Can a landlord evict or make a tenant movefor no reason?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a landlord evict or make a tenant movefor no reason?

My mother has had a verbal agreement with a landlord for the past 8 years, requesting that she pay $500 per month. Now he is threatening to move a new tenant into the home being rented by mother once she asks him to fix minor problems. The water on the property is provided through a well, and the well has run dry causing mud and bacteria to dispense through the water faucet. He ignored this problem for months before fixing and threatened to move new tenants into the home. Is a he able to just throw my mother and I out just to make more money or does he have to find a comparable dwelling first?

Asked on August 18, 2011 Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Being a landlord is a business--there is nothing legally wrong with a landlord trying to make more money.

If you have only a verbal (or oral) agreement, you are a month-to-month tenant. Either the landlord or the tenant can end a month to month tenancy with 30 days notice. So without a written lease, you have little protection, and a landlord can increase your rent or terminate your tenancy entirely with notice.

If the landlord can terminate your tenancy, he does not have to wait until you find a comparable dwelling. Note however that improper notice of termination may prevent the landlord from terminating tenancy, at least until proper notice is provided.

If you have not had clean water for some period of time while you have lived there, you may have a claim against the landlord for damages (compensation)--basically, if the home with clean water is worth $500/month, but without is only worth $250 rental, and there was no clean water for 6 months, potentially you have a claim for 6 x $250 = $1,500. Also, for however long you reside there, you may be able to bring a legal action to force the landlord to fix the water. You therefore may wish consult with an attorney, who can see if you do in fact, based on all the circumstances, have a claim and any other legal recourse.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption