Tenant Move Out Cleanup >> How To Start A Business Cleaning Trash Out Of For

Using a charge or threat of criminal trespass against tenants in order to evict them without the benefit of a court hearing is an abuse of the law. Police who participate in such an action may be guilty of official misconduct.108 In such cases, How To Start A Business Cleaning Trash Out Of For tenants may sue both the landlord and the police for abusing the law.Tenants subjected to this treatment should see an attorney.

Subsidized housingIf you receive a housing subsidy or live in a federal or state housing project, you may have rights inaddition to those provided by state law. For example, if AHFC, Division of Public Housing pays part ofyour rent under the Section 8 program, How To Start A Business Cleaning Trash Out Of For your tenancy may be terminated only in accordance with yourlease. 

Contact your local AHFC, How To Start A Business Cleaning Trash Out Of For Division of Public Housing office for more information about specialrequirements.Retaliation by the landlordThe landlord may not retaliate (in the manner described here) against a tenant because: the tenant complains to the landlord about his failure to perform the landlord's responsibilities.

The tenant exercises his legal rights under the Alaska Landlord and Tenant Act; the tenant organizes or joins a tenant union or similar organizations; or the tenant complains to a government agency responsible for enforcement of governmental housing, How To Start A Business Cleaning Trash Out Of For wage, price or rent controls.The law prohibits retaliation by the landlord. 

This means the landlord cannot: raise the rent; decrease services (such as shutting off utilities); How To Start A Business Cleaning Trash Out Of For or start or threaten to start an eviction proceeding against the tenant.109If a tenant feels that illegal retaliation has occurred, the tenant can move out or stay, and in either case,sue for as much as 1-1/2 times the actual damages.

When it's NOT retaliationAn eviction proceeding is not considered illegal retaliation if the landlord (in good faith) acts because: the tenant is behind in rent; How To Start A Business Cleaning Trash Out Of For the landlord needs the dwelling vacant to make repairs needed to meet code requirements; the tenant is using the place for illegal purposes; 

The landlord wants to use the place for something other than a residential dwelling for at least sixmonths or for personal purposes; the landlord wishes to substantially remodel How To Start A Business Cleaning Trash Out Of For or demolish the unit; or the property is being sold and the new owner intends it for personal use, or intends to substantiallyremodel or demolish, or change it from rental use for at least six months. 

A rent increase is not considered illegal retaliation if the landlord can show, How To Start A Business Cleaning Trash Out Of For in good faith: a recent sizable increase in taxes or cost of maintaining the property (not including the cost ofrepairing something because of the tenant's complaint);112 that similar dwellings are being rented for a higher rate or, if there are no similar dwelling units.

The proposed rent does not exceed the fair rental value of the dwelling; How To Start A Business Cleaning Trash Out Of For or that the true costs of major improvements made to the property are being passed on to all tenantsfairly and equally.114If the tenant won't moveIf the tenant refuses to move at the end of the period specified in the Notice to Quit, the landlord must goto court to evict. 

The landlord may NOT take over the rental dwelling by force How To Start A Business Cleaning Trash Out Of For or by locking out the tenant.The court refers to most eviction suits by landlords as "Forcible Entry and Detainer” (F.E.D.) cases.How F.E.D. cases workThe property owner files his or her claim with the court. The tenant receives a complaint and summons toappear in court. 

The tenant has twenty days to file an answer to the complaint.There will be two hearings. The first hearing will address who gets possession of the dwelling unit. Thesecond hearing, How To Start A Business Cleaning Trash Out Of For which will be scheduled by the court for a date after the first hearing, will determinewhether the property owner or tenant have any damages. 

At the second hearing both the property ownerand tenant have a right to present evidence of damages How To Start A Business Cleaning Trash Out Of For and the parties have a right to a jury trial.The first hearing (possession hearing) will be scheduled not more than 15 days after the case has beenfiled in court. The summons should be served on the tenant no less than 2 days before the day of thehearing.115

At the hearing, both the property owner How To Start A Business Cleaning Trash Out Of For and the tenant will have an opportunity to tell their side of thestory to the judge. The property owner and tenant can raise defenses and counterclaims to the complaintat that time. There is no right to a jury trial at the possession hearing.116If the judge finds in favor of the tenant, the tenant will be allowed to stay and the property owner may berequired to pay the tenant's attorney fees.

If the judge finds in favor of the property owner, the tenant will be served a court order to vacate. The judge will decide how long the tenant has before he or she must be out of the rental unit. If the tenant stilldoes not move, How To Start A Business Cleaning Trash Out Of For the property owner can get a writ of assistance from the court that will permit the police toassist in the eviction. 

In addition, the tenant may be required to pay the property owner's attorney fees.F.E.D. cases are usually handled by district court. For more information on eviction procedures, How To Start A Business Cleaning Trash Out Of For see AS09.45.060-AS 09.45.160, Forcible Entry and Detainer, and Civil Rule 85 of the Alaska Rules of Court.

More specific answers to questions on F.E.D.s may be found in a booklet prepared by the AdministrativeOffice of the Alaska Court System. Inquire at your local court or magistrate's office. Tenants may have a legal defense or claim against the property owner which could prevent an eviction. Ifthey do not want to be evicted, How To Start A Business Cleaning Trash Out Of For tenants must act quickly and should see an attorney.

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