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How to Evict a Tenant in Alaska

Alaska Landlord Tenant Law

Alaska Landlord Tenant Law

 

Frequently Asked Questions about Alaska Landlord Tenant Law

What is Alaska landlord-tenant law?

In 2010, the Alaska legislature passed the Alaska Landlord & Tenant Act, a landmark piece of legislation which codified all of the state’s laws governing rental properties. Individuals are often taken advantage of in landlord-tenant relationships, so Alaska landlord-tenant law is an essential resource and defense for the thousands of renters and property-owners in the state, a resource that you can’t afford to ignore. Here are some of the most helpful concepts of Alaska landlord-tenant law.

What should I do once I move in?

The most essential aspect to a landlord-tenant relationship should be an agreement signed by both parties at the inception of the relationship, called sometimes a Rental Agreement, Tenant Agreement, or a lease. This document will include important information that will affect all further interactions between the parties, in particular the following:

• The identities of the parties;

• The amount of rent that will be charged, when it will be due, and who it will be paid to;

• Whether a security deposit is required and what the conditions will be for its return;

• The duration of the lease;

• After what period of time rent is considered delinquent, and whether a fine will be inflicted for delinquent rent, and how much such a fine would be;

• Which utilities and services will be paid for by the landlord;

• Whether any items are prohibited from the premises;

• What the repair responsibilities will be of the landlord;

• Whether the apartment can be sublet.

Sometimes, one party will forget to sign an agreement, but this doesn’t automatically disqualify it altogether. Instead, Alaska landlord-tenant law still respects agreements that are only signed by one party, so long as the tenant moved in according to schedule and paid rent that their landlord accepted.

What is a security deposit?

A security deposit is a perfectly acceptable institution according to Alaska landlord-tenant law. Its purposes are to compensate the landlord if their tenant moves out without repairing damage that they’ve done to their landlord’s property, or if they do not properly clean up the property prior to moving. 

There are strict aspects of Alaska landlord-tenant law detailing what a landlord may do with security deposits, which is deposit them in a trust account, savings account, or with a licensed escrow agent. It must be a separate account from any of the landlord’s other personal or business accounts, and detailed receipts must be kept showing all of a landlord’s deposits and withdrawals from such an account.

What if a landlord doesn’t comply with Alaska landlord-tenant law?

If a landlord refuses to fix their property as per the rental agreement or to provide an adequate place of living, then they’ve terminated the rental agreement and the tenant may move. In order for this to occur properly, the tenant must send a written notice to their landlord, stating that if changes aren’t made within ten days, they will move in twenty days. The tenant may also sue the landlord for non-compliance.

 

How to Evict a Tenant in South Dakota

How to Evict a Tenant in South Dakota

 

How to Evict a Tenant in South Dakota

It is important that every landlord knows very carefully how to evict a tenant in South Dakota, since one simple violation of the process can undo the whole eviction and even result in a huge fine. Make sure that you maintain your rights to your own legal property by following these simple rules.

A step-by-step guide showing how to evict a tenant in South Dakota:

1.  Ascertain that the tenant is in violation of the rental agreement. For most landlords, this means that the tenant hasn’t been paying their rent on time. Yet landlords who know how to evict a tenant in South Dakota from experience can tell you that there are many reasons that eviction may be necessary, like the tenant disregarding local law. If the rental agreement no longer applies but the tenant has continued to rent on a month-to-month basis, the landlord may desire to evict their tenant in order to repurpose the property. Obviously, mutually agreed-upon terms and friendly negotiation should be sought in such a circumstance and not eviction.

2. Notice must be given to the tenant. At minimum, three days notice must be given before further action is taken. 

3. File a lawsuit. This step should only taken if the tenant has not taken any steps to move their property out of the premises. If this is the case, the next document a landlord who knows how to evict a tenant in South Dakota will obtain is called a Forcible Entry and Detainer form, which will be turned into the court, requesting eviction.

