Jonah leases an apartment from Amy and pays rent of two months in advance,plus a damage deposit.Unfortunately,when Jonah attempt
s to move in,he finds that Eliza is living in the apartment.Eliza tells Jonah that Amy had no right to ask her to leave and that she is staying put.Which of the following is true,assuming that Eliza has no legal right to occupy the premises? A) In a majority of states,Jonah would be required to initiate legal action to remove Eliza,but he would be entitled to reimbursement from Jonah. B) In a majority of states Jonah and Amy would have to split any costs involved in removing Eliza from the premises. C) In a majority of states,the landlord is required to simply provide legal possession of the premises and has no responsibility to see that the previous tenant leaves. D) In a majority of states,Jonah could have Amy put in jail if she did not have Eliza removed within 30 days. E) In the majority of states,the landlord is required to remove the previous tenant or break the agreement with the new tenant.
E) In the majority of states, the landlord is required to remove the previous tenant or break the agreement with the new tenant.
Explanation:
The landlord will be required to have the previous tenant Eliza who is illegally( we are assuming) occupying the apartment, leave the apartment or he would be breaking the agreement with the new tenant. In some states in the US such as Chicago, the landlord would have to serve a notice to the tenant, and begin formal proceedings after which he may proceed to file a forcible entry or detainer action against the tenant if he remains in the property after expiration of appropriate number of days since notice was served. Eviction proceedings are relatively fast(a few weeks, unless the tenant files a defense) and are handled by local courts He may have to reimburse and settle the new tenant for any damages suffered.
