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by srothstein
Sat Oct 05, 2013 9:54 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Eviction Notice
Replies: 23
Views: 5651

Re: Eviction Notice

I agree that you should talk with the landlord, but most of the posters have missed one obvious point about his entry into your apartment. Almost every lease has a clause for him to enter for maintenance purposes, and the damage to the floor clearly meets that clause. I would say a court would also see that your roommate's reporting the damage to him would constitute notice that he was going to enter.

This is a civil matter that I do not have extensive experience with, but my understanding is that he can not give you notice to vacate without some violation of the lease. I doubt that accidental damage is a violation, though the tenant may be liable to pay for the damages. Short of what a court would consider a violation, all they can do is refuse to renew the lease and ask you to leave. If they ask you to leave now, I would say they cannot hold you responsible for any future rent, etc.

To me, the question is if you are considered separate tenants or not. I have a daughter that is renting an apartment at college where the college signs individual leases with each roommate. If one is evicted, the others are not even liable for that share of the rent. My other daughter is sharing an apartment where the leases is for all occupants at one time. Each occupant is jointly responsible for the rent and all expenses. If one of them did something to cause an eviction, all of them could be evicted. So, I see your situation as being very dependent on which of these types of leases you have.

Overall, try to talk with the landlord and see what you can work out. If that fails, talk with a good attorney, at least for the advice, if not to represent you in court.

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