notice Giving Notice

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.

 

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.

 

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.

 

THX

How can i be barred from the property because of false accusations army judge

 

so do you think we should break the lease

 

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

 

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.

 

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

 

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

 

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.

 

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

 

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.

 

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

 

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

 

i replied to this one already

 

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/