4. Serve the tenant with the lawsuit. Note that if you want to successfully show how to evict a tenant in South Dakota, you will have to serve them with the actual papers. A phone call will not work. You can, however, hire an official called a process server to perform this step for you.

5. Tenant has four days to answer. The next step depends entirely on whether the tenant does, in fact, file an answer. If not, then they will be given a court order requiring them to move.

6. A hearing occurs. Note that this only occurs if the tenant files an answer to your Forcible Entry and Detainer form. At the hearing, the landlord will need to present their reasons for eviction and show that they’ve thus far accurately followed the rules for how to evict a tenant in South Dakota.

There are a few major mistakes which landlords make that are most definitely not how to evict a tenant in South Dakota. For instance, we are all familiar with the image of a tenant who is locked out of their apartment because the locks have been changed. However, a landlord never has the right to just lock a tenant out of their property, or to shut off essential utilities such as electricity, gas or water. If a landlord does so, their action is illegal, and the tenant may sever the rental agreement automatically. 

 

South Dakota Landlord Tenant Law

South Dakota Landlord Tenant Law

 

Frequently Asked Questions about South Dakota landlord Tenant Law

What is South Dakota landlord tenant law?

The rules concerning the relationship between South Dakota landlords and their tenants are prescribed in  South Dakota landlord tenant law . The rights of both parties are explicitly outlined in these codes, so it’d be best if you familiarize yourself with them as much as possible. You can read the original laws here. But if you’d prefer, see below for answers to some of the most popular questions about  South Dakota landlord tenant law .

What is a rental agreement?

The rental agreement is the foundation for any landlord-tenant relationship. It should lay out the all of the following terms of the leasing:

• Period of rental;

• Amount of rent due;

• Date that rent will be due;

• Consequences for late payment of rent;

• Security deposit amount;

• Method for reclaiming security deposit;

• Landlord’s duties and responsibilities;

• Pet policy;

• Yard care and house up-keep.;

A rental agreement may be either written or verbal, as  South Dakota landlord tenant law  respects both. However, since verbal agreements are easy to dispute, it is always better to have your rental agreement in writing. If you cancel your rental agreement, this will need to be done in writing, not verbally.

Can anything be in a rental agreement?

The truth is that  South Dakota landlord tenant law  actually prohibits many elements from being included in any rental agreement, as they violate an individual’s rights. These include clauses stating:

• That the landlord cannot be responsible for damage or personal injury;

• That the tenant automatically accepts responsibility for all damages to rented property;

• That the landlord can enter the apartment at will without notice;

• That the landlord can evict you without notice;

• That the landlord can take your property for not paying rent;

• That the landlord can keep the security deposit without giving a reason.

What is an application fee?

An application fee is a perfectly acceptable billing concept according to  South Dakota landlord tenant law . The payment goes toward the cost of speaking to the tenant’s references. Most fees are fifty dollars or less, but there are no clauses in  South Dakota landlord tenant law  defining egregious application fees.

What does  South Dakota landlord tenant law  say about security deposits?

A security deposit is charged to a tenant to compensate the landlord in case the tenant damages their apartment beyond reasonable wear and tear. A tenant does have the right to inspect a premises before paying a security deposit, and then to request a statement concerning the current state of the premises be signed by their landlord.

The typical security deposit is one month’s rent, and  South Dakota landlord tenant law  forbids larger amounts except in special circumstances, such as when the tenant has a pet. 

The landlord may retain the security deposit, but only that portion necessary to repair the tenant’s damage to the premises. Security deposits charged or kept in bad faith are subject to a $200 fine.

 

Oklahoma Landlord Tenant Law

Oklahoma Landlord Tenant Law

 

Guide to Oklahoma Landlord Tenant Law

If you are a renter or a landlord in Oklahoma, you need to have an understanding of OK landlord tenant law in order to ensure that your rights are respected.  Oklahoma landlord tenant law can be somewhat complicated, but gives a variety of protections to both tenants and landlords.  This guide will explain some aspects of OK landlord tenant law so that you can understand if your rights have been violated.  If you believe your landlord or tenant has violated OK landlord tenant law, you may wish to consult with a landlord tenant law attorney.

