General obligations of landlords and tenants
Landlord-tenant disputes are a common occurrence in the renting process, and many can be avoided if both parties are aware of their rights and responsibilities.
General obligations of tenants
- Pay rent on time.
- Use reasonable care and not damage property.
- Properly dispose of garbage.
- Refrain from taking on additional occupants or subleasing without the landlord's written permission.
- Make property habitable before tenants move in.
- Make and pay for repairs due to ordinary wear and tear.
- Refrain from turning off a tenant's water, electricity or gas.
- Provide written notice to tenants when ownership of the property is transferred to a new landlord.
- Not unlawfully discriminate.
Complete Landlord-Tenant Brochure
A landlord may not evict a tenant without a court order. The landlord may begin eviction proceedings if a tenant:
- Damages property.
- Fails to pay rent.
- Violates terms of the lease.
- Injures the lessor or another tenant.
- Allows drug-related criminal activity on the premises.
- Fails to vacate at the end of the lease term.
- Gambles illegally on the property.
The tenant will receive a notice that an eviction lawsuit has been filed and will have the opportunity to be heard in court before any eviction.
Q - How do I evict a tenant for non-payment of rent?
A - To evict a tenant for non-payment only, you need to submit a Petition for Non-Payment of Rent form with court costs and service fee. (This form is not available at our office; however it may be purchased from many office supply companies and some housing associations.)
Upon filing, you will be given a court date, generally within 15 business days. If the judge rules in your favor, you will be given a judgment of possession. If tenant fails to vacate the property, you can file an execution (service fee required) and the Sheriff's Department will stand-by while the eviction is enforced.