It looks like you're using an Ad Blocker.

Please white-list or disable AboveTopSecret.com in your ad-blocking tool.

Thank you.

 

Some features of ATS will be disabled while you continue to use an ad-blocker.

 

Can a landlord file eviction after you give 30 day notice to leave?

page: 2
11
<< 1    3 >>

log in

join
share:

posted on May, 21 2019 @ 10:21 PM
link   
a reply to: abe froman

Renting...... Landlords.... Companies..

Scumbags, all of them.

Thank you jeebus for getting me my own place, still have to hold up in the barracks for a couple of weeks.

Best of luck for you, are there any "rental association thingys" that can help, or free legal advice?

My current camp has had brown water coming from all taps, for a month now, and the mold, the mold is budding quite nicely.


edit on 21-5-2019 by solve because: (no reason given)




posted on May, 21 2019 @ 10:23 PM
link   

originally posted by: abe froman
a reply to: SeaWorthy

I agree that it would seem that they could be able to sue me for non-payment of rent but, not for eviction as I've given

30 days notice.

However , real estate law isn't my strong suit.





An eviction can be for possession of the unit, and/or for rent due.... Back rent, I am guessing, is what they will be going for. Your notice is only telling them that you are moving out, not that you are going to pay. See my more detailed posting earlier.



posted on May, 21 2019 @ 10:35 PM
link   
a reply to: abe froman

Sure they can but usually they also have to give you 30 days notice as well by most state landord/tenant laws that i have read, so it wouldnt matter anyway.



posted on May, 21 2019 @ 11:49 PM
link   
a reply to: abe froman

The landlord is just covering their bases, in case you use your deposit money and then DON'T move out, or leave the place damaged, or otherwise unrentable, until they pay to have it fixed up. It's nothing personal, it's just smart business when a tenet preempts their lease/month to month agreement, demanding their deposit back in advance.



posted on May, 22 2019 @ 12:01 AM
link   
a reply to: abe froman

If last months rent was in the lease agreement. Take a pic tell him you’re going to run his name and your complaint. Weekly in Craigslist rentals for the foreseeable future .

See what happens ?
edit on 22-5-2019 by Fallingdown because: (no reason given)

edit on 22-5-2019 by Fallingdown because: (no reason given)



posted on May, 22 2019 @ 06:03 AM
link   

originally posted by: abe froman
a reply to: Shockerking

Also every summer we have a massive ant infestation.

It's already so bad I can't even put my cat's food on the floor.



Hey, if you still want to put your cat's food on the floor, just put down a pie tin first, fill it with 1/2 inch of water and set the food in the middle. Ants don't like moats.



posted on May, 22 2019 @ 06:16 AM
link   
a reply to: abe froman

I would need to know what city and state you are for sure. To give you a 100% correct answer. As it goes with most cities and states i know they can not file an eviction after you give notice. That is deemed as retaliation and harrasment. As long as you have been makeing on time payments and have proof of that thats what you need. They also can not call the cops on you while living there. Before you can even be evicted by the cops, the judge has to sign off on you being evicted. Depending on the judge he could say you have anywheres from 2 days to 7 days that you need to clear you and your belongings by.
The scam you mention about the security deposit is very common here by me. Another scam they pull is pretending there going to rent a place out, then charge the app & credit check fee. Yet they had no intent to rent the place. There just makeing money hand over fist, from the applicants. Also before renting the place check online on the county website and make sure the person your working with is the true owner of the house. Thats another scam where they pertend its there house and its not. Then people hand them there deposits, and next thing you know poof there gone with your deposit.
Anyway by haveing the city and state you live i can look up every single violation the landlord has done.
Based on fileing that illeagle eviction. As long as you have all your paper work, and law codes typed that the landlord broke. Also if you have a suit and dress shirt and slacks and dress shoes were thoose. The suut goes a long long way in court in front of a judge.
If you can try to wear a blue tie. This conveys that you are honest, make sure to do a powerknot in the tie as well. This projects confidence. After the judge rules in favor of you, you now have a real big juicy lawsuit to slap on the landlord. Any law firm wort there salt that is specialized in that field will chomp at the bit to take it. You also really want to fight this, if you get an eviction on your record, in most states im aware of it stays on your record for 7 years. Its not easy to rent a place at all after that. Its also next to impossible to get it off your record before then.



