Skip to comments.Need help. Renter nightmare.
Posted on 07/08/2013 6:01:54 PM PDT by enduserindy
My landlord told me a sheriff would deliver papers on or the next day saying i had to move in three days unless she sold the house first which meant I'd have as little as 2 weeks. I have a lease until Aug and a 1050 depisit. I didn't pay her for july to use . I thought by mutual agreement. Noe I get a summons for eviction and getting sued for 5000.00. What now?
Read the contract that you signed.
The next day after her court date of july 23.
What transpired to make you think that? And never ignore your part of a lease unless agreed by both in writing.
Pay the July lease payment by registered mail getting a signature receipt. If there is a late pmt. fee stipulated in the lease, pay that also. Your lessor needs to study up on landlord-tenant law which is somewhat the same state-to-state.
Don’t believe what the landlord says- if the sheriff was coming tomorrow you would have gotten legal notice long ago.
In order to ‘evict’ you he has to file a petition in court.
then you get your court date and each one says his side of the story, the judge makes a decision
Then, IF you are evicted, then the Sheriff can come any time and forcibly remove you.
The landlord telling you he is coming back tomorrow with a sheriff is just being a blowhard.
A lot depends on the state. In most states they can’t force you out without a court order, which takes a while to get.
Read the contract and get a lawyer. A lot of information can be found on the internet if you’re careful of the source.
What you received was probably a 3-day notice to pay or quit.
Your choices are simple... either pay the July rent, or move out.
I forgot to add IF the sheriff has nothing better to do, he might be able to get them to come and bring a truck an put your stuff into auction to pay any bill
But it sounds like you have a side of the story
You need an attorney.
Time to pack...
Property owner has the huge (intentional) leverage in most standard lease arrangements.
...And the law will back up the contract...
....holding YOU to the terms thereof - even the bad news.
I can’t think of any State that allows a landlord to evict on three days’ notice, unless there’s something you’re not telling us.
Oh, and pay your darn rent.
So many things wrong with this.
“My landlord told me a sheriff would deliver papers on or the next day saying i had to move in three days unless she sold the house first which meant I’d have as little as 2 weeks”
So you have 4 days to move unless she sells in which case its 2 weeks? huh
“Noe I get a summons for eviction and getting sued for 5000.00. What now?”
If she delivered herself it probably isn’t a real summons, since those are the generally not delivered by plaintiff.
You can sue anyone for any amount for any reason. Doesn’t mean you’ll get it. If you’re story is accurate the most she could sue you for would be 2 months rent minus the deposit. Unless you’ve caused damage. That is small claims but the $5k is probably just over the threshold for small claims.
If you don’t mind burning the bridge tell her you’re going to sue her for $50,000 or some other ridiculous amount. Is she current on the mortgage payment? My guess is she got served with a foreclosure notice.
sure didnt work that way when I rented out a house.
I couldn’t do a dang thing.
Yet you still live there? Is there a reason you haven't paid this month's rent?
Not sure where you live but I think it can take at least 90 days to evict someone. Sounds like she is just trying to scare you.
And pay your rent. Send it return receipt requested at least to show her refusing to accept it.
Doesn’t it depend in part upon where you are?
If you’re in a big liberal city, the chances of favorable rent laws are much higher, than if you’re somewhere outside of town in a conservative area.
Just saying. I’m not sure, but that’s my impression.
Rent the movie Pacific Heights. Get some good ideas.
You are well past the date due for rent.
A three day notice to quit is appropriate, enforceable and you caused it.
Is your rent $5,000?
If not, I don’t understand him she could arrive at that number.
In cal there is a three day notice to quit. If the rent is not paid or tenant doesn’t move out then you initiate eviction.
30 day notice if tenant has lived there less than a year.
Longer, 60 day notice.
Normally, the escrow/security is not used to pay the final monthly payment obligations. Upon a satisfactory exit, the security would be returned minus a portion for maintenance and repairs.
Pay your rent on time and avoid the headaches.
Right. No one gets evicted on three days’ notice, unless there is an underlying issue.
Yes it depends on where you live. In Florida you have to give 7 days notice before you can take it to a judge. Then its up to the judge. Its not quick and its not 3 days. It doesn’t even matter if the lease is technically over.
In my case the renters pushed it to the limit, then only moved part of their stuff out. I couldn’t do anything for 3 weeks until I got a lawyer to agree the remaining property was abandoned because they had taken their beds and the kitchen table.
So then I had to pay $2k to get it cleaned up and another $3k to fix stuff. Hauled about 3 tons of crap out. I kept the deposit but never saw the rest of the money they owed me. My swimming pool pump disappeared a couple months later, so they probably stole that.
Some people are pro’s at abusing the system.