Oklahoma Landlord Tenant Law and Security Deposits

While in many states, a landlord must always return a security deposit promptly, Oklahoma landlord tenant law only requires a landlord to give back a security deposit after a written request from a tenant.  If you do not make this request within six months, OK landlord tenant law allows your landlord to keep the deposit.  According to Oklahoma landlord tenant law, landlords must maintain your security deposit separately from their own funds and must return it within 30 days of your request or give you an itemized list of damages.

Oklahoma Landlord Tenant Law and Evictions

OK landlord tenant law forbids “self help” evictions, in which a landlord personally evicts a tenant.  Some of the methods banned by state law include turning off utilities, changing a tenant's locks, or removing a tenant's belongings from their unit.  OK landlord tenant law only allows a landlord to evict a tenant by going through the legal eviction process in civil court.  If your landlord is attempting to remove you in any other way, you should contact a landlord tenant lawyer immediately.

Oklahoma Landlord Tenant Law and Habitability

OK landlord tenant law requires that all landlords maintain units at standards suitable for human habitation.  This means that your unit is required to have functional heating, electrical, and plumbing systems, and that you must have access to safe hot and cold drinking water.  All of a unit's appliances, including air conditioning units, must be maintained in good condition according to OK landlord tenant law, and your landlord must also provide trash removal.

Oklahoma Landlord Tenant Law and Lease Breaches

If your landlord does not maintain habitability standards or otherwise breaches your lease, you have several options.  OK landlord tenant law allows a tenant to give a landlord 14 days of notice to fix a problem, and if the problem is not fixed, the tenant may leave 30 days after giving the original notice.  You may also spend money yourself to fix the problem and withhold it from rent, if the cost of the repair is no more than $100.

Any problems that cause safety hazards or an imminent threat to your health allow you to terminate your lease immediately upon written notice, according to OK landlord tenant law.  Unsafe conditions caused by an emergency (like a fire) require a week of written notice before your tenancy can come to an end.

 

Nebraska Tenant Rights

Nebraska Tenant Rights

 

Quick Guide to NE Tenant Rights

Nebraska Tenant Rights

There are two public resources that provide valuable information about some of the most important sections of NE tenant rights under state law: the U.S. Department of Housing and Urban Development and the state’s revised statutes.  The majority of information about a specific Nebraska tenant right in this article is referenced from the revised statutes, but you can find more information under HUD at the following link

Obligations of Landlord according to Nebraska Tenant Rights

A Nebraska tenant right gives specific responsibilities to the landlord under NRS 76-1419.  This section of law on maintenance requirements for NE tenant rights states a landlord is responsible for all of the following: 

• comply with all local laws and Nebraska tenant rights that addresses housing, health, and safety codes

• make all repairs and do whatever is necessary to keep the premises in habitable condition

• keep all the common areas in clean and safe condition

• maintain all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other appliances in safe working condition required by local law and NE tenant rights

• provide and maintain receptacles for removal of ashes, garbage, rubbish, and other waste as required by local laws and a Nebraska tenant right

• supply running water and reasonable amounts of hot water, as well as heat unless local law makes providing heat a Nebraska tenant right of duty

Various laws and Nebraska tenant rights allow the landlord and tenant to change responsibilities within the lease.  However, any changes within a lease and shifted responsibilities must still meet other sections of state law and Nebraska tenant rights.  

Nebraska Tenant Right against Entering of Landlord

§76-1423 covers NE tenant rights against a landlord entering the premises without permission.  There is no Nebraska tenant right that allows the tenant to deny entrance for necessary repairs and inspection, nor can the tenant deny entrance in the case of an emergency.  

