tenent seeking much needed advice!! HELP!

[qybate]

My name is Sara, I just received a surprising eviction notice last night on my door when i got home. I then called my landlord, who said the reasoning for the eviction is because he has to live here because he is having problems at home. I then called him today and told him I would be out by Friday, as the notice says I can leave now until March 31st. He then said "the lease is until march 31st you can not leave yet" There is no lease, it's a month to month agreement, which i just read thoroughly. I then mentioned my security deposit and that I will need it when I leave because that's what I'm using to move. He then said I will get it in April sometime. I told him his letter says I can move anytime between now until March 31st, and my rental agreement says I get my deposit back when I move. What he's saying is completely different than what is on paper, with his signature right under it. So my question is:: Is what he doing legal? and, Should I take legal action against him?

It really just seems as if he doesn't have my money, and that he needs my to stay for March so he gets the rent. In my eyes, he clearly didn't think this threw before he evicted me and my family.

 

[army judge]

He's an idiot and a scoundrel.
He can't evict you.
Only a judge can evict you.
He can ask you to leave.
You can comply, or say, "No thank you, I'm not leaving!"
He would then have to file an eviction proceeding before the court.

That process takes six to eight weeks to draw to a close.
If a judge orders your eviction, you'll be given another 48-72 hours to leave or the sheriff will remove you.

So, here's what I'd do.
I'd say, if you want me out by Friday (fill in the date and day), give me $500 and my entire security deposit by Thursday at 5:00pm in cash. If I don't have it, you're free to try and evict me. But, be advised, I have my rent and will pay you in open court.

Good luck.

 

[mightymoose]

Your landlord can certainly end the lease agreement, but has to give proper notice to do so.... likely 30-60 days.
As mentioned above, he is being a moron and you are under no obligation to comply with his request. Don't let him inconvenience you. He can find somewhere else to stay.

Yes, you do have a lease. Your month to month agreement is a typical lease. You must provide 30 days notice if you are going to move out, however if he orders you out you can circumvent that- but you do not have to move out just because he says so.

Do yourself a favor and save any of these documents he gives you.

Your security deposit is supposed to be sitting in a bank account. He is not obligated to return it to you until a few weeks after you move out. Don't count on getting it for moving expenses.

At any rate- you have not been evicted. All that happened is that a crazy person left a note on your door.