posted on May, 22 2019 @ 06:26 AM
link   
My wife and I used to own a few rental properties when we lived in NJ, so my experience is based on those laws:

The maximum we were allowed to charge for a security deposit was 1.5 months rent. That deposit had to go into an interest bearing account and the tenant notified of where it was being held within 30 days (most landlords didn't do this). I put it in my lease to simplify things.

Technically, the day after you miss your rent payment, an eviction could be filed. Depending on the town and court, that date could be set for 2 weeks or a month later. Most leases have clauses recouping the eviction expenses, so it's really no loss from the landlords perspective. Some file them automatically, some never do it.

As far as the return of security deposit, I always took before and after pictures. From a tenants perspective, they think leaving behind furniture and clothes and things they no longer want is no big deal and it should cost the landlord virtually nothing to get rid of those items. From the landlords perspective, the carpet installed right before they moved in is usually trashed, and the unit will need to be painted. I would try to be as fair as possible and itemize and provide pictures of anything I deducted for. Those itemization's have to be sent to the tenant within 30 days or in NJ they can sue you for up to 3x the security deposit.

I have had great, good, bad and terrible tenants, just like there are great, good, bad and terrible landlords.
To the OP. If you feel you are entitled to all or most of the security deposit back, then fight the eviction. Good luck.
edit on 22-5-2019 by peter_kandra because: fat-finger typos



posted on May, 22 2019 @ 06:59 AM
link   
a reply to: abe froman

Every state, and even some localities have their own landlord tenant laws. Some have enacted the Uniform Landlord-Tenant Act, which is somewhat tenant oriented. It requires security deposits to be deposited in a separate escrow account. In any event, your landlord says he will evict you if you don't pay the May rent. You say you are moving at the end of May. So, if he files for eviction, he must first send a "rent due letter, giving a "drop dead" date. Then he would have to prepare the eviction filing , file it, and then wait for the hearing date. By then you should be gone. You can go to small claims court to get the security deposit back. I am a retired lawyer and, as a law school project, helped write the Kentucky version of the L-T Act.



posted on May, 22 2019 @ 07:04 AM
link   
a reply to: abe froman

Depending on your state laws. It's the landlord responsibility to provide safe housing. If there's an infestation of some sort they are required to take care of it.

You might want to call your local health department on them.



posted on May, 22 2019 @ 08:05 AM
link   
a reply to: manta78

This is good advice.

To the OP:

Seems to me the issue here is May's rent. Might be worth it to pay May's rent and dispute it after the fact. You could do this via letter saying you are paying the rent under protest. Reference the protest letter in the memo line of the check and send both via Certified Mail (in the same envelope). In other words, serialize the letter and reference the serial number on the check.

There's kind of two things going on here. One is the actual 'Eviction" process, and two is the matter of security deposit vs. last months rent (in this case, May rent). The security deposit and refund thereof is out of your hands, but the May rent issue is not. By paying the May rent you are then in a much better legal 'position of strength' to argue about the security deposit and the actual Eviction notice.

Unless the landlord has previously notified you (in writing) of some default / deficiency on your part they are in a position of weakness to argue an Eviction after you have notified them of your intent to leave (hopefully you did this in writing). It's like Eviction after the fact.

Keep in mind, landlords usually know the law better than you do. However, if you ultimately need to get an attorney involved (which, incidentally, you should if they follow through with legal eviction) then being in a position of strength from the strart will help your case and your legal counsel immensely.

Note - I'm not an attorney (nor do I play one on TV), and I'm not real familiar with rental laws, but I do work with legal issues and attorneys pretty much on a daily basis anymore it seems, so I am familiar with some of the strategies.