Otherwise, Nebraska tenant rights require the landlord to notify the tenant a day before entering the premises.  However, the landlord does not need to respect this Nebraska tenant right if a tenant has abandoned or surrendered the premises.  

Nebraska Tenant Rights against Noncompliance from the Landlord

Nebraska tenant rights under §76-1425 states a tenant can terminate their tenancy within 30 days of a landlord failing to remedy a breach of lease agreements affecting NE tenant rights in health and safety.

If the landlord has fixed the breach of a Nebraska tenant right but makes the same breach within 6 months, a tenant may terminate their tenancy after 14 days of the landlord failing to fix the same problem.  

You can find information about NE tenant rights in security deposits and evictions within the statutes or within the article on this website titled, “Quick Guide to NE Landlord/Tenant Law.”  You can find more information about a specific Nebraska tenant right within the article listed above as well.  

 

Nebraska Landlord Tenant Law

Nebraska Landlord Tenant Law

 

Quick Guide to NE Landlord/Tenant Law 

Nebraska Landlord/Tenant Laws

There are two public resources that provide valuable information about some of the most important sections of Nebraska landlord/tenant law: the U.S. Department of Housing and Urban Development and the state’s revised statutes.  The majority of information about Nebraska landlord/tenant law in this article is referenced from the revised statutes, but you can find more information under HUD at the following link

Obligations of Landlord under Nebraska Landlord/Tenant Laws

NE landlord/tenant law give specific responsibilities to the landlord under NRS 76-1419.  This section of Nebraska landlord/tenant law states a landlord is responsible for all of the following: 

• comply with all local NE landlord/tenant law that addresses housing, health, and safety codes

• make all repairs and do whatever is necessary to keep the premises in habitable condition

• keep all the common areas in clean and safe condition

• maintain all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other appliances in safe working condition required by Nebraska landlord/tenant laws

• provide and maintain receptacles for removal of ashes, garbage, rubbish, and other waste as required by local Nebraska landlord/tenant laws

• supply running water and reasonable amounts of hot water, as well as heat unless local Nebraska landlord/tenant law makes providing heat the tenant’s responsibility

NE landlord/tenant law allows the landlord and tenant to change responsibilities within the lease.  However, any changes within a lease and shifted responsibilities must still meet other sections of Nebraska landlord/tenant law.  

Responsibilities of Tenant under Nebraska Landlord/Tenant Laws

A tenant must usually perform the following responsibilities under Nebraska landlord/tenant laws: 

• comply within all obligations set by local ordinances and NE landlord/tenant law addressing building, housing, health, and safety codes

• keep their part of the premises clean and safe as much as the property permits, and this Nebraska landlord/tenant law does not apply to normal wear and tear

• dispose of all ashes, rubbish, garbage, and other waste in clean and safe manner

• keep all plumbing fixtures clean and in the condition local NE landlord/tenant law permits

• use all utilities correctly

• keep from deliberately damaging or destroying property

• conduct themselves to allow neighbors’ peaceful enjoyment as allowed by Nebraska landlord/tenant law

• comply will all Nebraska landlord/tenant laws in a certain type of housing agreement or association

§76-1416 Nebraska Landlord/Tenant Laws on Security Deposits

This NE landlord/tenant law states that a landlord cannot charge more than one month of rent for a security deposit unless there is a pet.  After the termination of tenancy, this Nebraska landlord/tenant law states a landlord must send an itemized list of damages and deductions within 14 days of obtaining the former tenant’s forwarding address.  

§76-1439 Prohibited Evictions and Retaliation under NE Landlord/Tenant Law

According to this section of Nebraska landlord/tenant law, a landlord cannot evict a tenant because they have brought legal action against the landlord, the tenant has become part of a tenants’ union, or a tenant has complained to a government against about building and housing codes.  

Under Nebraska landlord/tenant laws, a landlord can only evict a tenant if they default in rent, the violate housing or building codes, or directly cause damage to the premises.  

