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wrongfull eviction

Discussion in 'Other Residential Landlord & Tenant Issues' started by kmx_, Jun 5, 2005.

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  1. kmx_

    kmx_ Law Topic Starter New Member

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    My landlord states that he had to file a chapter 13 bankruptcy recently because the woman he just broke up with a month ago kicked him out and took all of his money from his account. Upon investigation I have found out that the bankruptcy was filed in June of 04. He is telling me that chapter 13 requires him to live in his residence and therefore he can't rent to me any longer.He has given me 30 days notice on a voice mail not in writing, but today I was given a (Quit). I've only been there 1 month and I have paid all money due on time. I have a signed lease with no (termination clause) of any kind, and have given him no reason to evict. I heard from a nieghbor that The tenants before me only lived there for 2 months and left, but they were not sure why. Could he have done this before?
    Is there a Bankruptcy law that can let him do this, or is he just trying to bluff me so he can have his house back? I feel my 1 year contract is my trump card, And I plan on playing it.
     
  2. charlesesq

    charlesesq New Member

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    That is a good queston. The house was obviously not his residence since he was renting it to you and living elsewhere. Bankruptcy filed a year ago? Makes you wonder. Just because he gives you a notice to Quit doesn't mean that you are required to comply with it. Regardless, it will take him a while to evict you. If you go to court and have your lease and he can't provide any notice to the court that he has given you that gives him the right to evict you then he will never go to court.
     
  3. dungsorter

    dungsorter New Member

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    He does not have a right to evict you. In most states you can only be evict for non-payment of rent or a breach of the lease agreement. If he evits you he does not have any cause. Make sure you have proof of rent, best to get a money order or a bank check. What some landlord do is refuse to take rent and than evict you for non-payment. When you go to pay your rent make sure you have a witness that will testify that you tendered you rent to the landlord but the landlord refused to take it. Make sure you do not spend your rent. At some point the court will require you to pay the rent and you have to have it or else you will get evicted. If for some reason your landlord wants you out and you are willing to go, make him pay you for the lease. 10 to 35% of the value of the lease is reasonable (months left of the lease times the monthly amount). If he tries to put you out or changes the locks, call the police. MOst every state has laws against self help eviction and most states have a penalty for doing so. In Fl it is three times the rent. You may be able to get help from your local legal services program or legal aid.
     

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