Dear GirlLegal: Is it legal for a Landlord to put you out just because you had questions about previous rent being paid? He stated that I had this month to vacate his property. Please help I need to know what can I do about this situation. Thanks.

Dear Patrice: You want to know if a tenant can be evicted for no reason, or for asking questions about prior rent payments. I hope the following information helps you.

Generally a landlord cannot evict a tenant for no reason. He must base his decision on one of five legally sufficient grounds for eviction: lapse of time, nonpayment of rent, material noncompliance with the lease, breach of statutory duties, and illegal conduct or serious nuisance.

However, these grounds usually apply to landlords and tenants with written lease agreements. If there is no written lease, and the tenant is paying monthly payments, then a landlord needs only to give the tenant written notice (usually 30 days) to terminate the lease. If the tenant does not leave at the end of that time, the landlord can evict.

An “eviction” is a legal proceeding by which the landlord seeks to reclaim the premises and put the tenant out. Landlords should find out the legal grounds for evicting a tenant as well as the proper notification requirements. You, as the tenant could receive compensation for costs paid because of unlawful eviction.

Since you are the tenant, you need to know how you can defend yourself against an unjustifiable eviction. To protect yourself, know what your lease says. Also find out the eviction laws in your area by contacting your lawyer, by contacting your local government—many cities have a department of consumer affairs or housing department to help you. Or, if your rent is subsidized, check whether the subsidy program will help. You can also ask the local library for the municipal code regulations on eviction.

The following are legal grounds for eviction in most areas:

Non-payment of rent: The landlord must inform the tenant in writing that full rent is due by a specific deadline or the lease will be terminated. If the landlord refuses to take full payment and the tenant can prove it, the eviction can be challenged in court. After the deadline, the landlord doesn’t have to accept payment.

Other tenant violations: The landlord must inform the tenant in writing of the supposed violation. The tenant must have ample time to correct the problem. If the tenant does nothing to correct it, the landlord may evict.

Lease has expired: If the landlord doesn’t extend an expired lease and the tenant refuses to leave, the landlord may evict. The tenant must be given written notice.

No lease: When a tenant rents month to month without a lease, a landlord needs only to give written notice (usually 30 days) to terminate the lease. If the tenant does not leave at the end of that time, the landlord can evict.

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