Can Your Landlord Kick You Out For Fixing California

Tenant rights: Tin can a landlord kick me out?

Millions of people pay monthly rent to a landlord for a room or a home, but many will be unclear most their rights as a tenant.

BBC News asked Citizens Advice to answer the 20 most commonly asked questions.

ane. Can a landlord boot me out without a reason, and how much notice should I be given?

Your landlord tin can't evict you during the fixed term of a tenancy unless you breach a term in the tenancy agreement, such equally not paying rent or damaging the property, unless there is a break clause in your agreement.

If you lot stay in the home beyond the stock-still term and your landlord wants possession without a reason, they must give you at least two months' find, often called a department 21 find. At that place are a number of rules the landlord must follow for the notice to exist valid. The landlord must apply to court for possession of the property if you don't leave when the find expires.

You should get communication from an independent adviser, like Citizens Advice, if you receive a notice.

In Scotland, residential tenancies are open-ended, then tenants cannot be asked to leave simply because they have come to the end of the tenancy. If the landlord has grounds to evict the tenant, they must requite 28 days' notice if the tenant has lived in the property for six months or less, or 84 days observe if the tenant has lived there for more than 6 months. For specific grounds, such as a criminal conviction, the discover is 28 days irrespective of how long they have been in the belongings.

In Northern Ireland, once the fixed term is up, landlords must give four weeks' written discover, known equally a Notice to Quit.

ii. Can a landlord increase rent at whatever fourth dimension, and how much find should I exist given?

Your rent cannot normally be increased unless y'all hold or the tenancy agreement allows information technology. A rent review clause in a fixed-term tenancy volition not use after the stock-still term ends, if your tenancy becomes "statutory periodic". This is when your fixed term ends and your tenancy automatically continues month-past-month or calendar week-by-week - unremarkably based on your hire payment period - until you or your landlord gives observe.

Landlords of periodic tenants can use special procedures to heighten rents by giving you lot a formal observe, details of which are set down in law. This can exist appealed against in England to the kickoff-tier property tribunal, or to the rent cess committee in Wales, which will determine a "market hire" for the property.

In Scotland, landlords can increase rent in one case a year merely must give 3 months' written observe. Tenants can contact their local authority rent officer if they remember the increment is likewise loftier

For Northern Republic of ireland, once the fixed term is up, in that location are no limits to hire increases, either by how much or how often a landlord can heighten the rent.

3. What can I practice if my landlord fails to practise basic repairs, deal with pests etc?

Offset, ensure y'all are non responsible for the repairs. Tenants are usually expected to do small-scale maintenance jobs such as changing a lite bulb or repairing damage they have caused.

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If the landlord is not doing repairs they are responsible for, speak to them first to make sure they sympathise your concerns. If this does non help you can make a formal complaint by writing a letter to your landlord, explaining the trouble, what you lot want them to practise and including whatsoever evidence you accept.

If this does not solve your problem you can go to your council, which tin can help with complaints about repairs that crusade a risk to health and safety. Your council can look at your home and society the landlord to do the repairs if they think information technology is harmful to your health or safe.

Some landlords may attempt to evict a tenant who complains nearly repairs - so-called "retaliatory eviction". There is some legal protection for tenants in this position but talk to Citizens Communication if you're worried about this risk. You should not withhold rent because of repair problems considering your landlord may then have reason to evict you.

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Eviction by coercion may be an illegal eviction in Scotland, which is a criminal offense.

Scotland has had the Repairing Standard set of rules since September 2017. A tenant can refer the thing to the Housing and Property Chamber First Tier Tribunal for Scotland.

In Northern Ireland, there is no legal protection against retaliatory eviction.

4. When can a landlord withhold my deposit after I move out?

Most deposits should be protected in a tenancy eolith scheme and a landlord cannot take money from your deposit without either your understanding or arbitration by the scheme.

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A landlord who has failed to protect a deposit may have to pay a penalisation to the tenant and confront restrictions on serving discover.

Yous might not go the full corporeality of your eolith back if, for case, you owe rent, you lot have damaged the property or y'all have lost or broken items on the inventory.

Landlords should not take money for reasonable vesture and tear, such equally a carpet that has gradually worn out over time, or to set repairs that were their responsibility.

5. How long does he or she have to render my eolith?

If your deposit is in a tenancy deposit scheme, you lot should get your deposit back within x days of agreeing any deductions with your landlord. If you cannot attain agreement, you volition demand to check how to access mediation with your scheme.

If your deposit has not been protected, seek assistance from Citizens Communication about recovering your deposit through the court. Your landlord may also have to pay you a penalty for failing to protect your deposit.

Scotland has similar deposit protection schemes.

In Northern Ireland, your landlord has 30 days to get your eolith back to you lot later like-minded any deductions.

6. If nosotros are in dispute, can a landlord seize my holding?

Your landlord has a legal obligation to look after any of your property left in a property after y'all have moved out or been evicted.

They must make reasonable efforts to trace yous, and serve you with find - usually 28 days, merely three months if you lot owe them money - stating how yous tin collect the appurtenances, and that they will exist disposed of if they take not been collected by the death of the notice.

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If the goods remain uncollected, the landlord may sell or dispose of them and make a deduction from any proceeds for expenses reasonably incurred in storage or disposal. The balance will belong to the tenant.

seven. If a housemate moves out, whose responsibility is information technology to find a replacement?

If you have a joint tenancy with your housemate - each tenant is legally liable for the whole of the rent. This means, for example, that if they don't pay the landlord could pursue y'all, and any other joint tenants, for the money.

If your housemate is a joint tenant and wants to leave during the stock-still term, they could find a replacement agreed past you and the landlord. It is a good idea to put the agreement in writing then everyone knows where they stand up.

Without finding a replacement, your housemate would either accept to continue paying rent in order not to breach the tenancy, or come to an understanding for them to pay y'all to brand up the shortfall.

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In each case, the landlord must agree to the modify before you tin become alee every bit they need to concord to the surrender of the existing articulation tenancy and the cosmos of a new tenancy.

If you are having problems you should get advice from an experienced adviser, similar Citizens Advice.

For tenants in Northern Ireland, cheque your agreement to see if you lot are "jointly and severally liable". If you are, each tenant is liable for the rent of another who leaves; if not, the landlord would accept to pursue the tenant for unpaid rent.

8. What is the process if I lose my keys?

If you practise not have a spare fix of keys then you should cheque if your landlord or their agent has a spare fix of keys you can use to go a new gear up cut. Your tenancy agreement might also requite details about how you tin do this and whatever fees you will exist charged for a replacement.

If there is no a spare set you tin can contact a locksmith to get the locks changed but y'all will accept to pay for this and will also be responsible for whatever damage acquired, for example, to the door or doorframe. Check your tenancy agreement to run into if you take to tell your landlord if you change the locks.

nine. What should the landlord do if I am harassed by a housemate?

Yous should attempt to speak to your housemate first to see if yous can discover a style forward, simply only do this if you feel able to do then.

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Your landlord may exist able to help y'all by speaking to the housemate simply in that location is no duty for them to do then. Your landlord may exist able to take action to evict the housemate if they have breached the tenancy agreement in some way simply this can have fourth dimension. If you're a joint tenant and your housemate is evicted this would also end your tenancy so it is worth getting advice outset.

If you are in fear of violence or if y'all are existence racially or sexually harassed yous should contact the constabulary.

10. Can a landlord come into the property whenever they want?

The landlord has a right to reasonable admission to carry out repairs for which they are responsible and to audit the property, but usually they must give 24 hours' notice in writing.

In near cases, a landlord does not take the right to demand access without observe, or to enter the belongings without permission when the tenant is not there.

In Northern Ireland, the notice does not need to be in writing.

11. I have a disability. Can I demand the landlord brand a belongings suitably attainable?

If you have a inability and are having accessibility trouble in your habitation, y'all can inquire your landlord to either make adaptations or let you make the changes. If your landlord refuses, seek advice from an experienced adviser, like Citizens Communication.

One city, seven agents... and nowhere I can live

Disabled facility grants from local councils - or the Housing Executive in Northern Ireland - are available to landlords and tenants to cover the costs of adaptations in some circumstances.

12. Tin a landlord refuse someone receiving housing benefits, or Universal Credit?

Not all landlords and letting agents allow housing benefit or housing costs payments through Universal Credit, but you just need to say you receive them if they ask.

You might be able to get a landlord or letting agent to accept you by giving extra references or you could as well get a guarantor (someone who agrees to pay the hire if you don't).

