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Posted by richard on August 23, 1999 at 10:22:40:

In Reply to: the landlord may not like it... posted by Will on August 23, 1999 at 08:28:48:

Will:
She is a month to month tenant and he has a right to evict or raise the rent (even $500)with a 30 day noitce

So If there was no prior disagreements with the LL... she stated there was..then she would have a case,
but her husband ticked off the Landlord and he doesnt want them both in the apartment.....
And there is no indication that the husband has even tried to apoligize and make things right.
What about his right to feel safe and secure in his own home he paid for?
Thats what I am asking.

Richard

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: But to evict because someones husband moves in is considered illegal. And the eviction may not hold. A month to month tenancy can be terminated arbitrarily given 30 days notice but with a longer lease the landlord would have to wait for the lease term to expire and then not renew...

: Rich you may be right to a certain degree but if this person can prove to the court that the eviction took place as retaliation for her husband moving in then the eviction will probably be overturned and the landlord subject to fines....thats a big if though. Since this is a month to month the onus is on the tenant to prove this...the landlord doesn't need to state a reason not to renew.

: Will

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Comments:
: Will:
:  She is a month to month tenant and he has a right to evict or raise the rent (even $500)with a 30 day noitce
:  
:  So If there was no prior disagreements with the LL... she stated there was..then she would have a case,
:  but her husband ticked off the Landlord and he doesnt want them both in the apartment.....
:  And there is no indication that the husband has even tried to apoligize and make things right. 
:  What about his right to feel safe and secure in his own home he paid for?
:  Thats what I am asking.

: Richard

: -----------------------------------------------------------------------------------

: 
: : But to evict because someones husband moves in is considered illegal.  And the eviction may not hold.  A month to month tenancy can be terminated arbitrarily given 30 days notice but with a longer lease the landlord would have to wait for the lease term to expire and then not renew...

: : Rich you may be right to a certain degree but if this person can prove to the court that the eviction took place as retaliation for her husband moving in then the eviction will probably be overturned and the landlord subject to fines....thats a big if though.  Since this is a month to month the onus is on the tenant to prove this...the landlord doesn't need to state a reason not to renew.

: 
: : Will


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