Landlord-tenant — Public housing — Eviction — Noncompliance with lease — Waiver — Landlord permanently waived right to evict tenants for alleged noncompliance where eviction action was filed more than 45 days after landlord acquired actual knowledge of tenants’ alleged material noncompliance based on fire in unit — Notice — Defects — Further, complaint must be dismissed because landlord failed to serve valid 7-day notice to cure noncompliance — Landlord failed to allege that fire was result of intentional act or that there had been previous noncompliance by accidental fire so as to rise to level of incurable material noncompliance — Additionally, notice failed to satisfy notice requirements for eviction from USDA-RD financed community and failed to give tenants unfettered opportunity to cure noncompliance required by RD regulations
Legal Topics
Landlord-tenant — Public housing — Eviction — Noncompliance with lease — Waiver
May 16th, 2025 in by admin