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Feb
25
2013
Eviction And Assured Shorthold Tenancy: Tips For Landlords
Landlords
and rentersthese
dayswill
frequentlysign
a tenancy contract
which is
alsoknown
as
assured shorthold tenancy agreement.This
type of
tenancy agreementis
usually aform
ofleasethat
enables
the renting
person
to rent a
property
for a certainperiod
of timethat
isusuallyhalf
a year.
Reasons
For Terminating
The Lease Agreement
When
compared withother
types of
tenancy contracts
it is relatively
easy
for a landlord
to evict therenterwith
an
assured shorthold tenancy contract.Even
so,
even aftergetting
intoan
assured shorthold tenancy legal
contract,
both
sides,
landlordand
thenrenterremainbound
towhat
the law statesto
a certain extent.
In
the event thelandlordchoosesthey
don'tplan
tocontinueletting
their property out or
perhaps
they choose
to
evict the
currentrenter(s),
they
mightusewhat'stermed
a Section 21 Notice.Therentergenerallywill
not have
any way
tocontestafter
a
Section 21 Notice wasdelivered.
• Made
to the tenantno
less than2
monthsahead
of the
end date acknowledgedin
theclosed
tenancy agreement.Then
again,
this
proceduremandates
that
the initial 6
monthstimehas
alreadyconcluded. •
This
notice can
bedeliveredonce
the
initial six
months
concluded which
normallyimplies
that
the renterwill
now be
in a rolling month-to-monthagreement. •
Ithas
to be
received by the individualin
writingplussomewhere
on the documentationit
needs tovisiblysay
that
the notice will
bedeliveredin
accordance with
Section 21 of the Housing Act 1988. • Deadlines
for
example the
period of notice must
beconsidered.
Arenting
personneeds
tovacatein
accordance with thedeadline
- if
he or sheisn't
going to,
alandlordcan
take
the matter to
the court.
Where
A
Section 21 Notice Might
Not BeValid
It
may welltranspirethere
isn't alegalgrounds
for
a Section 21 notice, for
exampleif
theownerfailed
toadhere
to
his commitments.A
particularmain
reason
why an eviction according
to
Section 21 will
not beachievableis
ifthe
landlordmight
havefailed
toput
in
the security depositadequately
as required by legislation.
Just
WhatOtherReasonsExist
For A Lease
Contract
Termination?
• Rent
paymentsmust
always
be paid on
timeand
cannot
be delayedto
avoid
a potential
eviction.The
ownerwill
havethe
right tocommence
eviction proceduresonce
therenterdoes
not
pay for 8
weeks. •
In
case theproperty
gets repossessed
by a lenderresulting
from
failure by the landlord
with payments it
will alsoend
the agreementautomatically.
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in the letter I reevceid that she has scheduled my electric to be cut off for failure to have the bill in my name can my landlord do this do I have any recourse for this bill. I have the final bill from the electric company and the confirmation number and date I paid the bill.,
he would only refund $200 of the $450 dsoepit. I know The apt was not clean when he moved in because I ended up cleaning it for him. The walls were not freshly painted and the carpet was not clean. The landlord is claiming he had to repaint the walls and have the carpets cleaned. What recourse do I have? I am the commissioner of my ex-husbands estate,
In Ohio Ohio Revised Code Section 5321 governs the reithionsalps between landlords and tenants. That act is broken down into 18 or 19 different subsections, but the important one that we are dealing with is the 16th subsection R.C. 5321.16 which governs security deposits in residential rental housing. It states that if the tenant gives written notice of his forwarding address before moving out and if the landlord wrongfully withholds any portion of the security deposit for more than 30 days then the tenant (or in your case the tenant's estate) can sue for double the wrongfully withheld portion of the deposit and reasonable attorneys fees.If the tenant signed a one year lease and then died midway through the term then the tenant's estate will be liable for any unpaid rent or physical damages beyond normal wear and tear. If the tenant was on a month to month lease agreement then the tenant (or his estate) can terminate such an agreement by giving 30 days notice of an intent to vacate under R.C. 5321.17. But the security deposit can be used to pay for unpaid rent or damages beyond normal wear and tear. If there is still some of the security deposit left over after the unpaid rent (if any) is paid and after damages beyond normal wear and tear (if any) are repaired then the landlord does have to return the remainder of the security deposit regardless of whether or not the lease agreement terminated early.
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