To terminate a tenancy, you have to follow your state's rules. Return security deposits according to your state's rules to avoid problems with ex-tenants. And remember, lock-outs and retaliation are off-limits.
This all-in-one legal guide includes an overview of terminations and evictions, and includes state-by-state rules on topics such as the amount of time a tenant has to pay rent or move before a landlord can file for eviction.
It's not uncommon for tenants with significant financial burdens to declare bankruptcy. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, which took effect on October 16, 2005, makes it easier for landlords to evict bankrupt tenants. The steps you'll need to take depend on whether the tenant files for bankruptcy before or after you get a judgment against the tenant awarding you possession of the rental.
The financial downturn resulted in thousands -- no, make that millions -- of foreclosed homes. Most of the occupants are the homeowners themselves, who must scramble to find alternate housing with very little notice. They're being joined by scores of renters who discover, often with no warning, that their rented house or apartment is now owned by a bank. Until May 20, 2009, their outlook was bleak, but federal legislation signed that day gives them important protections.
Most states protect tenants by making it illegal for landlords to retaliate against a tenant who has exercised a legal right. Protected legal rights include complaints to the landlord or government authorities about health or safety problems; complaints to government agencies or lawsuits alleging illegal housing discrimination; and political activity. These rights would have little value if a landlord could respond with a termination notice and eviction, a rent hike, or any other punitive measure.