 

Idaho Tenant Rights

Idaho Tenant Rights

 


The following article highlights some of the most important Idaho Tenant Rights:

Idaho Tenant Rights: Housing Discrimination Laws

Any discrimination based on race, color, sex, disability, religion, family status or national origin is—according to Idaho tenant rights—illegal. Disabilities—according to Idaho tenant right laws include mental or physical impairments, such as mental retardation, blindness, AIDS or chronic alcoholism. 

According to Idaho tenant rights, a landlord is not allowed to take any of the following actions based on the aforementioned protected classifications:

• Deny that a rental unit is only available to some applicants

• Establish restrictive standards for certain tenants

• Run an advertisement that suggests a preference based on certain group characteristics

• Refuse to accommodate the needs of disabled tenants (i.e. denying service animals)

• Adopt inconsistent policies for different tenants

• Terminate leases for discriminatory reasons

If you feel that you are a victim of discrimination, you may file a complaint with the United States Department of Housing and Urban Development. 

Idaho tenant Rights: The Lease Agreement

Lease agreements are important legal documents that both parties (renter and landlord) must read and understand. All questions concerning the rental space and the rental contract should be answered and resolved before either party signs the lease agreement. The lease agreement serves as the sole contract that governs the landlord-tenant relationship for the duration of the tenancy. The written lease agreement must be understand (readable) and include the following terms:

• Contact Information: The addresses, telephone numbers and names of the property owner, landlord, tenant and all associated emergency contacts should be recorded 

• Dates: The beginning and ending dates of the lease agreement must be affirmed in the lease agreement.

• Property Information: Idaho tenant right laws state that the address of the rental property and the purpose for how it is used should be labeled in the lease agreement.

• Rent: The amount of rent, when it is normally due and the amount charged for late fees should be placed in the lease agreement

• Security Deposit: The name of the financial institution, the amount of the deposit and where the funds will be held in escrow are required to be affirmed in the lease agreement. Moreover, Idaho tenant rights declare that an explanation of how the landlord will use the security deposit at the end of tenancy must be given

• Utilities and Repairs: The party responsible for each of the utilities and repair of the property must be named in this section of the lease agreement

• Policies: All policies and restrictions should be placed on a tenant’s use of the rental unit, including the number of occupants, whether smoking or pets are permitted, mandatory quiet hours and whether assignment or subletting is allowed. 

• Termination: This portion of the lease agreement must go over the process that the tenant must follow to give proper notice of intent to terminate or vacate the lease

• Inspection Following Move Out: Idaho tenant right laws state that the terms that allow the tenant to attend the landlord’s inspection must be declared in the lease agreement

• Entrance: How and when the landlord may enter the rental space must be affirmed in the lease agreement

• Signatures: After acknowledging all of the above matters, both parties must sign and date—according to Idaho tenant rights—the lease agreement. 

Idaho Tenant Rights: The Tenant’s Right to Privacy

Idaho tenant right laws state that the tenant possesses a right to privacy in their rental space. If the landlord enters the property without permission, the tenant may contact the police. The lease agreement—according to Idaho tenant rights—must specify the landlord’s right to enter the unit to: 

• Respond to emergencies involving property or life and

• Show the property to prospective renters or tenants at times deemed convenient by you, the renter

• Inspect for damages to make necessary repairs

In addition to the above, the lease agreement must explain the landlord’s rights regarding when a tenant is in default in the rent or when tenants may have abandoned the rental property. If the lease fails o include these provisions, and the landlord needs to enter the rental unit, the landlord must notify the tenant why entry is necessary. The landlord—according to Idaho tenant rights—can also agree with the tenant on reasonable manners and times of entry. 

Idaho Tenant Rights Laws: Maintaining the Rental Space

Tenants and landlords possess different responsibilities regarding maintaining the rental space. Typically, the lease agreement will outline the specific responsibilities of each party; however, Idaho tenant rights place certain property maintenance duties on both tenants and landlords. 

