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Need help. Renter nightmare.
freerepublic.com | self

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?


TOPICS: Business/Economy; Chit/Chat
KEYWORDS: rent; renter
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To: Mr. K
n 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

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.

41 posted on 07/08/2013 7:42:35 PM PDT by RobertClark (My shrink just killed himself - he blamed me in his note!)
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To: Heart of Georgia
“Just say you are having surgery or something. They usually won’t ask for proof.” What if they do ask for proof?

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.

42 posted on 07/08/2013 7:46:38 PM PDT by montag813 (NO AMNESTY * ENFORCE THE LAW * http://StandWithArizona.com)
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To: enduserindy
She told me I had to be out by july 23 her court date or sooner because losing house by then.

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.

43 posted on 07/08/2013 7:48:18 PM PDT by Billthedrill
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To: RobertClark
Horse manure. It varies from state to state. Here in AR

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.

44 posted on 07/08/2013 7:50:39 PM PDT by montag813 (NO AMNESTY * ENFORCE THE LAW * http://StandWithArizona.com)
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To: montag813
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.

45 posted on 07/08/2013 7:59:31 PM PDT by RobertClark (My shrink just killed himself - he blamed me in his note!)
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To: montag813

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?


46 posted on 07/08/2013 7:59:56 PM PDT by Heart of Georgia
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To: montag813

What happens if when you get before the judge and he asks about it. Do you lie to him too?


47 posted on 07/08/2013 8:02:14 PM PDT by Lurkina.n.Learnin (If global warming exists I hope it is strong enough to reverse the Big Government snowball)
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To: enduserindy

When Lawyers get involved... you waited too long.

TT


48 posted on 07/08/2013 8:20:29 PM PDT by TexasTransplant (Idiocracy used to just be a Movie... Live every day as your last...one day you will be right)
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To: enduserindy

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.


49 posted on 07/08/2013 8:32:14 PM PDT by Donkey Odious ( Adapt, improvise, and overcome - now a motto for us all.)
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To: Lurkina.n.Learnin
What happens if when you get before the judge and he asks about it. Do you lie to him too?

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.

50 posted on 07/08/2013 8:37:10 PM PDT by montag813 (NO AMNESTY * ENFORCE THE LAW * http://StandWithArizona.com)
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To: Heart of Georgia
Curious — would the state environmental unit be the same thing as the EPA?

In mid to large cities there are Agenda 21-ish "livable city" agencies that are hard on landlords. Most blue states have EPA-lite clones that give tenants way too much leeway. I have no idea where he is in Indiana.

51 posted on 07/08/2013 8:38:44 PM PDT by montag813 (NO AMNESTY * ENFORCE THE LAW * http://StandWithArizona.com)
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To: RobertClark

Man, you guys really are rednecks.


52 posted on 07/08/2013 8:39:23 PM PDT by steve86 (Acerbic by Nature, not Nurture™)
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To: enduserindy

Thanks for the clarification. If the house is going into foreclosure you know you’ll have to leave. But an attorney specializing in rental law would be worth the consult fee to find out how much time you can actually count on.

He would answer such things as whether or not the bank would be required by law to go through the same steps as any other landlord (it seems that they would). If so, this would take some time.

If you have a sympathetic judge, you could possibly go several weeks to a couple of months past the July deadline that your landlord told you.

I hope everything works out well for you.


53 posted on 07/08/2013 8:42:11 PM PDT by Heart of Georgia
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To: enduserindy

You signed a lease which includes a deposit .
Your in violation of the lease.
You have nothing in writing or email form to prove your arrangement.
Depending on the state or county or city will dictate your eviction.
Just move out and leave the place in good condition .
Photo or video the condition with a Newspaper date


54 posted on 07/08/2013 8:45:32 PM PDT by ncalburt (Amnesty media out in full force)
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To: enduserindy

#5 is the best advice. Depending on where you live, there is no way a landlord can effect an eviction that quickly. Some places begin legal action if rent isn’t paid by 5th of month per the lease, but actual eviction is another thing. If you pay with the late fee, and s/he is holding your deposit (hopefully accruing interest) there would be no good purpose to his/her further pursuing the eviction. It would cost too much in both time and money.

In the meanwhile you’ve learned a valuable lesson on contracts.


55 posted on 07/08/2013 8:47:41 PM PDT by EDINVA
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To: enduserindy

My advice is to record every transaction you have regarding this issue. Eventually, someone will lie about what they said to you.


56 posted on 07/08/2013 8:53:57 PM PDT by Kevmo ("A person's a person, no matter how small" ~Horton Hears a Who)
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To: enduserindy; All
THE RENT...

(It's too damned high!)

57 posted on 07/08/2013 8:57:14 PM PDT by Rodamala
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To: TexasTransplant

There is no point to discussing this. this person should get a local lawyer, and tell him/her everything. The laws differ incredibly from state/state and locale to locale. I was turned off from every owning an renting out property again after living in Illinois. A renter has to be actively murdering people in front of multiple witnesses in order to get quickly evicted there (OK, this is a slight exaggeration). Beyond this, it can take weeks to years - yes, years - and you WILL need a lawyer. OTOH, the further south you go, the more things favor the landlord. In some places in Georgia, for example, not paying your rent on time can result in your stuff in the street in 5-7 days, no muss, no fuss for the landlord. I saw it happen many times.


58 posted on 07/08/2013 8:58:39 PM PDT by The Antiyuppie ("When small men cast long shadows, then it is very late in the day.")
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To: enduserindy
"She told me I had to be out by july 23 her court date..."

Sounds like you live in a state with judicial foreclosure. Usually you can wait until the place is actually sold, sometimes you can rent it from the new owner.

This renting out homes while the owners wait for the banks to foreclose is happening all over the place.

You could go over to loansafe.org and see what kind of info on your state you can get. Good luck.

59 posted on 07/08/2013 8:59:30 PM PDT by moehoward
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To: enduserindy

You need to ask folks that are familiar with the laws of your states. Most of these people are telling you what to do according to the laws of their own state which has no bearing whatsoever on your situation.

My opinion is that your landlord is in foreclosure and told you to not pay the July rent as she expects to hand over the house to the courts/bank whoever at this court date of the 23d.

Your only option is if Indiana has some sort of law that requires you to be evicted first before the house can be given over to the courts/bank. This three-day notice sounds as if it’s just part of the process. If not, they will come and throw your stuff out of the house at the end of 72hours.


60 posted on 07/08/2013 9:19:55 PM PDT by VeniVidiVici (Obama's Enemies List - Yes, you are a crook.)
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