Ask your council if they have a listing of landlords and letting agents who will rent to people who are getting Housing Benefit or Universal Credit, although this does not utilize in Northern Ireland.

xiii. Tin I be charged for clothing and tear, and how does the landlord decide on the amount?

Cheque your tenancy understanding to see if you have agreed to get out the holding in a certain condition. In general, you shouldn't be charged for wear and tear, but the landlord might ask you to pay for damage beyond that.

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If you've paid a eolith, the landlord might ask for that payment to be deducted from the eolith. If you tin can't concord, you can inquire the tenancy deposit scheme that holds your deposit to make a decision.

14. Can a landlord check my credit rating to see if I am at risk of failing to pay my rent?

Yes they can, only they must inquire for your permission first.

If you program to rent through a letting agent and accept bad credit history, tell them before they take any fees as you may not get these back.

If the landlord refuses you lot considering he thinks there is a chance of yous not paying the rent, you could offer rent in advance if you tin afford it, or a guarantor - if one is available - to secure the property.

15. How much tin can a lettings agent charge for administration fees?

Virtually lettings agents volition charge y'all to check your references and credit - the corporeality you can be asked to pay can vary a lot between agents. Yous might also be asked to pay fees if yous renew your tenancy.

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Enquire about your letting agent's fees before taking the property and earlier you pay any coin. Their fees must be displayed on their website and in their offices. They take to give you details of their fees earlier you agree to hire.

It is against the constabulary for your letting agent to accuse y'all for registering with them and giving information or lists of properties bachelor for rent, although this may not utilize in Northern Republic of ireland.

In Scotland, in that location is a mandatory register of lettings agents. Apart from rent and the security deposit, letting fees have been banned in Scotland since 2012.

16. Tin can a landlord prevent me from having friends or family unit to stay overnight?

You are entitled to "quiet enjoyment" of your home, which includes having the occasional overnight company. In some cases tenants will be held responsible for the behaviour of their visitors that could lead to renters breaching their tenancy agreement.

Whatsoever term in a tenancy agreement that says you can't have overnight guests without permission from the landlord or that you have to pay a fee is likely to be "unfair" and unenforceable.

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You should bear in heed the chance of eviction if you are outside a fixed term and you lot antagonise your landlord. Be articulate your guest is a company and you lot're not sub-letting. Virtually tenancy agreements say that you are non allowed to sub-allow all or role of your property without your landlord'southward agreement. If your guest pays coin to stay it's likely to be seen as sub-let.

17. What tin I exercise if I call back I'm existence discriminated against for ethnicity, religion or nationality?

If you think you are being discriminated against considering of your disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex or sexual orientation, you may be able to accept legal action.

You should get advice from an experienced adviser, like Citizens Advice.

eighteen. If I'm evicted at curt notice, where tin I get?

You lot should seek assistance immediately from an independent adviser, like Citizens Advice. An adviser volition be able to check whether your landlord has followed the correct process to evict you and whether you accept rights to be allowed back into your property. They should besides exist able to help yous with finding culling accommodation.

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Too, if yous are homeless, your local council may take to help find you somewhere to live. Depending on your circumstances, they might also provide you with emergency accommodation. Again, an independent adviser will be able to aid you with this application.

In Northern Ireland, the Housing Executive may have to help you discover somewhere to live.

xix. What should I do if I am struggling to pay the rent on time?

If yous need assist to pay your rent yous may exist able to utilise for housing benefit or for aid with your housing costs from Universal Credit.

You may also be entitled to other benefits if you are unemployed or on a depression income. If you are struggling with debt, seek help from an independent adviser, similar Citizens Communication.

20. Are there any specific issues in Wales and Scotland?

Landlords must be registered in Wales. If you feel your landlord has done something wrong, check your landlord is registered every bit at that place are financial penalties if they're not. If the landlord holds a licence, it may exist revoked for not post-obit the code of conduct.

In Scotland, landlords must register with the local council. The local authority must be satisfied that the owner of the property and the agent are fit and proper to let residential holding, before registering them. Tenants tin search the annals and it is an offence for a landlord not to register.

This advice applies to bodacious shorthold tenants, and about private tenancies in Northern Ireland. In Scotland, a new tenancy law was enacted in December 2017, affecting new tenancies from 1 December 2017, and the differences are explained where possible.

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