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?
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...
Ka-boom... GONE!
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.
Read these:
http://howtoevictatenantinindiana.blogspot.com/
http://www.expertlaw.com/forums/showthread.php?t=3572
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?
Wow..smart move
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.
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