In cal it’s an attempt to serve notice to pay or leave. It’s just a warning
are you kidding me? it is the TENANTS who have all the reights.
I used to own 14 units, I know a little about it.
Listen to Judge Judy. If you eat the steak, you have to pay for it. If you or your belongings are in the house, you have to pay rent.
“”I didn’t pay her for july to use . I thought by mutual agreement.
What transpired to make you think that?””
You understood that?
Next suggestion: Get out of there as soon as possible. Why would you want to live in a place where you're not wanted?
Any problems with the house? Mold? Code issues? Anything? Call the town or state environmental unit and complain. An inspection from them could delay it 2 weeks more (reschedule the appt to gain another week still). Now you have bought yourself 8-9 weeks with no problems. You don't even need to pay rent during that time, or attorneys fees. But your landlord WILL have major attorney costs and you will be in a better position to negotiate.....to be continued...
1st time delinquent--
strict warning brought a timely catch-up on rent /late fees....
2nd time delinquent (lease provision)...
...just adequate notices & tight paperwork...
And I do understand your story... as well...
Some states & situations.... landlord nightmare...
Thanks for your feedback
I assume by your profile that you are in Indiana.
According to Indiana law. You cannot be evicted unless you are 10 day late. If you paid June rent then you are OK. You need to pay by Wednesday at the latest or it is game over. I would pay tomorrow. Make sure you have a witness when you pay just in case the Landlord tries to refuse you rent. A security deposit cannot be used as rent unless the landlord agrees in writing. That is not what a security deposit is for.
Mr k, did you finally get tired of being a landlord or did you reach an optimal ROI and retire from the rental business? Just curious. We have personally had one unpleasant experienced that turned us off from renting out to others. Not traumatic, just annoying but enough for us.
“Just say you are having surgery or something. They usually won’t ask for proof.”
What if they do ask for proof?
what state are you in? you may have more rights than you realize. get a lawyer asap
She told me I had to be out by july 23 her court date or sooner because losing house by then. I’ve never been late or missed rent and agreed to move before 23. Lease not up either. I paid 1050 deposit and she said she would deduct last rent from it. The summons is a complete shock.
There’s a lot unsaid in what’s going on in your situation. Advice here isn’t going to help except for: GET A LAWYER.
Stays on eviction are near automatic. If it’s a simple case of the owner wanting you out, then the judge will decide how long you have ... and they are generally very liberal about it. Say 60 day minimum. You could almost do it yourself, but from reading your predicament and your weird decision not to pay rent means you should get a lawyer asap and don’t even talk to the owner, direct them to your new found lawyer.
I repeat, get lawyer, have no contact with the owner regarding this matter.
then you get your court date and each one says his side of the story, the judge makes a decision
Horse manure. It varies from state to state. Here in AR, I can post a 10 day notice on my tenant's door and can have them removed on the 11th day on CRIMINAL charges of unlawful detainer. I own 11 properties, and have seen and done it all.
You can feel out the clerk on the phone and be vague. They are too busy and in any case are willing to grant the first 2-4 week adjournment without question. Subsequent ones are another matter and typically require court approval.
It sounds like there may be other issues here. I agree with the others - if you can, your best course of action is (1) pay the rent, and (2) retain an attorney. You signed a lease that commits you to pay and you don't want to be in a position of having to make that good, pay for a new place, and move, all at once. An attorney will be cheaper than that.
Let's just say the poster is lucky he lives in Indiana and not Arkansas, which has perhaps the most "unbalanced" landlord-tenant rights in the nation.
No 'perhaps' about it! AR has the most archaic landlord-tenant laws in the nation. Fortunately, most of us here do not take advantage of it, though. The laws are so lopsided in favor of landlords here that the warranty of habitability is not recognized. The lease must spell out who is responsible for maintenance - or else, it falls on the renter.
Why take the chance though?
If the original poster hasn’t done anything against the lease (with exception of maybe a misunderstanding regarding the July rent), wouldn’t it be a good idea to wait until he’s served with dispossession and then make his case to the court?
That in itself buys him some time, and his lease is up in August anyway.
Curious — would the state environmental unit be the same thing as the EPA?
What happens if when you get before the judge and he asks about it. Do you lie to him too?
When Lawyers get involved... you waited too long.
The big question is: why does your landlord have a court date on July 23? Sounds like the house is in foreclosure and maybe she is claiming you did not pay the rent for many months and is taking you to small claims to back up her story......does not pass the smell test at this point.
If you were planning to move at the end of the month anyway, pay the July rent NOW and start packing.
Of course not. "Dog ate my homework" excuses won't cut it. I would hope by that time this FReeper would have gotten his act together and paid the damn rent.