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Your landlord cannot make you leave your home without giving you the appropriate notice. The notice period is usually four months, however sometimes this can be reduced to 2-4 weeks in serious cases.
Eviction Process for No Lease / End of LeaseWeek-to-Week If rent is paid on a week-to-week basis, a landlord must provide the tenant with a 7-Day Notice to Quit.Month-to-Month If rent is paid on a month-to-month basis, a landlord must provide the tenant with a 30-Day Notice to Quit.More items...?
A tenant has the right to quiet enjoyment of the property without interference by the landlord. This is called the covenant of quiet enjoyment. It exists in every lease.
For the landlord to forfeit, the lease must first contain a forfeiture clause. This allows the landlord to terminate the tenancy upon the tenant failing to pay the rent (usually after a period of grace of between 14-28 days) or in the event of any other specified breach of covenant.
You should say something like: I am giving 1 month's notice to end my tenancy, as required by law. I will be leaving the property on (date xxxxx). I would like you to be at the property on the day I move out to check the premises and for me to return the keys.
This is the process that the landlord must go through to get a court order to evict you:Give you a written notice that says your rental agreement is terminated on a certain date.File an eviction lawsuit against you in court if you don't move out by the date given in the termination notice;More items...
If your landlord has taken an unreasonable length of time to deal with a particular repair, taking into account the size of the job and how long the job should reasonably take to organise, then you may have an argument that the landlord is in breach of contract.
There is no law against evicting a tenant in the winter.
Possession and breach of covenant claims are breaches by the tenant (usually) or the landlord of their obligations contained in the lease. Tenants' breaches commonly include; failure to pay the rent, sub-letting without permission, carrying out unauthorised alterations, failure to repair or becoming insolvent.
In the covenant of quiet enjoyment, the landlord promises that during the term of the tenancy no one will disturb the tenant in the tenant's use and enjoyment of the premises.