(It's too damned high!)
Posted on 07/08/2013 6:01:54 PM PDT by enduserindy
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.
TT
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.
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.
Man, you guys really are rednecks.
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.
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
#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.
My advice is to record every transaction you have regarding this issue. Eventually, someone will lie about what they said to you.
(It's too damned high!)
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.
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.
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.
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