Can you sue for emotional distress in FL over an erroneous eviction notice? Lets say Jane is late on paying her rent by a few days (Due on the 1st, Grace period til the 4th, Paid on the 7th). Several days after paying, she receives a physical notice on the door demanding payment in 3 days or to turn in the house. The date of the notice says the system printed it on the 7th and the day they put it on the door, the 11th. This causes Jane to go into an anxiety attack which she is already going to therapy for and caused her great emotional distress. Can Jane sue for emotional distress? How likely is she to succeed?
Can Jane sue for emotional distress? Anyone who pays the filing fee and delivers a complaint in the proper form to a court clerk can sue for anything. How likely is she to succeed? Not very likely at all. The tort of negligent infliction of emotional distress is not available in this context since there is no relevant physical injury to which it is related (neither her own or someone else's). The only U.S. state where this theory might succeed under this circumstances is Hawaii and even there, this case would be a stretch because the extreme degree of the emotional distress caused in this case is arguably not foreseeable even if some emotional distress can be expected from all manner of wrongful actions. So, she is limited to the tort of intentional infliction of emotional distress (also called the tort of &quot;outrageous conduct&quot;), which is a calculated and intentional act specifically engineered to cause her in particular emotional harm, rather than incident to some other purpose (lawful or not) (i.e. basically a mean prank). It is exceedingly unlikely that this is why this happened (and the title to the question implies that it was merely an error on the landlord or the landlord's agent's part). Even if this was a calculated and intentional effort to inflict emotional distress upon her, proving that this is why it happened would be exceedingly hard in most cases (absent some sort of whistleblowing informant). If she had a lease with a two-sided attorney fees clause and had to hire a lawyer to establish that she paid the rent and can't be evicted, however, she might be able to recover nominal damages of $1 and her attorney fees fighting the acts taken towards a wrongful eviction as a breach of contract. But emotional distress damages are not available in connection with breaches of contract with only rare and narrow exceptions not applicable here (e.g. bad faith breaches of insurance contracts, contracts to dispose of a deceased person's remains, and perhaps surrogacy contracts).
Theft is of course illegal in all US states, and pretty much every other jurisdiction. In the US that is a matter of state law, not federal. It could be reported to the local police, but it might be hard to prove. Both landlord/tenant law and privacy law are largely matters of state law in the US, not federal law. Such laws vary a good deal in different states. In many states a landlord is allowed to enter the rented premises, usually on "reasonable" notice, or without notice if there is an emergency. If the landlord actually lives in another part of the house, and simply rents a room to the tenant, the landlord may be able to enter the room more freely than if it was a separate apartment or house. In many cases where there is a written lease or rental agreement, it will specify under what conditions the landlord or landlord's agent may enter, and how much notice is required. What does the lease in the current case say about that?
Your lawyer will advise you whether to worry, but it is not a crime to not pay the rent. The action that the landlord can take is (a) evicting you and (b) suing you for the unpaid rent. Whether a written lease is necessary depends on which province / territory you are in, since that is the level at which landlord-tenant law is determined. As far as I know, no province allows a person to avoid their rent obligation on the grounds that there was no signed lease. It doesn't matter if you have been living elsewhere most of the time or all of the time.
What you have heard is not exactly correct (and also depends, in part, on the Chapter under which the bankruptcy is filed). I will address the simplest case, a Chapter 7 liquidation of an individual, which is simpler, because a Chapter 7 liquidation is determined as of a point of time, while Chapter 11 and Chapter 13 reorganizations are conceptually more complex and don't just transfer rights to a trustee at a single point in time. When you file a Chapter 7, all of your property, including you rights to sue people that had accrued as of that date, are transferred to the bankruptcy trustee as an asset of the bankruptcy estate, and the right of anyone to sue you is stayed automatically until the bankruptcy court either authorizes the lawsuit, or discharges the debt associated with the lawsuit (there are actually a few cases where the automatic stay expires on its own after a certain amount of time). Rights to bring lawsuits that arise after the bankruptcy is filed, or can be brought at any time, like a divorce/custody suit, are not barred, although property and enforcement of economic rights in those cases may be stayed until the bankruptcy court takes action. Custody issues other than child support, and termination of marital status are not affected. For example, if you file for bankruptcy on Monday and are hit by a bus on Friday, your personal injury suit claim is probably yours and not the bankruptcy estate's and can be brought by you. But, if you are hit by a bus on Monday and then file for bankruptcy on Friday, your personal injury suit claim is probably property of the bankruptcy estate. (It is a bit more complicated than this, because your right to sue for a personal injury might be exempt property, at least in part, but this example conveys the gist of the concept.) There is a further complication in the analysis which is that domestic relations actions and probate court actions are normally considered to be outside of the jurisdiction of the federal courts (bankruptcy court is a federal court), even when there is diversity of citizenship, which doesn't change the basic conclusions above.
