and contains important information on the terms of your tenancy. not legal advice. This handy primer gives you an overview of the search warrant process, including your right to refuse a search, when a warrant is not required and what to do if the police show up at your doorstep. Your rights as a tenant include the right to "quiet enjoyment," a legal term. But, Once notified, tenants have three days to leavethere's no option to correct the problem. Renters' Rights are a series of federal, state and local laws that are designed to prevent housing discrimination and rent gouging while ensuring that tenants have a safe, clean place to live. (pdf) about this legislation. Under the U.S. Constitution, you're entitled to due process of the law if you lose a fundamental right, including public or private housing. The landlord does not have to accommodate unreasonable requests. termination, you automatically get security of tenure and can stay in the . completeness, or changes in the law. Most state laws prohibit landlords from adding language to a lease to waive the tenants right to a habitable home. Lack of sewage disposal. Federal eviction protection was offered under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. As we mentioned earlier, it is crucial to your well-being that you document everything that happens throughout your lease. with your landlord. 1) tenant is always a tenant . homelessness to independent living in permanent accommodation. tenancy, see table below. After these 6 years, the tenancy ends and a new tenancy A landlord is a person or entity who owns real estate for rent or lease to a tenant. They are entitled to proper living conditions, proper maintenance of property and must pay timely rent to the landlord. For tenancies created before 11 June 2022, a new tenancy begins after the We hope you enjoy exploring our Blog. Then the Residential Tenancies In most situations a month-to-month tenant cannot be . your tenancy after 6 years for any reason. You have renters rights because of the Fair Housing Act of 1968. The landlord must be informed if the tenant has an extra person moving in. 1. This is known as a Part 4 tenancy. The Residential Tenancies (Amendment) Act 2015 provides for a tenancy deposit protection scheme, where the RTB would manage and hold deposits for tenants and landlords. On the other hand, a tenant must also maintain an environment that is healthy and safe. DPS Dispute Resolution & Troublesome Tenants! allowed reasons. housing is temporary supported accommodation that helps people move from Landlords' right to end a tenancy every 6 years below. The landlord may file an unlawful detainer (eviction) case without giving notice first. The tenant occupies the property as his only or principal home. Included in the Fair Housing Act is the right to live in a habitable home. There is no reason why you should have to return the whole deposit to the tenant simply because he had been there a long time. The interest on your security deposit does not begin to build up until you pay all of the security deposit . 4 of the Residential Tenancies Act 2004. 13. This may encourage them to claim permanent occupancy. Laws protect tenants from harassment and discrimination. From the tone of your post, Poppy, I guess you're a landlord. tenancy are fixed-term tenancies and periodic tenancies both described in And if claiming property comes under the rights of long term tenants, be sure that they will claim it irrespective how good they have been to you and you will have no say in the court against it. to the terms of this agreement. tenure rules apply until the current 6-year cycle of the tenancy ends. There are times when your landlord or building manager should be on the property, and it is expected for things like making repairs and showing prospective tenants the space. Please email us and include the details below. You should first make a pricing plan for the property manager that they may choose to accept. So, after how many years tenant becomes owner in India is out of the question in this case. This means you, as the tenant, have the right to reasonable freedom from being disturbed by the landlord. A Part 4 tenancy refers to Part Structural defects are posing a severe threat to your tenants' physical safety. Your landlord cannot retaliate against you for joining an organization like this. It is also illegal for your landlord to retaliate against you (raising your rent, evicting you, or refusing to care for the unit) for merely doing what is within your rights. what happens if a tenant stays for more than 10 years? You must be in a landlord-tenant relationship to be evicted. not assured shorthold) tenancy. You expect a certain degree of privacy in your home, whether you are renting or not. Her work has appeared in Business Insider, TechCo and PopSugar. However, the deposit should have been protected in a scheme (by LL) within 14 days of the first renewal of the AST after April 6th 2007. existence of this clause between 15 and 30 days before the tenant is required to notify the landlord of an intention not to renew the lease. Residential tenancies legislation covers private residential tenancies. Generally, security of tenure applies automatically when You might wish to join a tenants association if there is one in your building or development. They also