There are several common contested issues in an eviction case. They may include: nonpayment of rent, habitability issues, failure to make repairs, and leaving personal property. The following is a brief overview of these types of issues and how to handle them. A lawyer should address these concerns before filing the case. A landlord should not attempt to settle a dispute with the tenant based on such issues. Instead, the landlord should consider using a defense to reduce the risk of losing the case.
Nonpayment of rent
If you have been late on your rent payments, you should try to convince your landlord to give you a few more days before filing an eviction case. You can usually persuade your landlord to allow you to pay your rent if you have a valid reason for late payments. In case the landlord doesn’t agree, you should set aside some rent in a separate account to give yourself some credibility in court.
If the tenant does not pay rent on time, the landlord can terminate the lease by giving a written notice. The notice will state that the tenant has 14 days to pay their rent before eviction proceedings begin. In some states, landlords can file an eviction lawsuit even if a tenant has not paid all of their rent in the stipulated time. However, if your landlord has served your tenant with a valid eviction notice, the landlord can proceed with eviction proceedings without your consent.
Many landlord-tenant disputes revolve around habitability issues. Habitability is the condition of a rental unit and is required by law. Landlords must keep their rental units clean and sanitary, repair damaged equipment, and adhere to health and safety codes. There are many ways to dispute habitability, but some are more common than others. These are listed below. Listed below are examples of common disputed issues that landlord-tenant disputes can include:
First, landlords may breach the implied warranty of habitability. In this case, the landlord may fail to provide working electricity, hot water, or heat during cold weather. It may also be unsanitary or infested with rodents. Commercial, industrial, or condo buildings are not covered by this warranty. Therefore, it is best to consult an attorney before filing an eviction lawsuit. Here are some common disputed issues that you may encounter in an eviction case.
Failure to make repairs
The tenant may be able to withhold a portion of rent due to a disputed issue, such as failure to make repairs. However, if the landlord fails to make necessary repairs, the tenant may be able to deduct a third of their daily rent. NMSA SS 47-8-27.2(A)(1) states that tenants must make repairs daily. However, the tenant may not be able to withhold a third of their rent until the dispute is resolved.
It is important to note that the landlord must maintain the rental property according to the local building codes. If you fail to make necessary repairs, you should not cite any legal reasons to displace the tenant. However, you should provide a written notice to the landlord of the issue. Keep copies of invoices and receipts to support your claim. For legal reasons, you should also contact a reputable landlord and tenant attorney.
Leaving personal property behind
When tenants leave their rental properties, they sometimes leave behind their personal belongings. In some states, landlords must store abandoned personal property while in others, the tenant can take that property with him. In any case, it is essential for landlords to follow the law and follow eviction procedures to ensure that the tenant’s personal belongings are not sold. Leaving personal property behind is a common disputed issue in eviction cases, and is often argued in court.
In Chicago, landlords must follow the laws regarding abandoned properties. Leaving property behind is not a crime, but it is important to be sure that your landlord is not in breach of their legal obligation to store the property. If the tenant leaves valuables behind, the landlord may consider them abandoned property and charge you accordingly. It is therefore important that you obtain written confirmation from the tenant that they have left their personal property behind. In addition to this, inform them that you may charge them with disposing of the property.