When screening potential tenants, what is the proper way to turn them down, and the legal implications if the tenant asks for more details? The "proper" way to turn someone down depends on why you decided to turn him or her down. As long as you did not decline to rent to a tenant because of information you learned in a credit report or commercially available criminal background check, you are not required to notify them. However, it is a good business practice to notify them in writing as Nij's post suggests. However, it would be a good idea to keep a copy of the letter for you records and possibly write down some notes. Such as, "other applicants had higher income," or "could not verify rental history." These kinds notes one the letters you mail out will be you friend should you ever be accused of improper discrimination on the basis of race, gender, religion, etc.. Declining to Rent Based Upon a Credit Check or Commercially Available Background Check: The federal law that governs credit checks and commercially available background checks is the Fair Credit Reporting Act ("FCRA"). The FCRA regulates "consumer reports," which includes credit reports and criminal background checks that are assembled by companies. (The FCRA does not apply if you, yourself, are going to the state police or courthouse to get background check records). Under the FCRA, requires that people who make decisions against someone based on information in a credit or background check, notify that person. The FCRA calls this decision against someone an "adverse action" and requires that you provide the affected party the following information: The name, address and telephone number of the company that supplied the consumer report, including a toll-free telephone number for companies that maintain files nationwide; A statement that the company that supplied the report did not make the decision to take the adverse action and cannot give the specific reasons for it; and A notice of the individual's right to dispute the accuracy or completeness of any information the company furnished, and the consumer's right to a free report from the company upon request within 60 days. The FCRA calls this notice an "Adverse Action Notice." See 15 U.S.C. 1681m. An adverse action notice can be oral, written, or electronic. Obviously, written or electronic would be the best since you can prove that it was sent. Also, be aware that the FCRA has civil penalties if it is violated. The Federal Trade Commission has a helpful guide that lists some of the basics of when you do and do not need to provide adverse action notice. Website: Using Consumer Reports: What Landlords Need to Know Brochure: FTC Facts for Business However, it does not cover criminal background checks, which have many of the same rules as the credit checks under the FCRA.
I have read that Assured Shorthold Tenancies of less than 6 months are allowed, but you are not allowed to evict a tenant before 6 months. That applies only to section 21 (&quot;no fault&quot;) evictions. Specifically, according to section 21 of the Housing Act 1988, a notice can't be served in the first 4 months of a tenancy (section 21(4B)), and can't take effect in the first 6 months (section 21(5)). Section 8 evictions, which require one or more of the reasons listed in Schedule 2 of the Act, do not have this restriction - though only some of them can be used during the fixed term part of the tenancy, and they must be listed in the tenancy agreement in order to be used in that way. Will I have to wait until he has actually left before I can arrange an AST with new tenants? Yes, but that's always true. It's very unwise for a new tenancy agreement to be signed until the previous tenants have moved out, because if they don't leave before the new agreement takes effect, the landlord is now committed to finding accommodation for the new tenants. This is why tenancy agreements are often only signed on the first day of the tenancy.
It is legally significant because you have certain protections from eviction is you reside in a place. If you are just a weekend guest (or an uninvited intruder), you don't enjoy tenant privileges and could be arrested by the police for trespassing. Whereas if you have been living in a house for some months, then removing you from your residences is typically a more involved legal procedure. Receiving mail at an address over a period of time is evidence that you reside there.
Short Answer Typically, about four weeks in an uncontested case and six weeks in a contested case, although this depends to some extent upon how business the relevant courts are at the time. Long Answer The time limits break down as follows into different parts of the process: Minimum time from formally demanding possession to being legally allowed to bring suit in this situation. This is almost certainly set by statute. In Georgia, there is no waiting period for this part of the process when rent is not paid as agreed. A lawsuit can be filed the same day that a demand for possession is made by the landlord. OCGA § 44-7-50. The time from serving a lawsuit on the tenant to the time that the tenant is required to respond in court. This is almost certainly set by statute or court rule. In Georgia this is seven days from service of process. OCGA § 44-7-51. Georgia, like most states, allows "nail and mail" service by posting a notice on the premises and mailing a notice to the last known address of the tenant, after some reasonable effort has been made to personally service the tenant or any other adult resident, so this step will typically take about seven to ten days. The time from an appearance in court or court filing by the tenant objecting to the eviction to the time that a hearing is scheduled, in the event that the tenant raises an objection (which is easily done, even if there isn't ultimately a legally valid defense to raise). There may be a legal deadline for this in the statute or court rules, although it can usually be waived. This can also vary based on how many cases are pending relative to the number of available judges, something that usually varies seasonally. Georgia does not have a fixed time period for this step, but "Every effort should be made by the trial court to expedite a trial of the issues." OCGA § 44-7-53. The time from an order of eviction as the conclusion of an eviction hearing until the sheriff or marshall actually carries out the eviction that has been ordered by the court. This is almost never a matter of public record or a legal mandate, and it would typically vary seasonally and over the course of a month as the staff available to carry out evictions is pretty constant, but the demand for evictions has monthly peaks that flow from month end leases and rental payment due dates, and seasonally with the end of school years and the end of calendar years being particularly busy times when delays are greater. Sheriffs have also been known to intentionally stall in holiday seasons. This part of the process in Fulton County is set forth here. The total time is the sum of these four times. Most evictions lawyers in the area would know what is typical for (3) and (4) and would also have a good grasp of how likely it is for a tenant to assert a defense (if the tenant does not, part (3) is skipped and a default judgment for eviction is entered on the appearance date). In my area (in Colorado), (1) is three days, (3) is usually about two weeks and (4) is usually about one to three weeks, but as noted above, your experience in Atlanta, Georgia could easily vary based upon how busy the courts and the marshall are at that time. According to this website, in Georgia, it is customary to allow 3-10 days for step 1 even though it is not legally required, step 3 is typically one to two weeks, and step 4 is typically about two weeks. It is also possible to extent step 2 by one week from one week to two weeks with a procedural tool that most lawyers are aware of in Georgia. So, you are typically looking at about four weeks in an uncontested case and about six in a contested case from notice to actually having people removed.