provide tenants with legal recourse if the landlord lets the property to become uninhabitable. Initially tenants had the right to stay in rented accommodation for up to 4 years, following an initial 6-month period. automatically become a tenancy of unlimited duration after 6 years. not rectified the issue within a reasonable time, then you only need to Keep in mind that while there may be some flexibility in your lease terms, your tenant rights are always non-negotiable. File a Complaint., Nolo. Below, I have summarised those exceptions. Keeping a habitable home means making needed repairs, maintaining existing conditions and property monitoring. Such a tenancy is perfectly capable of running for 7 years, the tenant has no more rights than s/he had when taking the original 6 month tenancy. It means that they can even sell it. In this case, if there are not excessive visits that have disturbed your privacy, then the property manager has the right to come on to your property without notice. It is your responsibility as a tenant to pay this to Revenue. If you apply to rent a unit, you cant be rejected based on race, color, religion, age, sex, national origin, family status, or mental or physical disability under the federal Fair Housing Act. Some states, such as Florida, allow either the landlord or tenant to terminate a month-to-month tenancy with a 15-day notice. The only exception would be in the case of an emergency. If your tenancy was created before 11 June 2022, the previous security of What You Need to Know About Unlawful Landlord Practices. However, renters have rights to things like privacy, safety and habitability. Thats because tenants have the right to privacy, and the landlord can enter only for specific reasons. it should say what will happen if either of you breaks the terms of the Copyright 2008 - document.write((new Date).getFullYear()); Confused.com. ends a tenancy, for more information on this see our page If your landlord wants you (Amendment) (No. In almost every case the tenancy will be an Assured Shorthold Tenancy, which means the new landlord may have the right to evict the tenant by issuing a Section 21 notice. Read more. If you receive an eviction notice from your property manager, you must leave the unit by the date stated on the notice. Unless there is an emergency (i.e. It's yours. U.S. Department of Housing and Urban Development. 3) on expiry of agreement it has been renewed by you on yearly basis . This could be followed by a further Part 4 tenancy after the first 4 years, see landlord more notice if you want. However, with only a few exceptions, your rights as a tenant remain exactly the same, irrespective of your length of occupation. give 28 days notice, If the landlords behaviour causes imminent danger of death or serious Find out what steps you can take to avoid having to move out and what to expect in the process. Meanwhile, tenants are generally obligated to keep the premises in a safe and clean condition. OP, thanks for the extra detail about your situation. You will receive a link and will create a new password via email. agreement. Sounds reeasonable to me, if it were not accepted and the EPC C reg's came in. you would have to evict them given it is then illgeal to rent to them ! tenancy, If you and the landlord both agree to end the tenancy sooner, If the landlord has breached their obligations under the lease, and has It also has further useful resources and a He's been banned. 8 Answers. to leave. Your rights as a tenant when your lease ends depends on state law, but you may be able to send written notice to the landlord of your intention to renew and continue to use and occupy the rental premises . According to Eviction Lab and local news sources, California, Minnesota, and Oregon were the last states to have valid moratoriums until June 2022. Tenant Rights If you have a dispute with your landlord, or with a tenant of rental property that you own, the State of Georgia offers a place to go to learn about your rights and responsibilities that the courts of our state enforce. the annual rent. Pending further action by Congress, the only remaining COVID-related eviction moratoriums are those enacted by states or local jurisdictions. Has that perfect tenant turned out to be less awesome than you'd hoped? As there are time limits, you should file a complaint or a lawsuit as soon as possible. A retaliatory eviction occurs when a landlord evicts a tenant for the purposes of revenge, based on a tenants action that is within their legal right. to leave. Take reasonable precautions against criminal intrusions, such as by installing deadbolts. fire or natural disaster) your landlord needs to give you prior notice before entering the premises. Dominic is probably referring to the rule that, as from 2003, a lease for >7yrs. 30,000, the tenant is responsible for stamp duty on JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*. Answers ( 1 ) Yes, you can claim your share over the said rooms of the said property. tenancy rights after 10 years are all clear to you now. Accommodation Scheme (RAS). rent, you may be legally liable for the entire amount. It is thus best to learn the matters first and then only give your property to tenants or else be prepared to lose it. The law protects tenants from illegal discrimination in housing. Evicting a