Eviction

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mcbiggins

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hi,
I live in Alabama. I have been renting a very small dorm/apartment for over 6 months now. I have NEVER had a single complaint or been late on rent. On 12/17/08 I was handed a peice of paper that stated I was to be evicted. Reason is that I have had overnight guest in my room. And I have, I was helping a freind out that has come into bad times. Not a big deal, this place in a bug infested dump, and the manager is always coming in the room. My complaint is that they said they would change the locks on 1/2/09. I pay rent on a monthly basis, and there is not lease. Can I be evicted with such little time to make other arrangemant? I'll be glad to answer any and all questions. Also they said I wasnt allowed to have females in the room nor am I allowed to even have this pc in the room.
 
If your rental agreement forbids certain actions and you aware you can be asked to leave. This is not an eviction. An eviction is a court action. Without looking up AL law I would suggest you must be given a 30 day notice to vacate. The notice you desribe falls short of that. Regardless you broke rules and the Landlord is withinhis rights to request you leave. Even without reason he could do so since there is no long term lease
 
Based on a "quick" search it seems AL is strange with its laws. From what I read the Landlord is only required to give you 10 days notice to vacate. Gailingeorgia is much better versed on this than I hopefully she willsee thread and shed some more light on this
 
If you fail to leave after this time period, the landlord cannot simply change the locks or physically remove you WITHOUT a court order granting them the right to evict you.

They MUST file what is known in Alabama as an Unlawful Detainer. This is a request for eviction. You would be served notice that this has been filed against you and you have a number of days to answer this complaint against you (14 days in this case since the issue does not involve nonpayment of rent).

If you do not answer the court, the Unlawful Detainer will be granted to the landlord and the eviction will take place. If you do answer the court a hearing will be set up where you and your landlord will have the opportunity to argue your sides in this matter.

Failure of your landlord to follow this required process means he is undertaking an "illegal eviction" and can be sued for this.

Gail
 
well it is known fact that they WILL change the locks on the door, and remove all power to the until, the local law enforcement here will even help. This is wrong, I did nothing wrong. It's Christmas for god sake and I dont have the instant money to up and move. 10 day simply isnt enough time. I could understand if I was no paying rent, or my neighbors had made a compliant. All I simply did was to help a friend that was homeless till he was able to get a place to live. I feel sick to my stomach about this. It's just ridiculous that I can help somebody without being screwed myself. I know for a fast that this landlord wont file any such Unlawful Detainer, for he has no need the cops will help him just move me out with no where to go. If anyone has anything else that can help me let me know..
thanks
 
Have you ever had a lease on this place?

A lease is a legal contract stating (among other things) what the tenant can and cannot do as well as what the landlord is expected to do on issues such as repairs.

If you've never had a lease you've never received documentation that keeping an overnight guest could lead to an eviction.

Gail
 
all I got at the time I moved in was a list of rules, of witch I did sign. And yes one rule was that I have no over night guest. This place even told my sister that she could not enter.. they dont allow girls in the building, but the are female tenants. Another rule is that since they provide a bed and chest, no furniture is allowed. All I have in here are 2 pc and my tv, yet they said I also violated this rule. Another rule is no cooking in the room, and I have a crock pot. Another rule was that the room must remain "clutter free" meaning nothing on the floor. They said I simply had to much "junk", in my room. They also said on the rules sheet that the landlord, manager, police, fire, may enter the room as they see fit. This place is almost like jail. No visitors, not even family, no furniture, no cooking, no alcohol (I dont drink). Random room inspections. All I know is that by 01/02/09 I wont be able to move, and they gonna lock me out, and there seems nothing I can do about it.
 
You broke a rule thus the notice to vacate was legal. Locking you out will not be. However you should make your best effort to vacate. Having an eviction on your record can seriously harm your ability to rent new place
 
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