Idaho tenant rights declare that all landlords must maintain the property to protect the tenant’s health and safety. In this regard, a landlord must comply with the county’s and city’s ordinances as well as with state laws concerning housing conditions. The following are examples of rental space conditions that constitute violations:

• Exposed wiring

• Structural deterioration, such as cracked and crumbling walls and broken or missing windows and doors

• Nonfunctioning heating units

• Insect infestations 

• No means to store or remove garbage

• Failing to install smoke detectors

Idaho tenant rights give the landlord three days to fix any of the above violations. Failure to remedy these situations permits the tenant to sue the landlord to force compliance. To properly sue the landlord under Idaho tenant rights laws, the landlord must be given a copy of the summons and complaint at least five days before you initiate the formal suit. If done properly, a trial will be held within 12 days of the filing. If you, the tenant, win the case, the judge will require the landlord to comply with the tenant’s notice of violation. 

Idaho Tenant Rights: Tenant’s Responsibilities for Safeguarding the Property

Tenants must protect the rental property to ensure that damage does not occur. Typical tenant responsibilities—according to Idaho tenant right laws—include:

• Properly dispose of garbage

• Keep the property sanitary and clean

• Obey the landlord’s property rules and regulations

• Idaho tenant rights declare that all tenants must use to property for only lawful purposes

• Idaho tenant rights declare that all tenants must do their best to prevent injuries to others as a result of actions performed on the rental space

Idaho Tenant Right Laws: Rent Increases

A landlord may increase a tenant’s rent only if proper notice is supplied. If a rental agreement or lease specifies a certain amount of rent for a specified time period, the landlord—according to Idaho tenant rights laws—may not raise the rent during that time frame unless the tenant agrees to pay more. 

With month to month leases, a landlord must provide the tenant with written notice of at least 15 days before the end of the tenancy and fifteen days before the increase takes effect. Idaho tenant rights laws requires that the written notice be served to the tenant. While ID tenant rights does not require the delivery of formal legal service, it does mandate that the tenant actually receive the notice. As a result of ID tenant rights, landlords should hand a written notice to the tenant or send it certified mail to inform the renter that rent is going up. 

ID Tenant Rights: Breaking a Lease in Idaho

A tenant may end a lease before the end of the term if the lease agreement contains an affirmed termination clause or if the landlord violates the terms of the agreement. Moreover, ID tenant rights state that the lease can be terminated if the landlord agrees to release the tenant out of the contract. In all other instances—according to ID tenant rights–the term of the lease remains binding. 

If the lease is of the month-to-month variety, either party may terminate the lease so long as a month’s advance written notice is provided to the other party. If the tenant breaks the lease against ID tenant right laws, the tenant may be forced to pay the landlord for lost rent and for the costs of re-renting the rental space. 

ID Tenant Rights: Moving Out of the Rental Space

Idaho tenant rights state that a tenant must always consult their leases to affirm the amount of notice they must give to their landlord before vacating the rental unit. If the rental agreement does not offer certain a number of days for adequate notice, the lease will expire at the end of the stated period and no formal notice is needed. However, as a common courtesy to the landlord, a tenant should provide the landlord with as much notice as possible. The notice must be in writing and delivered to the landlord or sent certified mail. 

ID Tenant Rights: Returning the Security Deposit

Any funds given to the landlord is either declared “rent” or a “deposit.” Rental payments—as stated by ID tenant right laws—are non-refundable. Deposits, on the other hand, are deemed refundable by Idaho tenant right laws. During the tenant’s lease, security deposit funds should be placed in a trust account or special escrow for safekeeping and to avoid intermingling deposits with rental payments. 

When the lease formally ends—according to ID tenant rights—the landlord is given 21 days to return the tenant’s entire security deposit. The landlord may provide a partial refund (must be attached with a written statement) if the security deposit was needed to repair damages caused by the tenant. The 21-day period may be extended or shortened if agreed-upon between the landlord and tenant; however, ID tenant rights state that the time period cannot exceed 30 days. 