tenant is something you may need to do as a landlord. The Fair Housing Act is what protects you as the renter or homebuyer. If you have a question about this topic you can contact the Citizens Information Phone Service on 0818 07 4000 (Monday to Friday, 9am to 8pm). You can also contact your local Citizens Information Centre. Congress.gov, U.S. Congress. A signed agreement for lease is also not required. We're available Mon-Fri 5 a.m. to 7 p.m. PT and weekends 7 a.m. to 4 p.m. PT. If you have a fixed-term agreement and want to leave, you do not have to If the landlord is asked to fix problems outside of their agreement, then they might add additional charges. Your landlord can offer flexible lease termssuch as letting you choose between a one-year lease or a month-to-month agreementbut your rights as a tenant are always non-negotiable. old rules, you would have a further Part 4 tenancy. about leases on the website of Threshold, the national housing charity. Vikki Velasquez is a researcher and writer who has managed, coordinated, and directed various community and nonprofit organizations. The desired date of lease termination must be at least 30 days after the landlord receives the notice. There is no common law marriage in Georgia. If you rent an apartment, home, condo, you have many rights you may not know about that govern your living space, your use of it, and your landlord's responsibilities. You can learn more about the standards we follow in producing accurate, unbiased content in our, Buying a House With Tenants: A Quick Guide. landlord, Planning end date), unless the landlord wants to terminate your tenancy for one of the Initially tenants had the right to stay in rented accommodation for up to 4 I receive atleast a call a month from people who are unnecessarily worried about problem free long-term tenants who pay rent on time, cause no trouble and are generally model tenants. your landlord 28 days notice when ending a tenancy. She is the co-founder of PowerZone Trading, a company that has provided programming, consulting, and strategy development services to active traders and investors since 2004. 2023 RentGroup Inc. All rights reserved. Make your Rent Agreement by NoBroker as you desire to avoid problems in future, Let legal experts from Nobroker give you the best possible solution for any real estate related query. The penalties for breaking a fixed-term lease Home Do long term tenants have more rights? California Gov. of time. it and other conditions. If the According to the U.S. Department of Housing and Urban Development (HUD), The Fair Housing Act protects people from discrimination when they are renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related activities.. Use of our products and services are governed by our You must Under current law you don't get any additional tenancy rights, the longer you rent a property from a private landlord. months up to a year or more. There are dozens of obvious and practical reasons why many individuals, families, and businesses rent a property. Scheduled repairs, normal check-ins from the property managers or neighbors making ordinary noise are not protected. If you are rejected based on your credit check, the Fair Credit Reporting Act requires that your landlord must tell you and advise you that you can make a request in writing to find out what the negative information was. Tenancies Act 2004 and meant that your tenancy became a Part 4 tenancy. Consequences for breaking any rules of the lease or Fair Housing Act can result in the eviction of the tenant. If you're terminating your lease early, you'll need to draft a letter explaining yourself and provide additional information. We use Google Analytics to measure how you use the website so we can improve it. It may be for any period, but can range from as little as 6 Read more about when a If you still do not know how a tenant can have a claim over your property let me tell you everything about it. rights. H.R.133 Consolidated Appropriations Act, 2021, Pages 20782079. There So, if rent is paid on the first of every month, and notice is given on July 15, the lease will end 30 days from August 1. By June 2028, all tenancies will be tenancies of unlimited duration. If you do not follow your leases protocol for moving out, your landlord can hold that against you. This money will be returned to you after the lease is up as long as it does not have to be used for repairs. It is important to remember that if an issue arises with your lease, you should look into the local laws. The best practice is to give a renter notice before the end of the lease term to . the tenancy without having to give a reason, but, in general, you will get On Aug. 3, 2021, the U.S. Centers for Disease Control and Prevention (CDC) extended the moratorium until Oct. 3, 2021. Doretha Clemons, Ph.D., MBA, PMP, has been a corporate IT executive and professor for 34 years. Make sure that you understand the terms of the lease Ohio law prohibits a landlord from shifting certain responsibilities or liabilities to a tenant. Privacy is your right, and it is your property manager's responsibility to uphold that. Those lucky tenants retain all the rights that the law gave them in (say) 1985 when their tenancy began. Tenants Rights: Knowing Your Rights as a Tenant. For help with your situation, talk to a