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PDF Editor FAQ

If you do not pay rent to your landlord, why does the landlord file eviction in court instead of asking you to move out from his property?

We don’t; in fact we usually couldn’t do that even if we wanted to, as most states require us to serve a notice to vacate before we can even proceed with a formal eviction.That notice you receive directly from the landlord is not an eviction notice. Depending on where you live it might be called something like a notice to “cure or quit”, or just to “quit”, and this is the landlord telling you what you must do to avoid having a legal case filed against you. A notice to vacate is the same as a notice to quit, and this one means that you must move out (plus empty and clean the space and return the keys) within a certain number of days, usually three or five, or you will be formally evicted. A notice to “cure or quit” gives you the additional option to pay what you owe – or fix whatever problem has led to the notice – within those days, to avoid being evicted.Some landlords do actually ask tenants to move, before they even issue their own written notices, but there’s a very good reason why a lot of us don’t. If we’ve reached a point where we’d even contemplate eviction, it means we need to get rid of those people. We could ask, but we’ll have absolutely no way of knowing whether the tenant is actually going to be gone by whatever time they agreed to. If they comply, all is well, but if they don’t, we’re right back where we started. If my tenant hadn’t paid rent on April 1st (under normal non-pandemic circumstances), I could serve them with a five day notice to vacate anytime after midnight on the 2nd. If they didn’t leave by the 6th, I could then file them paperwork with the court to have them evicted. It varies by state and municipality, but in my case they’d be served with the actual eviction notice on the following business day and given a court date within a week or so – though this can take up to two months elsewhere. Typically those tenants would be physically removed by the marshals before the 20th, and unless I eventually get paid for those days through a lawsuit, I’ll have lost 2/3 of a month’s rent.If instead I had simply asked my tenants to leave within five days, their promise to do so would be meaningless in the eyes of the law. Once I determined that they had broken their promise, I’d have to start from scratch by delivering that written notice to vacate and give them an additional five days to comply. That would mean missing out on an additional five days rent, which would be hundreds of dollars in my cheapest unit. Since my goal is to have the evicted tenants removed by the twentieth so I’ll have ten days to clean, paint, and perform repairs in order to move in someone else on the 1st, those five extra days could potentially turn into an extra 25 days, since my leases start on the 1st or 15th. Even if you think these are minor issues, remember that all it takes for a landlord to avoid wasting this time is to serve a written notice immediately.Whether you’re asking about the actual filing in court or the landlord’s own notice, the answer is the same: We don’t ask because a simple verbal agreement isn’t binding in this case, which makes it way too easy for scammers to extend the time they’ll get to live for free or continue trashing a place.

I think I am being served a notice to vacate the property after the fixed term contract. I think this is a retaliatory action. What are my rights?

If your fixed-term agreement is expiring, and there’s nothing in the contract dealing with a right of first refusal or automatic extension of the lease, it doesn’t really matter what the reason is for the notice to vacate; the law is highly unlikely to require someone to continue leasing to another party if the underlying contract is complete and there is no renewal or new lease that’s signed.In short, landlords generally have no duty to extend a lease beyond its stated duration. If I were you, I’d start looking for a new location to move into, ASAP.

Is it mandatory to stay for 11 months in a rented house if the rental agreement was made for 11 months?

Do you know why rental agreements in India are made for 11 months?It is a convention that is followed by property owners because if an owner makes a rental agreement of 12 months or more in tenure, it is mandatory to register it with local authorities to make it executable under the Registration Act of India. To avoid these formalities, agreements are generally made for 11 months and extended as per mutual consensus of the parties involved.A Notice period clause that can be added to the agreement so that it can be dissolved before the completion of term. Notice period is anywhere between 1-3 months for either party to vacate or be asked to vacate the premises. This clause needs to be clearly documented in the rental agreement with a common consent. Be aware that while such a clause give the tenant an option to terminate the agreement early, the landlord can also ask the tenants to vacate early by giving a notice period.Either way, make sure you are aware of the rental agreement that you are signing at the beginning of term to avoid legal inefficiencies in the case of any dispute. In fact it is advisable for all parties to have a binding rental agreement that accounts for common situations and provides remedies to ensure coverage.

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