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notice Giving Notice

Discussion in 'Other Residential Landlord & Tenant Issues' started by starleash27, Apr 24, 2016.

  1. starleash27

    starleash27 Law Topic Starter Guest

    Jurisdiction:
    D.C.
    I have been living with my childs father for a couple months now. Living wit us is our 1year old and my 6year old come over on the weekends. The neighbor downstairs been complaining about hard walking and banging at night. She tells the resident manager that she knows its me because she knows a womans walk. Police are getting called every night for these false accusations no police reports are being done or nothing because they say its all hear say an they cant prove if the noise was being made. On one occasion the police was called at 7 in the morning as i was getting my 1year old ready for school. When the police came they said someone called for loud noise. By this time me and my childs father is very frustrated because the resident manager isnt doing anything and she is accepting the false accusations. The resident manager had to defuse the situation so she barr me an say i threaten a tenant in front of the police. Now i have not received a barr notice nor has she told me i was barred. The resident manager told my childs father if i come back on the property i will get arrested an he will get a 30days notice. What can I do about this situation and how can i go about filing a complaint against the resident manager.
     
  2. starleash

    starleash New Member

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    once given a 30days notice do you have to wait for a court date or when them 30days up you gotta go

    OK so yall remember my story so is it ok for us to go back to the apartment. Resident manager said if i come back on property i will get arrested and my childs father will get a 30days notice. Now the resident manager never told me I was barred nor did she tell me I couldnt come back on the property. I was told by my sons father mother this the resident manager told this to my sons father mother(my mother in-law) We have not been back home for a month now because we dont know what to do.
     
  3. dee_dub

    dee_dub Moderator

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    It's 30 days for the court date. You're not officially evicted unless the landlord goes to court, files a lawsuit against you, and gets an order for possession. You can challenge a notice to vacate for a number of reasons (for example, you think he's retaliating for you exercising your rights as a tenant, etc.)

    Of course, if he has to go to court and he's ultimately successful, you'll have a hell of a tough time renting another place.

    You can find more information here:

    http://ota.dc.gov/sites/default/files/dc/sites/ota/publication/attachments/Tenant_Survival_Guide.pdf

    Check Section 5.
     
    starleash likes this.
  4. army judge

    army judge Super Moderator

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    If you return to the property, your baby's father will probably be evicted.

    You're not on the lease.

    You have no right to stay with him, or be on the property if his landlord tells you to stay away.
     
  5. starleash

    starleash New Member

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    THX
    How can i be barred from the property because of false accusations army judge
     
  6. starleash

    starleash New Member

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    so do you think we should break the lease
     
  7. starleash

    starleash New Member

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    so do u think i should break my lease and how can i get bared for false accusations
     
  8. starleash

    starleash New Member

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  9. army judge

    army judge Super Moderator

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    Are you on the lease?

    Read your lease.

    If you're on the lease, there's a provision that allows you to be banned if excessive criminal activity is determined. Usually, a large number if police responses where you're the subject of the calls is often enough to trigger a ban.

    If you're not on the lease, the lease covers that, too.

    Read the lease.

    Once you've done that, please come back and ask us to clarify for you.
     
  10. starleash

    starleash New Member

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    ok no im not on the lease and i have read the lease and these are false accusations so i can be banned for lies or from someone who dont like you. sound like discrimination to me
     
  11. starleash

    starleash New Member

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    ok no im not on the lease and i have read the lease and these are falseaccusations so i can be banned for lies or from someone who dont like you. sound like discrimination to me
     
  12. army judge

    army judge Super Moderator

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    You're not on the lease.
    That's the only reason the landlord needs to ask you to leave.
    You're free to force the landlord's hand and you'll be served a summons to appear in court for an eviction proceeding.
    Your baby's father will likely end up being served, too.
    Bottom line, your presence in the unit violates the lease he signed.
    You can call it discrimination.
    The law calls you a trespasser, an interloper, and you'll eventually be evicted; unless you leave before the deadline.
    Once a formal eviction has been filed against you, you'll find great difficulty in obtaining DECENT (or even public) housing for decades, if ever in your lifetime.
     
  13. starleash

    starleash New Member

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    so what should we do should he break his lease or wait til his lease up to moved
     
  14. starleash

    starleash New Member

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  15. army judge

    army judge Super Moderator

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    Was your baby's father given notice to leave, too?
    If he was, it wouldn't be considered breaking the lease.
    If he wasn't given notice, then he's not affected, only you were told to leave.

    I can't tell you what works for your family.
    That, I'm afraid, you and he must discuss and decide.
     
  16. adjusterjack

    adjusterjack Super Moderator

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    I found your other post and it explains things more clearly than this one does.

    So PLEASE don't continue on this one.

    Go back to the other one and read my comments.

    false accusations
     
    Last edited: Apr 24, 2016
  17. starleash

    starleash New Member

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    ok the apartment is in his name his mother is like a co benefituary when i first started spending the night everything was ok until the complaints started. my sons father is a new person in the building and also the youngest. the neighbor under us say at night there is hard walking and loud banging. the neighbor tells the resident manager that she knows its me because she knows a women walk. everytime the police come no report is being done. on one occassion it was a big argument between the neighbors because once again we got another complaint at 7 in the morning. so the resident manager has to defuse the situation so she barred me and told my mother in-law if i come back on the property i will get arrested and my sons father will get a 30 days notice. can she do this under false accusations
     
  18. starleash

    starleash New Member

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    i replied to this one already
     
  19. adjusterjack

    adjusterjack Super Moderator

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    I don't think that your presence in the apartment will ever constitute trespassing as you were invited to stay by the rightful occupant of the apartment.

    For the landlord to take any action for problems he/she would have to give the tenant proper written notice and an opportunity to cure the "offenses" and would then have to go to court and evict.

    Unfortunately, I don't really have a "legal" answer for you as DC has a confusing array of landlord tenant laws.

    Keep in mind that your boyfriend is the tenant and you are not, you are his guest. It's up to him to deal with this. If you both feel that you need to stay away during all this, that's up to the two of you. You are free to return to the apartment if you want to force the landlord's hand. I'm not recommending that risk while your boyfriend is trying to resolve this. Just understand that he CAN potentially be evicted if his guest is causing a disturbance to other tenants.

    If he wants to break his lease it's not likely to be without financial consequences. He could lose his deposit, be sued for other amounts, have his credit trashed by collections, and be put on the apartment owners data base of bad tenants.

    Here are two links to landlord tenant guides:

    Washington DC Landlord Tenant Guide

    https://www.thelpa.com/free/tenantguidedc.pdf

    Here's a link to the DC Office of Tenant Advocate:

    http://ota.dc.gov/
     
  20. starleash

    starleash New Member

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