i am very ill and landlord wants me to move out what kind of attorney do i need

by Marianne Abshire 4 min read

What are my rights if my landlord asks me to move out?

 · Here are some instructions you must do in order for you to break your lease early. The first thing you must do is to contact your landlord and inform him or her that you want to break your lease. Explain to him the medical crisis you or someone living with you is experiencing right now and that is requires that you must move out of the rental ...

Do I need a lawyer to file a lawsuit against my Landlord?

 · If your landlord is announcing that you all have to leave, and you all believe this, then they are going to get what they want. If they want you to move to another unit in the same building, why would moving costs compensate you for the hassle of moving all your stuff? See RCW 59 18 230. I'd want a lot more than my moving costs.

Can a landlord move a relative into my rental property?

 · In most states, your landlord is legally required to hold up his end of the bargain and that means making arrangements to have repairs made. If your phone calls or emails requesting repairs are ...

Can a landlord turn to harassment to get a tenant to move?

1. You legally have the right to ask the landlord, repairman or anyone else to leave your apartment at any time (Castle Doctrine). 2. The landlord must give adequate notice (at least 48 hours ...

What to do if you are harassed by a landlord?

Pro tip for landlords: If your tenants are accusing you of harassment, you will benefit from following these same tips. Take detailed notes of all your interactions. Use software designed for landlords to keep excellent records.

How to stop harassment from landlord?

A harassed tenant should also take the following steps to protect themselves: 1 Keep a log of every encounter you have with your landlord. Make sure to take note of the time, date, and what was said. 2 Write a letter to your landlord asking for the harassment to stop. Send the letter with proof of mailing and keep a copy of the letter. 3 Ask a witness to be there for landlord interactions. Witness accounts and video recordings of your interactions can be used in court as long as they were done legally. 4 Keep copies of all rental agreements, letters, notices, photos, names of witnesses, notes, and any other evidence used to support your claim. 5 Call the police if you feel like you are in danger or your safety is threatened

Does antiretaliation protect tenants?

It’s important to understand that the antiretaliation laws will shield you only for those activities that are mentioned in your state’s statute. Not all states protect tenants for all three types of actions mentioned above. To see what’s covered, see your State Laws Prohibiting Landlord Retaliation.

What to keep in a rental agreement?

Keep copies of all rental agreements, letters, notices, photos, names of witnesses, notes, and any other evidence used to support your claim.

Is retaliation against landlord illegal?

There are additional protections for tenants against landlord retaliation. If a renter has asserted his rights to stand up against harassment or filed a complaint against a landlord who isn’t making repairs, most states consider any retaliation from a landlord in response to these actions as illegal.

What happens if you butt your head with your tenant?

If you find yourself butting heads with your tenant, as long as your tenant is not violating any lease terms, you have to let them live in the property throughout the duration of the lease. Both renters and landlords need to be aware of what constitutes true harassment.

Is landlord harassment a problem?

Landlord harassment is considered such an issue in major cities of these states that specific laws and protections were created to protect renters and punish violators. See San Francisco, Santa Monica, CA, and NYC for examples of tenant protections against landlord harassment. Getting accused of harassment is a serious issue ...

What to do if landlord is violating your rights?

If you believe your landlord’s bad habits might be violating your rights, contact a real estate lawyer or your local housing authority for assistance.

What happens if my landlord doesn't answer my emails?

If they don’t return phone calls or reply to your emails, they may be violating the landlord and tenancy laws in your state. In most states, your landlord is legally required to hold up his end of the bargain and that means making arrangements to have repairs made.

What to do if you are being charged too much for a tenancy?

If you think you’re being charged too much, contact your local housing authority office. A representative who knows tenancy law can tell you what’s normal and what’s excessive for your area.

Do landlords have the final say on a lease?

You may assume that because the landlord owns the building, he has the final say—but that isn’t always the case.

Can a landlord charge late fees?

Many landlords use large late fees to deter tenants from paying their rent late, but fees that are too large may not hold up in court. An example is when your landlord charges a $75 late fee and an additional $50 for every day thereafter. You can take yours to small-claims court, which may decide if the fees are excessive.

Is it legal to call someone late at night?

However, if they frequently call late at night or early in the morning and don’t stop when asked, you may have the right to take legal action. In some states, late-night phone calls are considered harassment under tenancy law, especially if you have previously asked the landlord to stop contacting you at that time.

