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Unfair eviction notice on the basis of wrong information Eviction Defense

Discussion in 'Commercial Landlord & Tenant Issues' started by Guest, Mar 22, 2015.

  1. Guest

    Guest Law Topic Starter Guest

    I never thought I would ever have to deal with any such issues after being a good rule abiding renter since last so many years.
    My husband and I are living in this unit for last five years. We are expecting our first baby and
    I am 35 weeks pregnant. Our parents from across the sea have come here for help.

    Recently I had a maintenance request and one guy game over to fix it. I had not so good experience with him which I decided to ignore and not complain about to anybody. Soon after his visit we got a notice from our apartments office that we are living 4 adults and 2 kids which is more than the maximum limit of residents living in our design type unit. Either we move to a bigger unit or they will send us the eviction notice. I found it very intimidating specially at this time ( when the only thing I want to think about is my baby).
    I termed it as "wrong information base" because-
    1) at this point of time we are only 4 adults living in the apartment.
    2) there are NO kids in my place( whatsoever)
    I read the entire leasing document and I couldn't find anywhere mentioned the exact number( 4 adults or 2 adults and 2 kids) of maximum occupancy in our type of unit. Our parents are guests and they are not here forever.
    Their information is wrong and hence this notice.
    My concern is: 1) What should be my points to put forward in front of those people?
    2) I have seen my friends with two kids with their parents visiting them for months and no complaint has ever been filed. Then why us?
    How can I fight this?
    I do not want to move at this point of time. It will be too big a hassle for me.

    Please advise.
  2. army judge

    army judge Super Moderator

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    You can argue any of those points, it won't help.
    You need to read YOUR lease.
    You are likely limited to you and your spouse (or SO), who are named on yoru lease.
    No way to rebut that truth.
    You could try to discuss the matter with the property manager.
    He or she might excuse the current situation of you apologize, say you were helping out some friends who are out now, and won't return.
    The bigger problem is what the mere filing of an eviction has done to your ability to ever rent decent housing for a very long time, as in 20, maybe 30 years.
    Your name and information are probably already entered into the "DO NOT RENT" database that most decent rental properties use.
    This is PRECISELY why you should never let people stay in your home, if you're renting it.
    You get the axe, the moochers simply move on to mooch from another unsuspecting Samaritan.
    I wish you well.

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