Bob, Other/Just Looking in Missoula County, MT

Can i be legally kicked out of my rental apt. for no apperant reason?

Asked by Bob, Missoula County, MT Sat May 1, 2010

There was a argument between me and my daughter one evening. The Police arrived, No citations were isssued and i was allowed to stay at my apt. Now my landlord wants to evict me because he claims he wants to run a "Clean place". Is this legal?. Email me with your answer at mutt5784@msn.com

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Answers

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The answer lies in your lease agreement. If it has expired then you or your landlord can end your stay in the home for any reason. If the lease has not expired you should seek legal help to remedy the situation.
0 votes Thank Flag Link Mon May 3, 2010
What does your lease state--review the document and make a determination--and or you may wish to consult with an attorney who specializes in real estate--most professionals do offer a free consultation.
0 votes Thank Flag Link Sun May 2, 2010
An eviction is a legal process. It would require a court hearing by a judge. Only the judge will be able to determine whether or not the Landlord is acting within the rights of the contract and local laws. If this was a one time event (with the police and noise) the judge will probably side with you. The court is usually harder on the Landlord (as far as proving a case) because we are talking about kicking people out of their homes. Well that is just my opinion and how I have seen it played out in Michigan.
0 votes Thank Flag Link Sat May 1, 2010
It really depends on your lease.

A lot of leases (most, in fact) have one or more sections dealing with appropriate and inappropriate behavior. For example (and this is just an example; you have to check your own lease), the "standard" lease (the ones Realtors use) has this provision: "This Lease may be terminated at the option of the Landlord in case of any nuisance, excessive noise, disturbance or conduct offensive to any other occupant of the building or neighborhood." Also: "The Landlord shall have the right to terminate this Lease upon receipt of a preponderance of evidence that indicates an immediate threat that materially affects the health or safety of either the Landlord or other tenants."

So, if you were in Virginia (this isn't legal advice), and I were your landlord, I could terminate your lease. The argument certainly was a "disturbance . . . offensive to any other occupant of the building" and I'd say that having the police called would result in a "preponderance of evidence that indicates an immediate threat that materially affects the health or safety of . . .other tenants."

Again, this isn't legal advice and I don't know what's contained in your lease. However, my point is that the landlord may in fact have solid grounds to terminate your lease.

The answer lies in the terms of your lease. If in doubt, please consult an attorney.
0 votes Thank Flag Link Sat May 1, 2010
Don Tepper, Real Estate Pro in Fairfax, VA
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