Can landlords make repairs without notice?

There is one exception to this rule. If you need an emergency repair, such as a busted waterline or a leaking dishwasher that could flood the entire place, your landlord can enter to make the repair without providing notice.

How long do you have to give notice to a landlord before you can leave?

2. The landlord must give adequate notice (at least 48 hours) before entering a tenant’s property, and may only do so without notice if there's an emergency. 3.

How long does it take for a landlord to exterminate a bed bug?

Two words: Bed bugs. Your landlord is legally required to get rid of those gruesome pests within 30 days, and must cover the cost of extermination. 10. You can bad-mouth your apartment and landlord to your mom, the police, the media—anyone! As long as you're honest, of course.

Can you ask a repairman to leave your apartment?

1. You legally have the right to ask the landlord, repairman or anyone else to leave your apartment at any time (Castle Doctrine).

Is it stressful to rent an apartment in New York?

Yeah, in some cases, renting an apartment in New York is no picnic. In fact, it can be downright stressful—especially if your studio is in poor condition and if your landlord is, well, a dick. But you know what?

Is rent negotiable?

5. Rent can be negotiable —though your landlord’s corporation and receptiveness will differ!

What to do if your landlord has filed for eviction?

Just because your landlord has filed for an eviction doesn’t mean you have to go. You can, and should, fight back. To do that, gather all of the documentation you can. Did your landlord claim you failed to pay rent? Bring copies of canceled checks. Does he claim you’re a nuisance to your neighbors? Certified statements from Nancy who lives downstairs saying you’ve never so much as stomped on your floor will be helpful.

How long does it take to pay rent before eviction?

Pay or vacate: This typically gives tenants late on rent three days to get current on their payments or leave the rental before eviction proceedings begin.

Do you have to leave after eviction notice?

You don ’t have to leave immediately. After the grace period is up on your written warning, you will receive an official eviction notice—also typically delivered by certified mail and taped to your door by the landlord. But that doesn’t mean you have to leave just yet, at least not according to the eviction laws.

How long does it take to get a notice to vacate?

No-cause notice: While this is not legal in every city or state, in most of the U.S., landlords can give month-to-month tenants an order to vacate within 20 days (the exact number may vary based on location). No reason or explanation is necessary. Tenants must abide by the notice, according to the eviction laws.

How do landlords notify tenants of eviction?

Landlords must notify tenants of an impending eviction by serving a notice, typically sent by certified mail and taped to the front door. There are four common types of notices:

Can landlords evict you for cockroaches?

In other words, landlords can’t evict you because you’re complaining about the lack of heat in your apartment or a cockroach infestation. This allows tenants to safely complain about health issues, safety concerns, or discrimination. You can check your state’s laws here.

Can a landlord change locks?

In other words: No, they can’t change the locks. No, they can’t throw your stuff on the sidewalk. All that amounts to an illegal eviction. Tenants who believe their landlord has evicted them illegally can initiate their own court case, and potentially receive damages.

What to do if landlord doesn't give notice?

If that doesn't work, the tenant may be able to bring it to the attention of the local or state housing authority or file a trespassing claim with local police or the court system.

What happens if a landlord violates housing laws?

If a landlord violates housing laws, a tenant may be entitled to remedies including monetary damages. On September 1, 2020, the Centers for Disease Control and Prevention (CDC) issued an Agency Order, which, as of this writing, has been extended until July 31, 2021.

What happens if a landlord locks a tenant out of the house?

Landlords who abruptly lock a tenant out of the property without warning may fall within the definition of retaliatory eviction. 5 Not only that but they may also be slapped with trespassing or burglary charges. Similarly, turning off utilities could be seen as intentionally putting a tenant in danger, especially if the local climate is prone to extreme heat or cold.

Can a landlord enter a property in an emergency?

Even states that mandate advance-notice rules allow exceptions. There are two that usually apply: A landlord may enter the premises in an emergency, such as a fire or leak, or if they believe the tenant has abandoned the property .

What time can a landlord enter a rental unit?

9 a.m. to 5 p.m. The only hours that landlords are able to enter a renter's unit in many jurisdictions: in other words, regular business hours on weekdays, from Monday to Friday. A tenant cannot deny a landlord's access to the property when proper notice is given and the request is reasonable.

