NationalEvictions Blog – Learn Through Industry Articles about Legal Services, Laws and the Eviction Process.

Your rights as a renter in Pa. and N.J.

Your rights as a renter in Pa. and N.J.

  • Posted: Feb 04, 2018
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Your rights as a renter in Pa. and N.J.

by Caitlin McCabe, STAFF WRITER  @mccabe_caitlin  cmccabe@philly.com

 

Find out more about Evictions in your State on NationalEvictions.com – Read the Landlords – Eviction Process in your State

 

Revelations in the spring from investigative nonprofit ProPublica were as unexpected as they were troubling: In New York City’s “rent-stabilized” apartments, rents weren’t so stable, after all.

 Despite a 1974 law enacted to provide rent control to some New York City tenants — legislation aimed at preventing steep increases or arbitrary evictions — a loophole passed by state lawmakers in 2003 actually allows landlords to do the very things the original legislation tried to prevent.

The result: Tenants have seen increases in their monthly rent — sometimes by hundreds, even thousands, of dollars.

 The problem, ProPublica found, stemmed from wonky laws — and regulatory agencies that couldn’t quite keep up with monitoring landlords. In theory, nearly one million apartments in New York City are supposed to be rent-stabilized and regulated by the Rent Guidelines Board, which sets allowable increases. But thanks to the loophole, landlords were able to skirt those allowances by offering tenants “preferential rent” — a price lower than the “legal rent” listed on the lease.

Preferential rent can be rescinded when the lease is renewed, ProPublica found, and landlords can suddenly charge their “legal” rent, which many landlords set themselves, because of little oversight. That can result in hundreds or thousands of dollars extra each month — and can lead to eviction and gentrification.

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Eviction Laws Allow Winter Evictions in Alaska

Eviction Laws Allow Winter Evictions in Alaska

  • Posted: Dec 10, 2017
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The Alaska Landlord and Tenant Act defines the rights and obligations of landlords and tenants in winter months. A landlord is the property owner or the agent of the property owner and the tenant is the person who rents the dwelling. The Act applies to the rental of a residence, including a house, apartment, condo or mobile home.

 

 

Eviction

An eviction is the lawful removal of a tenant from a dwelling. Alaska law requires the landlord to give the tenant notice of the termination prior to evicting the tenant. If the tenant refuses to move, the landlord can begin the eviction process by filing a “Notice to Quit” with the court.

Termination

A landlord may terminate a tenancy without cause (only on a month-to-month lease, and after giving the tenant a 30-day notice) or for cause. In Alaska, a landlord may terminate a tenancy for cause for failure to pay rent, purposeful infliction of damage to the dwelling, engaging in illegal activity, failure to pay for utilities, breach of duties or abandonment.

Winter Eviction

A landlord can evict a tenant living in an apartment, house or condo at any time, even in the winter. If the tenant lives in a mobile home, the law prohibits a landlord from evicting the tenant between October 15 and May 1.

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Indiana Notary Laws Will Change In 2018

Indiana Notary Laws Will Change In 2018

  • Posted: Nov 29, 2017
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Indiana Notary Laws Will Change In 2018

Press release from the Office of the Indiana Secretary of State.

(Indianapolis, Ind.) – The largest group of public officials in the state of Indiana will soon see big changes in how they are commissioned for public office. Indiana is updating its notary laws to provide better protections for notaries and their clients.

A notary public is a public officer of the state, authorized by law to certify documents, take affidavits, and administer oaths. Currently, notaries must live in Indiana, acquire a $5,000 bond and are limited to a $2 fee for services. To bring Indiana’s notary laws in to the 21st century and in line with the rest of the nation, the Governor has just signed a new notary law that will take effect July 1, 2018.

“The ability to get documents notarized can have a significant impact on an individual’s ability to do business,” said Secretary of State Connie Lawson. “Many transactions such as purchasing a home or car require notarized documents. This new law will open up opportunities for additional notaries while ensuring integrity and oversight.”
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Glossary of Eviction Terms

Glossary of Eviction Terms

  • Posted: Nov 08, 2017
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GLOSSARY OF EVICTION TERMS 

www.nationalevicitons.com

Lawsuit – an action commenced by a plaintiff in a court that seeks a remedy, legal or equitable, against a defendant.

Cause of Action – each individual claim made in a document called a complaint that starts the lawsuit.

Damages – the monetary values of losses a Landlord suffers from a tenant’s actions and inactions, including but not limited to, rent due but unpaid, destructive damages to the rental property, and unpaid late fees.

Judgement – the document that concludes a litigants’ right in a lawsuit, which can be executed or collected upon, which may be applicable to a cause of action or the entire lawsuit.

Execution – a legal term that refers to the official enforcement of a court document such as a judgment or a writ, often enforced by the Sheriff or Police.

Landlord – the personal or company that owns or has an equity interest in rental property and leases the rental property to a tenant.  A Property Manager is not a Landlord but may act on behalf of the Landlord’s interests.

Tenant – a person or company that agrees to rent a rental property from a Landlord.

 

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Alabama Evictions 5 Steps to follow.

Alabama Evictions 5 Steps to follow.

  • Posted: Nov 05, 2017
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Default for Non-payment of Rent Alabama 

Step One: The Termination Notice

Under Alabama law, the first thing you must do is serve, or have served by your attorney, a seven day notice to the tenant stating that if the past due rent, and all appli­cable charges, are not paid, the lease is terminated after the expiration of seven days from the date of service of the notice. The termination notice is served by mailing it to the tenant and by either personally serving it on the tenant or posting it on the door of the residence. It is absolutely imperative that you not accept rent after the service of the termination notice. If any rent – no matter how small – is accepted, the process has to begin over with a new termination notice. Therefore, if you accept rent after the termination notice is served, make sure that the ten­ant has paid in full all that is due. The best practice is to accept only a certified check or money order at this point to ensure that there is no problem with the tenant’s check.

If the tenant has defaulted on the lease by failing to comply with any other term of the lease, by commit­ting a criminal act, or by failing to observe the rules of the community, the steps are only different with regard to the type of notice required and what must be shown at trial. In material non-compliance situations, you must serve the tenant a fourteen day notice stating that if con­dition is not cured, the lease is terminated after expira­tion of fourteen days from date of service of notice. The notice should describe with as much particularity as possible what the condition is, when it was breached, and what is required to rectify the situation. If condi­tion is not cured (or cannot be cured) after fourteen days, then you must file an unlawful detainer action in court.

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