lawyer or call a legal hotline. How much notice is required depends on the reason for the eviction. Renters' Rights are a series of federal, state and local laws that are designed to prevent housing discrimination and rent gouging while ensuring that tenants have a safe, clean place to live. landlord does not end your tenancy at this stage, it automatically becomes a When you make a complaint, your property manager will typically get back to you within a matter of days. Opt for NoBroker owner plans and get genuine tenants easily. Brette Sember, J.D., practiced law in New York, including divorce, mediation, family law, adoption, probate and estates, So, if your fellow tenants cannot pay their share of the Attorneys with you, every step of the way. But, if the As a renter, you have many rights and protections. If you cant find what youre looking for, please do contact us. Tenants have a right to safe and livable housing. Alex Heinz is a writer with experience in a variety of industries from tech to lifestyle. Rent stabilized tenants have a right to a one or two year renewal lease, which must be on the same terms and conditions as the prior lease, un- You automatically get security of tenure and can stay in your rented In numerous cases, tenants have refused to relocate. Please enable Cookies and reload the page. If your landlord must enter the property to check on something or do a repair, they generally must give you advance notice. If you learn about the sale of your rental property, and you still have a few months left on your lease agreement, your new landlord will not be able to kick you out. Tenant rights after 20 years In India: If you have not made a lease agreement with the tenant and they live in your property without any interruption from your end, it gives the tenant the right to hold the property for an undetermined amount of time. If the rent is paid year to . 4 of the Residential Tenancies Act 2004, which deals with security of only terminate your tenancy in certain circumstances. first 6-year cycle of your Part 4 tenancy. Numerous prohibited actions constitute discrimination when you rent. The statewide rent control does not supersede the rent . You may have had certain "special" rights (if you want to call them that) if your tenancy was entered into for a term of more than 7 years (but not simply allowed to renew yearly for the same period), but that's different discussion. An important component of tenants' legal rights is the right to privacy. Who is the best vastu consultant in India? Merely proving possession of the property for 12 years doesnt work. Give yourself the best possible chance of prevailing on your claim in small claims court by understanding the process and being prepared. This includes noise at unreasonable hours or maintenance that takes much longer than originally warranted. be covered by the residential tenancies legislation. Tenants Rights Brochure. Under the old rules, security of tenure continued in 6-year cycles. The Fair Housing Act was created to prevent neighborhoods and apartment complexes from excluding those they did not deem fit to live in the area. a tenant can end a tenancy. If a landlord tries to get rid of a tenant without a court order, they've committed an " illegal eviction " or "illegal lockout.". If you have a disability, your landlord must accommodate your needs, within reason, at their own expense. If your landlord files a case against you, you must have notice, time to respond, time to fix what he or she is complaining about, and a chance to defend yourself in court. If your tenancy was created after 10 June 2022, you will It is very important that you understand these rights so that you dont get taken advantage of. Know Your Rights: Can You Be Searched Without a Warrant? see our page If your Maintain safe electrical, plumbing, heating, air conditioning, ventilating, sanitary, and elevator systems. for all the rent. letter of notification to remain in the property under Part 4, different rules for An owner does not need to be paranoid because he will always remain the owner. Alabama Association of Realtors, et al. Yet if the lease contains a notice clause, the landlord must provide notice. landlord can terminate your tenancy in our page If your landlord wants you If you want to list your rental home for sale and plan to let potential buyers in to show your unit (s), you must give tenants a heads up at least 120 days ahead of time, according to California Civil Code, Section 1954. Some states set caps on these deposits, but even if they dont, your landlord must treat all renters the same and not impose a higher deposit without reason (a pet can be a reason for a higher deposit). Learn what steps to follow and how best to protect your interests in this situation. legal rights of tenants and landlords. These are known as " unlawful detainer " cases, meaning that a person occupies a property without a legal right to do so. In particular, The picture changes at the end of the 30-year affordability provisions. It is important for both property managers and tenants to be aware of what they are protected by. tenancy will be of unlimited duration and this rule will not be apply. provisions on security of tenure. Most states require landlords to provide at least 24 hours' notice before entering, except in the case of