When a landlord gives proper notice, what is the purpose of the notice?

When a landlord gives proper notice, whether it is in order to make repairs, conduct a routine inspection, show the property to prospective future tenants, or to carry out any other reasonable request their tenant may have to invite them to the unit.

How long do you have to give notice to a tenant?

According to many state statutes, they must provide at least 24-hour notice if they wish to enter an occupied property. 3 The notice must outline the reason for access and must be given in writing unless indicated otherwise by the tenant.

How long does a landlord have to give notice to terminate a tenancy?

In most places, if your family rents on a month-to-month basis, your landlord can terminate your tenancy for any nondiscriminatory reason, as long as she gives you the required amount of notice—30 days in most states.

How long does it take to terminate a month to month tenancy?

In most places, if your family rents on a month-to-month basis, your landlord can terminate your tenancy for any nondiscriminatory reason, as long as she gives you the required amount of notice—30 days in most states. You can find the amount of notice required in your state in Nolo's chart State Rules on Notice Required to Change or Terminate a Month-to-Month Tenancy.

Can a landlord move a relative into a rental?

Depending on the rent control law that applies to your rental, it is possible that a landlord's desire to move a relative into the rental constitutes just cause for ending your tenancy. However, to be sure, you will need to research the applicable rent control laws.

Can you end a tenancy with rent control?

In most places with rent control, landlords must have a good reason— known as just cause— to end a tenancy. Depending on the rent control law that applies to your rental, it is possible that a landlord's desire to move a relative into ...

Can you renew a lease if it expires?

If you have a fixed-term lease, your landlord must honor the lease for the length of the lease term, but can refuse to renew it when it expires, which will mean you have to leave at that time.

Can a landlord evict tenants?

Answer: It might be okay for a landlord to evict tenants in order to move the landlord's relatives into the rental. Whether your landlord can terminate your tenancy to move in her relatives depends on a couple of things: What type of tenancy you have, and what are permissible reasons for ending tenancies under the law where you live.

Can you end a tenancy with a family member?

Depending on the type of tenancy and the laws where you live, your landlord might be able to end your tenancy in order to move a family member into the rental.

What to do if landlord discriminates against you?

If you believe your landlord is discriminating against you, you may need a lawyer to stop the illegal actions and help you recover damages for any harm you suffered. One option is to hire a lawyer to sue the landlord in court.

What happens if your landlord doesn't fulfill your lease?

If your landlord isn't fulfilling important obligations under your lease and the law, it can lead to major problems. For example, think of the landlord who keeps putting off needed heating system repairs until winter is well under way, or the landlord who ignores a ground-floor tenant's requests to fix a broken window until a burglary occurs.

What is tenant rights?

The more you know the law and your legal rights, the better. The Tenant Rights section of the U.S. Department of Housing and Urban Development (HUD) website provides a wide variety of state and local resources, including links to fair housing groups, rent control boards, tenant unions, and legal aid organizations for each state ;

Do you have to pay a lawyer if you win a lease?

Since the landlord pays the lawyer's bill if you win, a lawyer needn't worry as much about getting paid by you.

Do lawyers have to break the bank?

Hiring a lawyer doesn't have to break the bank. Depending on your needs, your budget, and your confidence in your ability to handle a matter on your own, you might find a lawyer who will agree to meet with you for an hour here and there as a coach.

What happens if you don't have renters insurance?

If you have renter's insurance, your insurance company will cover the loss and its lawyers will then seek reimbursement from your landlord. If you don't have insurance or have inadequate coverage and the damage to your property is substantial, consider hiring a lawyer to help you obtain reimbursement from your landlord.

What to do if landlord refuses to honor promise?

If the landlord later refuses to honor the promise, you might need to hire a lawyer to write a stern letter to your landlord, with a reminder that landlords can be held liable for some criminal activities at their rentals, and threatening a lawsuit unless the landlord follows through.

Who said you have no direct right except a protective order?

Joel S. Wadsworth. Unless you can show that there is danger to himself or others, contact his immediate family. Report incidents to the police so there is documentation. You have no direct right except a protective order which is usually not useful if the neighbor is unstable.

Can you have a protective order on a neighbor?

You have no direct right except a protective order which is usually not useful if the neighbor is unstable. Get a Doctor to observe neighbor during an over the fence or social situation so you have the basis for a professional opinion to back up a protective order or a intervention.