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...
Just say'n....
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.
G'luck
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.
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