Four Common Rules that Apply to a 30-Day Eviction Notice

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Four Common Rules that Apply to a 30-Day Eviction Notice

Staff Writer · Apr 13, 2010

A 30 day eviction notice is typically not the time-sensitive issue as an eviction that is related to the non-payment of rent. Therefore, such a notice allows the tenant more time to correct the situation or make the necessary provisions to leave the premises. Usually, there are four common rules that apply to such a notice and are good to keep in mind if your receive an eviction with this type of window of time.

#1 – Landlords Must Follow Stricter Guidelines in Rent-Controlled Properties

Because landlords can abuse their privileges with respect to eviction in rent-controlled properties, they must follow stricter guidelines for eviction. If a landlord evicts a tenant from a rent-controlled apartment, he has the opportunity to end the rent control. Therefore, in order to issue a 30-day Eviction Notice for a rent-controlled or rent-stabilized unit, the landlord must show he has the legal grounds to do so. Typically, he can only issue an eviction letter if the tenant has not paid his rent, has broken or violated a part of the lease or is guilty of conducting illegal activities on the property.

#2 – A 30-Day Notice Can’t Be Given for Illegal Reasons

Although, in the majority of states, a landlord is not obligated to give a reason for an eviction, he also can’t evict a tenant for illegal reasons either. For example, he can’t insist the tenant leave in retort to the tenant’s request for needed repairs or maintenance nor can he evict the tenant for reporting certain violations on the property. If you, as a tenant, feel you’ve been wronged in this regard, you have the right to file a Wrongful Eviction Claim. You must act quickly if you feel you have a case as the statute of limitations for such claims are effective, in most states, only up to a year. If the court rules in your favor, you can receive payment for damages as well as possession of your apartment once again. The law enforces stiff penalties towards landlords who evict tenants unlawfully.

# 3 – Special Considerations Must Be Given to Certain Tenants

In some instances, if the 30-Day Notice is given to individuals, such as elderly residents, disabled tenants, or renters who must move because the apartments are being converted to condominiums, special accommodations may be in order. In these types of circumstances, the landlord sometimes is liable for paying the relocation expenses of the tenants he is asking to leave.

#4 – The Lease Must Expire before a 30-Day Notice is Given

A 30-Day Notice can’t be presented before a lease expires. Therefore, a landlord can’t give tenants this type of notice during the time their leases are still in effect. He must wait until the lease period is over before he’s allowed to do so.

Eviction laws can vary from state to state as well as differ in the jurisdictions within a state; therefore, it’s good to check them out in your specific town or city. Generally, though, the above rules apply in most locales.

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