Question about tenants rights

[housinghelp]

I have lived in my home (a rental) for over four years. Over the last year I have lost my job (receiving unemployment), all expenses have gone up as with everone. The last year I struggled tremendously to keep up on the rent and utilities. Up until this month I have NEVER missed a months rent. Last month he told me he was raising the rent another $400 knowing full well I couldnt do that. At that time I told him I would be out by July. He said June 30, I said ok no problem.

Here is the problem. In order for me to come up with the first month, security deposits etc I was unable to pay the rent this month. It was due May 1st. I told him I would be out by June 30th and I understand that I would owe the months I missed and would pay him off once I was living in a much more affordable location.During that conversation he said "ok" My current rent is $2500 plus all utilities. I am a single mother of three.

Yesterday he knocked on the door and handed me a notice to appear in court the first of June. He also said that at that time the judge would tell me I have 72 hours to leave or I would be locked out. Is that possible???? I have absolutely nowhere to go yet. No family and no money. I receive a small pension from my ex husband, child support (small amount) and my unemployment. Because of that income I do not qualify for any public assistance. However the rent being so high I have zero savings to just up and go in a week. I am not a flake. I had a job making 70k a year when I signed the lease 4 years ago. It was a one year lease and have never been asked to sign a new one.

Bottom line to this long winded question...Is there really a chance the judge will say I am to be out within 3 days of the court date? I will honestly be homeless with my children. NO their father WILL NOT ALLOW THEM TO LIVE WITH HIM. "They will interfere with his new life with his wife and her kids"

In reality, legal reality, will I at least be given 30 days?? I really need 45 but I could maybe find something suitable in 30. But I still wont have anymore than One and a half months rent for the new place. HELP PLEASE. I cant sleep and have no idea where we will go. Thanks in advance.

I live in suffolk county, town of Brookhaven.

 

[mightymoose]

Usually before the landlord can take you through the eviction process the landlord must first make a written demand reffered to as a pay or quit notice. It sounds like you have not received this. When you appear in court advise the judge that you never received any notice from the landlord and that your summons to court was the first action taken- that alone might get the matter tossed from court and the landlord may have to start over. By the time it gets back in court you rwill have moved out.

Even if it doesn't get tossed, you would not be given just 72 hours. You would likely be given about 30 days, and if you were not out within 30 days another hearing would be held and at that time you would be given the 72 hour notice.

The procedure varies by jurisdiction, but in short, don't worry about being kicked out with 72 hours notice.

 

[housinghelp]

Thank you. Yes this was the first correspondance I recieved from him. As I said, Im not even 30 days past due at this point. I hope the judge agrees or at least understands why I need the time. Believe me I hate living like this ...under the gun. Its stressful but if given 4-6 weeks I should be ok. I dont want to drag this out. And I hate being unable to meet my obligations...I just cant find another way out at this time. Thanks again Sir (or Mam)

 

[housinghelp]

I have another question: How is it that I have heard so many times that a landlord has had people in the homes they own that have not paid rent in many months and yet they cant get them out? How could the tennants still be in the houses. My landlord has told me himself he had people who didnt pay them in many, many months but yet they are still there? Dont get me know...I have no desire to drag this out but Im just curious why they havent been legally evicted long ago? Any ideas?

Also Is there any chance the judge could MAKE the kids father take them in under the circumstances. Even for a month or two? He has a large 5 bedroom house blocks away. Then I could stay with a friend till I can get the funds together.

 

[mightymoose]

The eviction process is a slow one, and many times landlords fail to follow proper procedure, or tenants are wise to the process and know how to stall it as long as possible... so yes, sometimes there are lengthy battles over eviction.

The judge in this case will have nothing to do with any custody matters. That is between you and the other parent. If you are unable to care for the kids and NEED the other parent to take them then you need to get into the proper court to have the custody matter heard.

 

[kathy29]

I am in a similiar situation I am a mother of 3 we were just given verbal notice that we have 2 weeks to move and this was immediately following our payment. We are not behind on payments and the people want us to leave because they want to sell this house. We are currently supposed to be buying it but the sellers current financial situation has caused them to change their mind. What can we legally do so we can avoid further costs and further stress to us and our children?

 

[army judge]

I am in a similiar situation I am a mother of 3 we were just given verbal notice that we have 2 weeks to move and this was immediately following our payment. We are not behind on payments and the people want us to leave because they want to sell this house. We are currently supposed to be buying it but the sellers current financial situation has caused them to change their mind. What can we legally do so we can avoid further costs and further stress to us and our children?

A landlord can't force you to leave the home you are renting.

He can ask,

You can refuse.

If you have a lease, it is valid through the entire term of the lease.

If your lease expires 31 July 2011, you are free to stay until that date.

If you are a month to month tenant, the state statute determines how your lease ends.

You didn't post your state, so if you are a month to month tenant, Google your state's name and month to month tenancy.

Most state statutes require a 30 day notice from either party to terminate the lease.

If your landlord wants you out, you are free to stay or leave.

Most people in your situation demand "cash for keys".

Google it and discover all about it.

Essentially it means that if your landlord wants you out, he pays you CASH for your to leave at a date agreed upon by both of you.

Some people demand moving costs, too.

Lastly, only a judge can order your out.

That happens after a hearing has been held.

It takes six to eight weeks for that to happen, sometimes more.

What you do is up to you.

But, you don't have to leave.