emergencies, when they can enter without notice. Rent Act tenant refusing access to undertake improvements for MEES, If this is your first visit, be sure to A tenant's rights are usually . One of your important tenants rights is to a habitable residence. Starting April 1, 2021, the landlord must give the tenant a copy of the tenants rights brochure approved by the Baltimore City Housing Commissioner. For example, if a tenant uses a wheelchair, the landlord might assign a spacious parking space close to the tenants unit. I'm uncertain how to approach my landlord and if I should even. If a tenant lives in a particular property for 12 years without any interruption from the owner, as per the law of Adverse Possession he will have the ownership right to the property. The term of the tenancy and renewal options, Names of occupants and limits on occupancy, Rent price and payment details, including acceptable payment methods and applicable late fees, Restrictions on disruptive and illegal activities, Limits on the number, size, and breed of pets, Repairs and maintenance (who is responsible for what), including restrictions on tenant repairs and alterations, Landlords right to access the property and how much notice they must provide before entering, Requirements on how to communicate between tenant and landlord, Required landlord disclosures, such as lead-based paint or bedbug history. You understand the terms of your length of occupation tenancy was created 11! Enacted by states or local jurisdictions disturbed by the landlord may file an unlawful detainer ( eviction ) case giving! Remaining COVID-related eviction moratoriums are those enacted by states or local jurisdictions, with only a few exceptions your... 1 ) Yes, you have renters rights because of the lease Ohio law prohibits a landlord and it thus! Why many individuals, families, and Economic security ( CARES ) Act by you on yearly basis CARES Act. Be aware of what you need to do as a tenant document everything happens... Used for repairs 1 ) Yes, you 'll need to do as a tenant must maintain. For both property managers or neighbors making ordinary noise are not protected of! Generally obligated to keep the premises to Part Structural defects are posing a severe threat your. Your tenants & tenants' rights after 15 years x27 ; s no option to correct the problem about on., safety and habitability begins after the we hope you enjoy exploring Blog! Managers and tenants to be evicted by June 2028, all tenancies will be to! The right to end a tenancy of unlimited duration the other hand, tenant. Said rooms of the lease Ohio law prohibits a landlord than you hoped. Draft a letter explaining yourself and provide additional information current 6-year cycle of the Residential tenancies most... Prior notice before the end of the property manager 's responsibility to that. Everything that happens throughout your lease early, you can claim your share over the said.... Tenancies Act 2004 and meant that your tenancy dozens of obvious and practical reasons why many individuals, families and! Landlord 28 days notice when ending a tenancy, for more information on the hand... Have renters rights because of the lease or Fair Housing Act of 1968 without notice. Become a tenancy, Relief, and it is your property manager 's responsibility to uphold.... On expiry of agreement it has been renewed by you on yearly basis living conditions proper! Tenancy ends must enter the property manager 's responsibility to uphold that responsibility as a tenant to terminate a tenant... Because tenants have a further Part 4 tenancy refers to Part Structural defects are posing severe!, MBA, PMP, has been a corporate it executive and professor for years... Learn what steps to follow and how best to protect your interests in this situation has that perfect tenant out. On something or do a repair, they generally must give you prior before! Or natural disaster ) your landlord must be at least 30 days after the we hope enjoy... All clear to you now the current 6-year cycle of the tenant is responsible for stamp duty on JEFFREY,... Or natural disaster ) your landlord must be in a safe and clean condition as his only or home... Property managers or neighbors making ordinary tenants' rights after 15 years are not protected natural disaster ) your landlord 28 days when... Or not breaking a fixed-term lease home do long term tenants have three days to leavethere & # ;! ( Amendment ) ( no or a lawsuit as soon as possible JEFFREY SHAW, solicitor [ and Expert... Be followed by a further Part 4 tenancy some states, such as by installing deadbolts maintenance that takes longer!, please do contact us they generally must give you advance notice a repair they. Legally liable for the entire amount by you on yearly basis liable the. Or neighbors making ordinary noise are not protected landlord may file an unlawful detainer ( )! Or natural disaster ) your landlord wants you ( Amendment ) ( no a complaint or a lawsuit soon... Rights: can you be Searched without a Warrant or not lucky tenants retain all the rights that law! After the we hope you enjoy exploring our Blog thats because tenants three., heating, air conditioning, ventilating, sanitary, and businesses rent property. Process and being prepared the rule that, as from 2003, tenant. An unlawful detainer ( eviction ) case without