General obligations of landlords and tenants

Landlord-tenant disputes are a common occurrence in the renting process, and many could be avoided if both parties were aware of their rights and responsibilities.

General obligations of tenants

Tenants should:

• Pay rent on time.
• Use reasonable care and not damage property.
• Properly dispose of garbage.
• Refrain from taking on additional occupants or subleasing without the landlord's written permission.

Landlords should:

• Make property habitable before tenants move in.
• Make and pay for repairs due to ordinary wear and tear.
• Refrain from turning off a tenant's water, electricity or gas.
• Provide written notice to tenants when ownership of the property is transferred to a new landlord.
• Not unlawfully discriminate.

Eviction

A landlord may not evict a tenant without a court order. The landlord may begin eviction proceedings if a tenant:

• Damages property.
• Fails to pay rent.
• Violates terms of the lease.
• Injures the lessor or another tenant.
• Allows drug-related criminal activity on the premises.
• Fails to vacate at the end of the lease term.
• Gambles illegally on the property.

The tenant will receive a notice that an eviction lawsuit has been filed and will have the opportunity to be heard in court before any eviction.

FAQ:

Q - How do I evict a tenant for none-payment of rent?

A – To evict a tenant for none-payment only, you need to submit a Petition for Non-Payment of Rent form with court costs and service fee. (This form is not available at our office, however it may be purchased from many office supply companies and some housing associations.)

Upon filing, you will be given a court date, generally within 15 business days. If the judge rules in your favor, you will be given a judgment of possession. If tenant fails to vacate the property, you can file an execution (service fee required) and the Sheriff's Department will stand-by while the eviction is enforced.