Person being evicted for non-payment. There wasnt ever a lease,landlord had been taking "minor payments", at this point for this year person served papers is 3,000 behind (THIS YR-not counting last yr). Communication has been present btw landlord and tennant. Landlord is calling the persons place of employment asking for wages and if direct deposit is in effect-(is this legal?). I am not sure if laws differ from state to state but this is for NC.. The person has had the apt for 4yrs,and alittle more info - the landlords daughter is a judge..so please help with viable feedback..so that i can try to help as well.
Thanks to all that offer help
2006-08-22 02:15:50 · 5 answers · asked by Quasi 5 in Business & Finance ➔ Renting & Real Estate
I forgot something..not only wasnt there ever a lease.. all pmts were made in CASH so any pmts will be based on the landlords records.. and he never gave recpts from my understanding.
2006-08-22 02:18:18 · update #1
Also the person served the eviction papers does NOT want to go to court.. what will happen then?
2006-08-22 02:23:13 · update #2
I don't know how it works where you live, but here if the landlord accepts cash and does NOT give receipts, then they take the tenants word over the landlords. The fact that they don't give receipts makes their ledger a self-serving document, which is worthless in court. It has no credibility.
Landlords are not allowed to call employers and ask for wages and direct deposit information. That's harassment.
Non-payment of rent has nothing to do with a lease. A tenant is responsible for rent, lease or no lease. The length of time the tenant has been there makes no difference either.
Non-payment of rent is pretty simple. The tenant either pays rent or is evicted. The only thing complicating your situation is the fact that the landlord does not give receipts for cash. This could work against the landlord. It may also be against the law.
If the tenant does not show up in court there is a default judgement entered in favor of the landlord. If the landlord does not show up, the complaint is dismissed.
2006-08-22 02:36:09 · answer #1 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
In almost any state, a collector is not allowed to call the person's work. It is up to a judge to determine garnishment. This person just bent over willingly, didn't they? No lease, no receipts. BOHICA.
This person needs to be prepared to move and will now have an eviction judgment on their credit. It might turn out not as bad because there wasn't a lease. Have the person get copies of utility bills in their name for that address to prove residency (going as far back as possible.) The landlord cannot have the case heard by a relative, so that will help. But definitely consult a legal professional. This is messy for all parties.
Hope your friend wises up after this or finds someone to watch out for them.
2006-08-22 09:35:01 · answer #2 · answered by jiminycricket 3 · 0⤊ 0⤋
I'd take it as a learning experience, first off. :p Make sure you get receipts for payments, and make sure you have some sort of written agreement.
I would just be prepared to explain your situation. If you feel it necessary, you might want to look for an attorney. It's hard to say what will happen since you didn't have an agreement and don't have receipts, so you may want to emphasize the fact. If you're lucky, it will be dismissed due to lack of payment records and an agreement...
Edit: If you're not wanting to go to court, the ruling will most likely be against you. You would then be stuck with the charges and would have to move. It'd probably be in your best interests to at least show up.
2006-08-22 09:24:20 · answer #3 · answered by iamrobbiew 1 · 0⤊ 0⤋
without paper work the tenant is so screwed it isn't even funny.
2006-08-22 11:17:18 · answer #4 · answered by David L 2 · 0⤊ 0⤋
Be prepared to move!
2006-08-22 09:22:43 · answer #5 · answered by KIMBO 4 · 0⤊ 0⤋