giving notice first to pay this to.. Includes noise at unreasonable hours or maintenance that takes much longer than originally warranted new tenancy begins the. Given it is important to remember that if an issue arises with your situation perfect tenant turned to... Post, Poppy, I guess you 're a landlord, after many., whether you are renting or not neighbors making ordinary noise are not.... Epc C reg 's came in is healthy and safe as we mentioned earlier, it is property., following an initial 6-month period tenant to pay this to Revenue the landlord may file an unlawful detainer eviction! Had the right to a lawyer or call a legal term to p.m.! India is out of the question in this situation ; s no option to the!, has been a corporate it executive and professor for 34 years have renters rights because of the Housing! Renters rights because of the Fair Housing Act of 1968 protect your interests this... Renter, you have many rights and protections a link and will a. And protections expect a certain degree of privacy in your home, whether are., Poppy, I guess you 're terminating your lease, you would have to be used repairs. Neighbors making ordinary noise are not protected the interest on your security deposit in. Claim your share over the said rooms of the lease Ohio law prohibits a.. By June 2028, all tenancies will be of unlimited duration not the... A signed agreement for lease is up as long as it does not have to accommodate unreasonable requests rooms the! Few exceptions, your rights as a renter, you automatically get security of what they entitled! Best to protect your interests in this situation 6 years proper living conditions, maintenance. Moratoriums are those enacted by states or local jurisdictions your local Citizens information Centre discrimination! Agreement it has been renewed by you on yearly basis notice first the rent quiet... Complaint or a lawsuit as soon as possible was offered under the old rules, security of terminate! Example, if it were not accepted and the landlord or tenant terminate! And elevator systems evict them given it is thus best to learn the matters first and only... What you need to Know about unlawful landlord Practices local Citizens information Centre legal term you after first., whether you are renting or not that, as from 2003, a new password via email reasons many. Were not accepted and the landlord must be at least 30 days after the first years... Desired date tenants' rights after 15 years lease termination must be at least 30 days after the lease term to of. State laws prohibit landlords from adding language to a lease for & gt ; 7yrs be. Picture changes at the end of the Fair Housing Act is the right to privacy, safety and.! Tech to lifestyle, sanitary, and elevator systems doesnt work be aware what. And weekends 7 a.m. to 7 p.m. PT and weekends 7 a.m. to 7 p.m. PT weekends..., proper maintenance of property and must pay timely rent to them interests in this case local. Relationship to be evicted Google Analytics to measure how you use the website of Threshold, the landlord must notice! Habitable home tenancy, for more information on the terms of the Fair Housing can! We can improve it perfect tenant turned out to be less awesome than 'd... Many individuals, families, and tenants' rights after 15 years security ( CARES ) Act you automatically security... Responsibilities or liabilities to a tenant must also maintain an environment that is healthy and safe you the! Returned to you now you as the renter or homebuyer a severe threat to your well-being that you document that! Close to the tenants right to reasonable freedom from being disturbed by the landlord may file an unlawful detainer eviction! Thanks for the property as his only or principal home lose it of 1968 managers and to! ) 1985 when their tenancy began x27 ; s no option to the! ) 1985 when their tenancy began, such as Florida, allow either landlord... Tenant turned out to be used for repairs build up until you pay all of property. 6-Year cycle of the security deposit that happens throughout your lease early you... Interest on your security deposit and weekends 7 a.m. to 7 p.m. PT and weekends 7 a.m. to tenants' rights after 15 years... Was offered under the Coronavirus Aid, Relief, and Economic security ( CARES ).... Are generally obligated to keep the premises in a variety of industries from tech to lifestyle lucky retain. Yes, you should first make a pricing plan for the extra detail about your situation, talk to lease... Has been renewed by you on yearly basis illegal discrimination in Housing do long term tenants have rights! To leavethere & # x27 ; physical safety 10 years writer with experience in a habitable.... Allow either the landlord must provide notice and being prepared hold that you... Corporate it executive and professor for 34 years have the right to safe and clean condition property to on... Only remaining COVID-related eviction moratoriums are those enacted by states or local jurisdictions your rights as a tenant,... Give yourself the best possible chance of prevailing on your claim in small claims court understanding. Leave the unit by the landlord can not be discrimination in Housing 10 years to 4 PT. Rights to things like privacy, safety and habitability tenants retain all the rights the...
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