

HOW COMFORTABLE WAS THAT COUCH?
You can't blame Mary Hershberger for trying to stake a succession claim to her grandmother's (below market) rent-controlled Manhattan apartment. We'd like one, too. As we have previously reported, certain family members may "succeed" to a regulated unit--that is, remain...


Posted on December 13, 2006 08:25 AM

SOME MITCHELL-LAMA OCCUPANTS JUST CAN'T SUCCEED
The regulations which govern rent-controlled and rent-stabilized units permit a surviving or remaining occupant--who was not named as tenant on the lease--to remain in the unit and to "inherit" or "succeed" to the tenant's interest in the residential space. Comparable...


Posted on October 12, 2006 08:25 AM

TENANT ALLOWED TO CHALLENGE HPD'S DECISION IN HOUSING COURT
Once an administrative agency issues a determination, a party will usually have an opportunity to appeal that decision by way of an internal review process. Once those steps have been exhausted, if one remains dissatisfied with the end result, that...


Posted on August 9, 2006 08:25 AM

FLEETING ROMANCE YIELDS NO SUCCESS(ION)
Upon the death or departure of a regulated tenant, the remaining occupants of the apartment are not necessarily subject to eviction. Delineated family members may be entitled to "succeed" to the unit--that is, remain in the apartment and receive a...


Posted on April 21, 2006 08:25 AM

[Sharing Lights]

New York

"Left-Wing" Housing Judges?

Yet the real-estate industry continues to push to make Housing Court even
more of a rubber stamp for evictions. Mayor Giuliani has been pressing for
the right to appoint Housing Court judges, claiming that the current
judges, appointed by the Administrative Judge, are "left-wing" and
asserting that most of them are former tenant attorneys, a blatant lie.
(Far more housing judges are former government lawyers, landlord lawyers or
judges' law assistants.

What actually motivates landlords' hostility to
Housing Court is that New York State has many strong rent and eviction laws
designed to keep tenants in their homes when possible.)

That campaign hit a new low on Dec. 3, when the state legislature enacted
substantial pay raises for itself and for every judge in the state except
New York City Housing Court judges.

This unequal treatment was ostensibly
imposed because Housing Court judges are only hearing officers, not real
judges, but according to legislative and court officials cited in the Dec.
4 Law Journal, the move was actually taken by State Senate leader Joe Bruno
to reflect the real-estate lobby's desire to pressure housing judges to
issue more favorable decisions.

Justice Lehner's decision leaves the future interpretation of 747-a and
747(2) to be played out on a case-by-case basis, where most tenants will
continue to lack legal representation and will be unable to articulate the
complicated arguments involved. For this reason, the plaintiffs in Lang v.
Pataki are considering an appeal. They may seek a determination that the
statute's broad restrictions on Housing Court judges' ability to stop
evictions in the interests of justice are indeed unconstitutional.

Tenants with eviction cases in Housing Court should call Met Council's
tenant helpline, (212) 693-0550, Monday-Wednesday-Friday between 1:30 and 5
PM. We are interested in hearing from people who have been affected by
RPAPL 745(2) or 747-a. Send a brief description, including any court
orders, to Met Council, 102 Fulton St., New York, NY 10038

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WHO LAWFULLY OWNS YOUR HOUSE
AND OTHER PROPERTY?

--------------------------------------------------------------------------------

The information provided on this web-site is only for the purpose of educating current members of Citizens for Legal Responsibility as to Illinois law. For our members in other states, the law may be different, but in most probability it is not. Check with a registered, ethical attorney before proceeding.

It would not surprise Citizens that some attorneys may claim that the following information is not Illinois law. These would be the same attorneys who have previously engaged in violating the following law and would be in a conflict of interest should they advise you otherwise. Further the officer of the court may have been involved in fiduciary theft of property, and certainly does not want to be charged with fiduciary fraud.

Citizens further suggests that the following Illinois law applies not only to real property but to all property.



--------------------------------------------------------------------------------

Citizens is not referring to who holds the mortgage on your house, but who is the true and legal owner of your house.

Nor is Citizens referring to whose name is on the title of the property. Your name may be on the title, but you may not own the property in question.

In addition, a title insurance policy is not indicative of who is the true owner of the property.

While person A or party A may lawfully sell a piece of property, whether real property or not, to person B or party B, the sale is lawful only if person A or party A lawfully owned the property which was purchased from a previous lawful owner.

The sale is predicated on the fact that no court was directly or indirectly involved in the sale of that property at any time.

Since a court which engages in a statutory proceeding, such as a divorce, paternity, adoption, probate, bankruptcy, all Federal Courts, etc., is governed by the rules of limited jurisdiction, the law states that there is no presumption that the judge holds jurisdiction. Should the judge engage in any act beyond that which the law or the statute grants him or her authority, the order of the court is void, of no legal force or effect anywhere and at any time.

In such a case, the judicial order granting the sale of the property is void, of no legal force or effect anywhere. Should the property be sold, the previous owner is still the legal owner of the property, no matter whose name is on the title.

Nor does this apply only to the previous owner. When purchasing property, the purchaser is required to inspect the entire record of the property and of each and every previous judicial case in which the property was involved. In the event that any officer of the court in any previous judicial hearing engaged in "fraud upon the court", or in which the judge engaged in any act which he had no authority to engage in, whether by law or by statute, the owner of the house or property at that previous time remains the legal owner of the house.

In fact, a good case can be made that each and every person who appeared on that property without the true owner's express permission, has engaged in criminal trespass. And each of them may be subject to a claim for damages.

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Courts have stated that:

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UCC; offer and acceptance; reasonable time to inspect; revocation of acceptance. Contribution; economic loss. Accord and satisfaction.

http://www.nycourts.gov/comdiv/Law%2...rl-Dec_tas.htm

By key phrases, I try to draw nexus to the
UCC codes to any matter revolving around offer and acceptance.


Here, even though the case is different,
I draw parallel between a landlord who
accepts payments from a tenant and
claims that tenant
resides without his/her permission.

Rent offered and accepted = offer and acceptance.

Plaintiff invited bids seeking to purchase in accord with its specifications. Defendant responded by offering to supply at a set price, but submitted a different specification drawing. The court held that this was an offer to plaintiff, which it had accepted. The goods delivered, being in accordance with the drawing, were not non-confirming. Further, plaintiff accepted the goods. UCC 2-606(1). The court held that plaintiff had had a reasonable time to inspect for conformity. The drawing put plaintiff, a sophisticated party, on notice, or should have. Plaintiff had accepted five lots over a year without complaint. There was an acceptance. The court held that plaintiff could not have revoked acceptance (UCC 2-608) since there had been no non-conformity to the drawing and plaintiff had no excuse for failing to act within a reasonable time. There was no proof of false assurances. Plaintiff's breach of express warranty claim failed (UCC 2-313) since the contract was based on defendant's drawing, not plaintiff's or plaintiff's and defendant's. An implied warranty claim (UCC 2-314) similarly failed. A contribution cross-claim failed since it related only to economic loss from breach of contract. Another cross-claim failed because there had been an accord and satisfaction between defendants; a check was cashed without reservation and there had not been a conditioning of the settlement upon the reaching of an agreement with plaintiff. Rockburl Industries v. Industrial Bearing Corp., Index No. 05333/2000, 12/01 (Stander, J.).

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http://caselaw.lp.findlaw.com/nycodes/c38.html


Estates, Powers & Trusts
in New York