Idaho Tenant Right Laws: Evictions

One of the primary issues of ID tenant right laws deals with how landlords may lawfully remove tenants from rental units when the tenant violates the terms of their rental agreements. Although the eviction procedure is fairly straightforward, each tenant-landlord relationship involves a unique set of circumstances. 

A landlord—according to Idaho tenant right laws—may not evict tenants because the tenant requests repairs or because the tenant assumes membership with a tenants’ association. 

ID Tenant Right Laws: The Eviction Process

The following eviction procedure is outlined in title 6, chapter 3 of the ID Tenant Right Laws Code:

ID Tenant Right laws: Notice of Eviction:

Tenants must be properly served with a three-day or thirty-day written notice, depending on the following circumstances: 

• Proper Service of the Notice of Eviction: Landlords—according to Idaho tenant right laws—are required to deliver the notice of eviction to the tenant in person. That being said, if the tenant vacated the property, the landlord may serve a copy of the eviction notice with a competent person at the residence or mail a copy of the notice to the tenant’s residence. Three-day written notices—according to Idaho tenant rights—may be given to a tenant in the following instances:

o The tenant failed to pay rent. The notice of eviction must include the total amount of rent owed and provide a means for tenant to pay rent within that three day window

o The tenant egregiously violated the lease agreement. The eviction notice—according to Idaho tenant rights—must pinpoint the provisions the tenant violated and also provide advice on how the tenant can remedy the situation within the three-day period

o The tenant engaged in controlled substance use or sales. The tenant—according to ID tenant right laws—is not provided with a three-day right to cease the illegal activity. In this situation, the landlord is required to report the illegal activity. 

30-day written notices are given when the tenant is renting for an open-period of time. 

Idaho Tenant Right Laws: Unlawful Evictions

A landlord may not engage in any form of self-help to remove a tenant out a rental unit. According to Idaho tenant right laws, it is illegal for a landlord to:

1. Fail to five proper notice;

2. Fail to allow time for the distressed tenant to pay past-due rent or comply with the terms of the lease agreement;

3. Cancel or shut-off the utilities;

4. Change the locks;

5. Confiscate the tenant’s property; or

6. Do anything that goes against lawful eviction proceedings

Mississippi Landlord Tenant Law

Mississippi Landlord Tenant Law

 

The Mississippi Landlord Tenant Act

Mississippi Landlord/Tenant Laws

The majority of Mississippi landlord/tenant law is located in Chapter 8 of Title 89 of the state’s annotated code.  For more information on the MS landlord/tenant law provided within this article, visit the official website of the state’s judiciary located at the following link and move onto LexisNexis® for the individual code.  

The majority of information in this article will cover the obligations of the landlords and tenants within Mississippi landlord/tenant law, as well as commonly disputed cases involving evictions, security deposits, and more.  

Maintenance Requirements under Mississippi Landlord/Tenant Laws

Mississippi landlord/tenant law provides multiple duties for both the landlord and tenant as far as maintenance.  These duties are listed below: 

Section 89-8-23

This section of Mississippi landlord/tenant laws states that a landlord is responsible for the following during the whole tenancy: 

• comply with all local building and housing codes affecting health and safety under MS landlord/tenant law

• maintain the unit’s plumbing, heating and/or air conditioning, and most other repairs except for reasonable wear and tear

The landlord is not responsible for any significant damages directly caused by the tenant’s neglect or incapacity to act according to MS landlord/tenant law.  

