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...On April 16, 2001, Berkeley Manor mailed a second notice of noncompliance to plaintiffs, alleging that they had falsified information on their rental application and, on April 24, 2001, filed a motion to amend the eviction complaint based upon the...
...On April 16, 2001, Berkeley Manor mailed a second notice of noncompliance to plaintiffs, alleging that they had falsified information on their rental application and, on April 24, 2001, filed a motion to amend the eviction complaint based upon the...
subject-matter jurisdiction over the eviction proceeding due to deficient notice.
-5- that it would evict Jeshuat Israel from Touro Synagogue by sending a written notice
Here, defendant’s apartment was subsidized by HUD, which paid over 75 percent of her rent, and a landlord seeking to evict a tenant was required to send a termination notice that complied with federal regulations as set forth in...
“[u]nless you make payment of all rent in arrears within ten (10) days of the date that this Notice was mailed to you, your tenancy will be terminated and an eviction notice may be initiated in court against you...
...breach of a rental agreement estopped from pursuing an eviction action against a tenant for that breach if he accepts rent without a written reservation of that right, even though the tenant has actual notice of the pending eviction action?
If the tenant has violated subsections 8, 9 or 10, the landlord may immediately file a complaint for eviction without the requisite notice and right to cure.
The motion justice concluded by stating that “the Court finds that the notice is in fact insufficient, thus depriving the Court of jurisdiction over this eviction action.”
...Although it satisfied state requirements, the notice here was not effective because it did not satisfy the controlling federal requirements. Therefore, the notice did not provide an adequate basis for initiating an eviction action. Our holding today is in agreement...
...Relying on that statute, the trial justice reasoned that if the testimony showed that McLeod had notice of WHA’s continuing efforts to evict her, she would deny defendant’s motion to dismiss the action despite the language of § 34...
...Here, WHA sent McLeod two separate termination notices, one on January 8, 2005, and the other on February 2, 2005. Those notices make it clear that WHA alleged that McLeod had breached her rental agreement. Nonetheless, WHA continued to accept...
...Waugh mailed two separate notices to each of the Hendersons. The first was a notice of non-payment of rent, stating that an action for eviction may be instituted against them, and the second was a notice of termination of...
...Based upon a notice of termination pursuant to G.L. 34-18-27 (1956, 1995 Reenactment) of the Residential Landlord and Tenant Act, plaintiffs sought to evict defendant, who was then their daughter-in-law.
...notice must specify the acts and/or omissions constituting the breach, the acts necessary to remedy the breach and a twenty day period to remedy the breach. Failure to remedy the breach allows the landlord to commence an eviction action.
In our opinion, the trial justice committed an error of law when she held that the general notice provision, § 34-18-14, trumped the very specific wording of § 34-18^41, simply because McLeod knew that the eviction action was...
...Instead, she relied “on the basic common law doctrine of holdover tenancy, which basically, allows an owner of real estate to evict an individual after their term is up and upon proper notice.” The Superior Court justice rejected this approach...
...Instead, she relied "on the basic common law doctrine of holdover tenancy, which basically, allows an owner of real estate to evict an individual after their term is up and upon proper notice." The Superior Court justice rejected this approach...
...reach those arguments; she did state, however, that “[a]ny one of those failures is sufficient in the Court’s mind to find that the notice was ineffective and, therefore, insufficient as far as being the basis of eviction action.”
Although § 31-44-2(a) refers to the landlord-tenant act, the statute clearly and unambiguously states that eviction of a tenant can only be effectuated if one of the six enumerated conditions applies, conditions that "take[] precedence over any...