A lease was signed for one year at $600, the landlord wanted a new lease signed. I refused and now he has filed eviction. The notice says for non payment of rent. Can he file eviction for non payment when he has already been paid
Once the original lease was signed the landlord cannot require you to sign a new lease. As long as you make payments pursuant to the lease agreement you and the landlord signed, you should be fine. You should retain an attorney to defend you in this eviction.
The eviction is probably not "illegal," although it might lack substantive merit. IN any event, since you have been NAMED in a law suit, you need to consult with, and retain, a good local real estate lawyer ASAP ( read: immediately), and not seek advice on the net - as your lawyer will explain everything.
Hope this helps.
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You didn't say what the term of the lease is. If you are within the one year, the landlord cannot renege on the deal and require a new lease or evict you, so long as you are current on the rent. However, if you are at or near the end of the term and the landlord now wants you to sign a new or renewal lease beyond the one year term and you do not do so, he can evict you (although based on being a "holdover" tenant, not because of "nonpayment")
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Not enough info to answer your question with other than "sometimes."
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