Section 89-8-25

Mississippi landlord/tenant law requires numerous responsibilities from the tenant, and most of these duties are listed below: 

• keep the part of the premises that they occupy clean and safe as the condition of the premises permits

• dispose of all ashes, rubbish, garbage, and other waste in a safe and clean manner

• keep all plumbing fixtures clean 

• use all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other utilities and appliances correctly and safely

• keep from deliberately or negligently destroying, defacing, damaging, impairing, or removing any part of the premises

• conduct themselves in a reasonable manner to provide their neighbors with peaceful enjoyment

• inform the landlord immediately of any conditions that could damage the apartment

• comply with all requirements from local housing and safety codes under MS landlord/tenant law

• keep from engaging in any illegal activity on the leased property defined by MS landlord/tenant law

Mississippi Landlord/Tenant Laws on Security Deposits

The section of Mississippi landlord/tenant law that discusses the tenant’s security deposit is Section 89-8-21.  The following procedures are discussed within this section of Mississippi landlord/tenant laws:

• any deposit from the tenant to the landlord will be held by the landlord

• the security deposit can be used for defaults in rent, damages at the end of a tenancy (except wear and tear) 

• if the landlord abuses the privileges of this section of Mississippi landlord/tenant law, the tenant may be able to receive the security deposit in full plus up to $200.00 in damages

Mississippi Landlord/Tenant Laws on Evictions

Section 89-8-13 of the Mississippi annotated code states that a landlord or tenant can terminate tenancy for a breach of the lease by sending the other party notification no less than 30 days before the termination.  Additionally, if a duty is breached and the other party doesn’t terminate the lease but the same breach occurs within 6 months, notification for the breach must be sent only 14 days before the termination according to MS landlord/tenant law.   

 

How to Evict a Tenant in Puerto Rico

How to Evict a Tenant in Puerto Rico


How to Evict a Tenant in Puerto Rico

Many landlords who have received late rent payments or observed their tenants breaching a lease need to know how to evict a tenant in PR.  Knowing how to evict a tenant in Puerto Rico is critical for all landlords so that they can protect their rights to their property.  This guide will teach you how to evict a tenant in PR properly so that you are not taken advantage of by a tenant or fined by the courts.  For more information on how to evict a tenant in Puerto Rico, you may want to talk to a landlord tenant attorney.

Step 1: Provide Notice if Required

The first step in how to evict a tenant in PR legally is to check the lease documents that you and your tenant signed before the tenant moved in.  If notice is required by your lease, you will need to give your tenant the appropriate notice before filing any eviction lawsuit in court.  Not all lease agreements will require notice.  Generally, you will have to be able to provide proof that your tenant is violating the lease in a material way in order to begin eviction proceedings.  Damage to a unit is not considered a cause for eviction unless the damage goes beyond normal wear and tear.

Step 2: File a Lawsuit

Some landlords who do not know how to evict a tenant in Puerto Rico assume that they can simply change the tenant's locks, throw the tenant's belongings out of the unit, or turn off the tenant's electricity, water, or other utilities.  These steps are considered “self help” methods, and are illegal.  The only legal answer to the question of how to evict a tenant in PR is to go through the court system.

If you go to your local courthouse and ask how to evict a tenant in Puerto Rico, you will be directed to the forms that can help you to file a lawsuit.  Alternately, you may wish to talk to an attorney who can tell you how to evict a tenant in PR in more detail, and who may be able to file all court paperwork for you.

Step 3: Eviction Hearing

Your tenant will be provided with notice of his or her eviction hearing by the courthouse or through a private process server.  If you do not know how to evict a tenant in Puerto Rico, having the assistance of an attorney at the hearing may be useful.  Many tenants will simply vacate the premises once they receive an eviction notice, but if you must attend the hearing, you will need to show that your tenant violated his or her lease.

Tenants may be able to show that your obligations as a landlord were not being met, and this will often lead to the judge ruling in favor of tenants.  It is important to have an attorney who understands how to evict a tenant in PR even if the tenant fights the eviction.

Step 4: Removal

Only after these other steps have been followed can a landlord have a tenant legally evicted.  Once the eviction hearing is over, if the court rules in the landlord's favor, the tenant will be served with papers that indicate when they must leave by.  If the tenant has not vacated the premises, they may be removed forcibly and can be arrested for trespassing on the landlord's property if they refuse to leave.