And remember, the guy with the most paper on Judge Judy almost always wins!



posted on May, 22 2019 @ 08:15 AM
link   
a reply to: abe froman

Swimming pool vs. no pool = non issue

Raise the rent = Landlord's prerogative, therefore non issue (without a lease).

On-site Maint. guy = non issue, unless there is some maintenance issue outstanding which affects safety or health

Ant infestation = GET PICTURES OF THIS!! Put a newspaper in the pictures to verify the date. (If it were me, I'd probably write the landlord about this even now at this late date, just to get it in writing given the security deposit dispute. Statements from others about the same issue (again, in writing) would also help greatly.

Cat = Sorry, but this is probably your single biggest obstacle to getting your security deposit back! Landlords LOVE to use cats as an excuse not to refund a security deposit.

Bottom line - Document, document....and more documentation.



posted on May, 22 2019 @ 08:26 AM
link   
All depends on what your state law says the landlord can and can’t do.

On your part, giving notice to vacate doesn’t remove your obligation to pay rent for the time you’re still in the unit. The confusion over the double deposit doesn’t remove the obligation to pay rent, it just means you got shafted on your deposit.

On the landlord’s part, where I’m at they have every right to send you a “pay or quit” notice for nonpayment of rent, and can do so as little as the day after rent is due. Failure to pay within the specified time frame then sets up an eviction claim (or unlawful detainer claim to be specific).

You need to pony up rent for the rest of your time in residence. If he files for eviction, it’ll show up in any background check future landlords run on you, even if the claim is then dropped before a judgement is issued. Since you’re worried about having it on your credit and so on, the only way to prevent it from showing up is to not give him a reason to file in the first place.



posted on May, 22 2019 @ 09:31 AM
link   
a reply to: abe froman

If you did not vacate the premises on April 30th, then your month to month lease agreement most likely states that rent is due on May 1st. Security deposits are dealt with after you have vacated the premises and the landlord has inspected the property. That process may and can take up to 30 days if repairs or repainting is needed.

It seems like you assumed you would not have to pay May rent rather than simply confirming with your landlord when you gave your notice to vacate. Since you say the deposit is not your frustration, pay your month's rent as agreed.

edit on 5 22 2019 by CynConcepts because: (no reason given)



posted on May, 22 2019 @ 10:26 AM
link   
a reply to: abe froman

It makes no sense for them to do so, since you will be gone. If you don't get back your deposit sue them.



posted on May, 22 2019 @ 03:48 PM
link   
Depends on the state and county you reside. Renters do have rights (Renter's Rights). Google that.



posted on May, 22 2019 @ 06:08 PM
link   
...if you're already assuming you won't get your deposits back, is there any real reason not to poop in the toilet holding tanks, put a couple raw herrings or sardines inside the HVAC vents, and remove the faceplates on all the light switches and electrical outlets, using a small funnel, carefully "fill" the walls with granulated sugar, return the faceplates to their proper position. Oh, believe me, your ant problem will become the landlord's ant nightmare in short order.



posted on May, 22 2019 @ 06:22 PM
link   
a reply to: abe froman

When you chose to not pay the final months rent, you already lost. I suspect you know that?

Not sure why you think a security deposit is the same as paying the last months rent when leaving?

All laws that do not fall under the Landlord Tenant Act are local in nature, usually state law.

Now the ants you had something to go with, but not now since you won't be living there. You could have easily forced their hand and made them deal with any pest infestation.

One suggestion is only communicate with them in writing and send Registered Mail with a signature required. Landlords can be easy to deal with and you could have likely saved yourself heartburn by communicating with them.



posted on May, 22 2019 @ 06:25 PM
link   

originally posted by: StallionDuck
Depends on the state and county you reside. Renters do have rights (Renter's Rights). Google that.


No renter has the right to not pay. I'm confident in that one. You have to be paid up to date to have any power as a renter.



posted on May, 22 2019 @ 10:28 PM
link   
a reply to: Blaine91555

Turns out you are correct. My landlord said if I paid rent today she wouldn't file.




top topics



 
11
<< 1    3 >>

log in

join