A landlord can't order you out, he can only ask.

You can refuse.

Your lease protects your tenancy.


If you have no lease, your state's month to month tenancy law protects you!

 

[kathy29]

I live in North Dakota we don't have a formal lease but we do have all the emails stating our terms of agreement. They chose a price we agreed they said 10yrs we agreed. Now they are going through financial difficulties and want to sell the home for a much larger price to help themselves. We do have the emails stating we are buying the home and there is a set price they also stated they would get us a proper legal agreement and haven't yet. The problem is they want to show the home in 2 weeks and want us to leave. We relocated here from Wyoming and don't know a soul we called our local law enforcement agency and they told us we should seek legal advice or we could be in a situation where we have to vacate. I don't understand how they can go back on an agreement in the 1st place wouldn't they have to pay us back what we have already paid? And also give us suitable time to move?

 

[kathy29]

A landlord can't force you to leave the home you are renting.

He can ask,

You can refuse.


If you have a lease, it is valid through the entire term of the lease.

If your lease expires 31 July 2011, you are free to stay until that date.

If you are a month to month tenant, the state statute determines how your lease ends.

You didn't post your state, so if you are a month to month tenant, Google your state's name and month to month tenancy.

Most state statutes require a 30 day notice from either party to terminate the lease.

If your landlord wants you out, you are free to stay or leave.

Most people in your situation demand "cash for keys".

Google it and discover all about it.

Essentially it means that if your landlord wants you out, he pays you CASH for your to leave at a date agreed upon by both of you.

Some people demand moving costs, too.

Lastly, only a judge can order your out.

That happens after a hearing has been held.

It takes six to eight weeks for that to happen, sometimes more.

What you do is up to you.

But, you don't have to leave.

A landlord can't order you out, he can only ask.

You can refuse.

Your lease protects your tenancy.


If you have no lease, your state's month to month tenancy law protects you!

I live in North Dakota the law for month to month leases states they have to give 30 days written notice 1st. I just don't understand how they can evict someone who is current on all payments? We don't have a formal contract but do have emails stating the amount each month and its supposed to be for 10 yrs we are supposed to be buying this home.

 

[army judge]

I live in North Dakota the law for month to month leases states they have to give 30 days written notice 1st. I just don't understand how they can evict someone who is current on all payments? We don't have a formal contract but do have emails stating the amount each month and its supposed to be for 10 yrs we are supposed to be buying this home.

Please reread my post.

I gave you specific instructions for both types of tenancies, lease versus month-to-month.

You're in ND, so Google appropriately for your state.

You aren't being evicted.

You believe that to be the case.

Read my post.

I disclose the only person that can evict you.


It isn't a landlord.

Your emails are meaningless.

What is meaningful are ND statutes regarding
month-to-month tenancies.

If other funds are involved, I suggest you consult with an attorney near you.

Without boring you with legal mumbo jumbo, you can't have a contract to purchase that isn't in writing.

That type of arrangement must be written.

See a lawyer first thing Tuesday morning.

The initial consultation is normally free.

Ask lots of questions.

In fact, see a couple of lawyers.

Then decide what you need to do next!

 

[kathy29]

Please reread my post.

I gave you specific instructions for both types of tenancies, lease versus month-to-month.

You're in ND, so Google appropriately for your state.

You aren't being evicted.

You believe that to be the case.

Read my post.

I disclose the only person that can evict you.


It isn't a landlord.

Your emails are meaningless.

What is meaningful are ND statutes regarding
month-to-month tenancies.

If other funds are involved, I suggest you consult with an attorney near you.

Without boring you with legal mumbo jumbo, you can't have a contract to purchase that isn't in writing.

That type of arrangement must be written.

See a lawyer first thing Tuesday morning.

The initial consultation is normally free.

Ask lots of questions.

In fact, see a couple of lawyers.

Then decide what you need to do next!

I read and re read your responses and I don't mean to bother you. I know the only person who can legally evict me is a judge. The landlord/home owner can request me to leave. In North Dakota the month to month says 30 day written notice. I guess I am just worried if I don't do what they ask they could then become verbal in front of my children or change my locks while I am not at home. I think these are normal fears for anyone who is put in a situation like this. Thank you for all your time and I will consult with an attorney 1st thing Tuesday.

 

[army judge]

If they change your locks, that is an illegal lockout.

You can sue him, if he's that stupid.

You can also remove his illegal locks.

I'd report it to the police, first.

If he causes a breach of the peace, call the police.

 

[kathy29]

Thankyou for all your help I am hoping everything goes peacefully but you never know. But thank you I really appreciate all your help and advice.

 

[kathy29]

Well I guess we were all wrong, the owner/landlord changed the locks got verbal with myself in front of a officer and took some of my belongings hostage demanding more money. In the end they were told to return my things leave the premises and we are going to be going to court over this. I can't believe that they would do such things! I did get most of my belongings returned but we are still going to court for the illegal lock out stolen items and the verbal incident in front of my children

 

[army judge]

People make their own trouble.

Your landlord is an idiot.

Stick it to him!!!!

Well I guess we were all wrong, the owner/landlord changed the locks got verbal with myself in front of a officer and took some of my belongings hostage demanding more money. In the end they were told to return my things leave the premises and we are going to be going to court over this. I can't believe that they would do such things! I did get most of my belongings returned but we are still going to court for the illegal lock out stolen items and the verbal incident in front of my children