Re: Move-In Before Evicting Tenant - Landlord Forum thread

Re: Move-In Before Evicting Tenant by Anonymous on June 15, 2012 @16:04

Thank you very much for the thoughtful response and what you recommend is probably what I will end up doing?

I do agree that if I were a tenant with a valid lease, I would be very upset if my landlord came in and moved into the unit I occupy. However, if this event were to happen, I could call the police and show that I "own" the "leasehold rights" to the property which provide me legal rights that restrict the landlord from moving into the property. If the lease were expired, I may still be upset if the landlord did the same thing, but in this scenario, I would not own the leasehold rights that would give me a legal right to restrict the landlord from occupying the property. Even though state statute protects me from "constructive eviction," I do not see where I (as the tenant in the latter scenario) would have any legal basis to restrict access to the owner, after the lease has expired.

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Re: Move-In Before Evicting Tenant by Anonymous on June 15, 2012 @16:24	[ Reply ]

The lease expires. The tenants are staying. You have to go to file paperwork and then go to court to legally remove them.

Re: Move-In Before Evicting Tenant by Anonymous on June 15, 2012 @17:25	[ Reply ]

Their rights still are intact even though the lease expired. The rights are not given by the lease but by the state's laws. The statues do not differentiate a tenant's right to privacy, etc depending on if there is a lease or not. All that needs to be in place is that the tenant is living or in possession of the property.