Walk It Through: The Complaint
A presumption for one year, 30 to 90 days' notice, and no lockout without a warrant.
A tenant reports a broken heater to the city housing inspector, and soon after the landlord says the lease will not be renewed.
Two things a person in this spot might do. Picking one shows what the law says about it.
One apartment and one complaint. Rent regulated homes, the good cause eviction law, and the eviction case itself are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Class A misdemeanorThe higher misdemeanor class, carrying up to 364 days in jail and a fine of up to $1,000.
- Search warrantA court's warrant to search, executed not more than ten days after it was issued, and only between 6:00 A.M. and 9:00 P.M. unless it expressly authorizes any time.
- Unlawful evictionRemoving an occupant who has lawfully lived in a home for thirty consecutive days or longer without a warrant of eviction or other order, by force, cutting essential services, removing belongings or the door, or changing the lock without a key.
- Warrant of evictionThe warrant the court issues to a sheriff, marshal or constable after a judgment for the landlord. The officer gives at least fourteen days' written notice and carries it out only on a business day between sunrise and sunset.
- RetaliationServing a notice to quit, starting an eviction, or substantially changing the tenancy, including refusing to renew, because of a good faith complaint, an effort to enforce rights, or taking part in a tenants' organization.
- Special proceedingThe court case through which alone a tenant or lawful occupant of a dwelling may be removed. A case for unpaid rent needs a written demand served with at least fourteen days' notice.
- Warranty of habitabilityThe landlord's promise, in every written or oral residential lease, that the home and shared areas are fit for human habitation and that occupants are not subjected to conditions dangerous to life, health or safety.
- Notice of non-renewalWritten notice a landlord gives before not renewing, or renewing with a rent increase of five percent or more: at least 30, 60 or 90 days, depending on how long the tenant has lived there.