How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask barristerinky Your Own Question
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33802
Experience:  Attorney for over 15 years, landlord 26 years
19958803
Type Your Landlord-Tenant Question Here...
barristerinky is online now
A new question is answered every 9 seconds

Can a landlord evict a tenant who has not violated any lease

Customer Question

Can a landlord evict a tenant who has not violated any lease term, simply to renovate an apartment that is still livable?
And secondly, what percent increase can a landlord increase rent in a next renewal period, (with the renewal period determined by the landlord)?
Submitted: 11 days ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 11 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

Can you tell me what city and state this is in?

.

Is the tenant under a written fixed term lease or are they month to month?

.

.

thanks

Barrister

Customer: replied 11 days ago.
I reside in Austin, TX in Travis County. My current lease term is 6 months, which expires Dec. 31, 2016. I was originally only given 2 months to move, (after residing in unit for 17 years), but was able to negotiate another renewal, but only short term for 3 months only and would have to pay over $250 more per month for 3 month renewal, which is over 15% increase, from current $1504 monthly rent -- (although I had requested 6 months). Last increase was 6 months ago. I have never violated any terms of my lease, (although landlord has by not tending to noisy neighbors, nor repairing agreed upon repairs needed during the last few renewal leases).
Expert:  barristerinky replied 11 days ago.

Ok, unfortunately TX has no rent control laws so there is legally no prohibition on the landlord increasing the rent to whatever he feels the market will bear.

.

If you are under a fixed term lease, then the landlord can't do anything until it expires. But once the lease expires, if the landlord doesn't want to continue the tenancy, he can immediately file to evict because a tenant's right to use and possession of the property ends when the lease ends.

.

So to answer your question directly...

.

Can a landlord evict a tenant who has not violated any lease term, simply to renovate an apartment that is still livable? .

.

I hate to say it, but yes, he can. The landlord is free to refuse to renew a lease and evict for any reason he wants, as long as it is not based on an illegal discriminatory reason. He could just say he didn't like you, or he wanted to renovate, or he wanted to move in, or he just wanted it vacant for storage, and refuse to renew and it would be completely legal.

.

I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

.

.

thanks

Barrister

Customer: replied 11 days ago.
Thank you Barrister for your speedy reply. I understand your response. This will now end all further legal and communication needs with "Just Answer", as well as your expert services. I understand I will be charged now a total of a one time fee of $34. Please confirm this charge. Sherry B.
Expert:  barristerinky replied 11 days ago.

You are very welcome. Happy to help any time, even though the news is pretty lousy.

.

I am just an independent contractor on the site, so I don't know how JustAnswer bills its customers. But as long as you didn't click anything to sign up for a subscription, I understand it to be a one time charge for $34.

.

If you aren't sure, you can always contact JustAnswer's customer service to confirm..

.

.

Have a great evening!

Barrister

Related Landlord-Tenant Questions