Milford chronicle., 1951-11-23

Without control over evictiOns,
there would be little to prevent the
expulsion of tenants who refused to
pay more than legal rents While
most landlords would not engage
in such practices, experience has
shown that some would do so if it
were not for the restraining influ-
ence Of the provisions of the HOus-
ing and Rent Act.
Under the new Rent Control pro-
gram of today, landlords are Of
fered liberal adjustment policy
under which they may seek rental
increases. At the same time, ten
ants are given the benefit Of even
stricter control Of evictions. In
fairness both to the honest land
lord and to the tenant, regulation
of evictiOns is a necessary and vital
part of rent stabilization.
In general, the law provides that
a tenant may not be 'evicted with
out good and just cause. In those
cases where eviction is permitted,
certain waiting periods are requir-
ed.
Actual eviction is accomplished
through court action under state
laws. However, the Federal rent
law provides that evictions may
not be legally granted by state
courts unless certain conditions are
met.
In some eviction cases, a land
lord must obtain an eviction GER
tiiicate from the Rent Office before
the state court may consider whe-
ther an eviction order will be
granted. In other cases. the land
lord may go directly to the court
but must file a copy of the evic-
tiOn notice at the Rent Office with
ing "a hours after it has been Civ
en- the tenant.
In the following cases, the land
lord may go directly to the state
court, after giving his tenant a
written notice to vacate This no.
tice must allow the tenant a min
imum time in which to leave the
premises.
/. Non-payment of legal rent 6
days notice reQuired.)
2. Tenant continuing to commit
a nuisance after written notice
from the landlord to stop. 40
days notice required)
g.. Tenant continuing to violate a
substantial obligation of ten
ancy, other than an obligation
to surrender possession. after
receiving a written notice from
the landlord to stop the viola
tiOn. 90 days notice..
A. Tenant is permitting the use
of dwelling unit for illegal or
immoral purposes. 40 days
nOtice)
5. Tenant unreasOnably refuses
the landlord proper access to
the accommodation Il month
nOtice.)
6. Lease or rental agreement has
expired and the tenant has en-
tirely sublet the accOmmOda-
tiOhs q months nOtice).
z. Quarters are owned by a state.
city or county government
which wants possession to
make public improvement e
months notice..
No state court may legally evict
a tenant, however, unless the prop
erty has been registered with the
Rent Office. In the Kent County
and Milford area, this requirement
may be waived until registration
has been completed Dec. Is, 1851.
In other types of eviction cases,
the landlord must obtain a certifi-
cate from the Rent Office before he
can bring action in state court.
Even if the certificate is granted,
a waiting period of months is
usually required.
Eviction certificates may be is
sued by the Rent Office on the fol-
lowing grounds:
!. Where the owner or purchaser
wishes possession for immed-
late use as a dwelling for him
self, his parent or child.
2. To permit substantial altera-
tions or remOdeling which can
not be done practically while
the dwelling is occupied. This
ground is valid only if the unit
will subsequently be used for
dwelling purposes. 1t does not
apply if conversion for COM
mercial use is intended.
3. The unit is owned by a tax
exempt organization requiring
the accommodations for use
as housing for members of its
staff.
4. The landlord wishes to per-
manently withdraw the prop
erty from both commercial and
rental housing markets with
out intent to sell (6 months
waiting periOd). -..'
5. Special cases in which grant
ing of a certificate would not
be contrary to the rent law.
A tenant may NOT be evicted
for failure or refusal to pay an
,Overceiling rent or because a lease
has expired. The landlord may not
evict a tenant to allow occupancy
by friends or relatives, other than
parent or child.
Illegal evictiOns may be pre-
vented through several legal ac-
.tiOns. The new law gives either
the tenant or the government the
right to sue a landlord for dam
ages If tenant has been illegally
evicted. Government attorneys
may also ask for court injunction
to prevent an illegal eviction.
ANY eviction in defiance of such
an injunction would place the land
lord in CONTEMPT of court and sub
ject to such a fine or Imprisonment
as the court sees fit to impose.
A landlord who evicts a tenant
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