does our landlord have the right to evict?

Question

since my husband has been out of work we got behind on the rent , he is working now , but we are only 7 days behind , don't we have to be at least 30 days behind before he can start eviction procidings?

yes we have a lease and the only thing in there about early termination or other is that i cannot terminate the lease early , but it has nothing in ther about eviction or early termination on his part , and no we have never been behind before this is the first time , but for some reason today he ask me if we really wanted to stay and we have never given him any reason that we did'nt

Answer 1

According to your 360, I'm assuming that you still live in Georgia. I found a website that had some information on it that you might check out. Hope it helps!

Answer 2

Wow!
I think if you take the common thread(s) from all the other replies here, you might have your answer.
State laws differ - thusly so would 20 or 30 days notice.
I can offer some tidbits (some not very thorough) from a book I'm looking at right now (see Source below)...

"By far the most common cause for eviction is nonpayment of rent. If a tenant does not pay the rent, or if the tenant pays it late or pays less than is due, the landlord may evict the tenant.The eviction process often starts upon short notice (usually three days, though it varies among the states).
The tenant usually must receive notice of the landlord's plan to start a legal eviction before the landlord files a complaint with the court. This notice normally must be in writing. The period of the notice varies with the reason for the eviction. If the landlord is seeking eviction because of unpaid rent, the tenant often may avoid the eviction by paying the rent during the notice period.
In almost all states, only the courts may evict a tenant. Every state has laws covering eviction.
How long might an eviction take? From the day the tenant receives the landlord's notice of eviction to the day the officer of the court (often a sheriff) arrives to put the tenant on the street may take as little as three weeks. Often, however, eviction takes two or three months, or more...."

It has been my experience - and my belief - that if you let the other party know what's going on, what the situation is, they will be more likely to work with you. It's when they don't know, that they start taking action.

Answer 3

I found this

12. Can the owner sue to evict me?

Yes. In some cases, the owner can sue whether your rental agreement is a lease or a month-to-month rental agreement.

If you have a lease, the owner can try to evict you for such reasons as not paying your rent, violating your rental agreement, or creating a nuisance. In these cases, the owner must give you the appropriate 3-day written notice to move before suing to evict you. The owner also might sue to evict you if you break part of the agreement—or if you are asked to leave when your lease runs out and you refuse to do so.

If you have a month-to-month rental agreement and do not live in a unit that is subject to rent control, the owner can give you a written notice to move out even if you have not done anything wrong. If you have lived there for one year or less, you must get a 30-day notice. If you have lived there for more than a year, you must get a 60-day notice.

Although you are responsible for paying rent during the notice period, if the landlord accepts rent from you to cover a period of time after the notice expires, the landlord has waived the notice. For more information on your particular situation, you may want to talk to a lawyer.

If you do not move within that time, the owner can sue to evict you. In some communities, however, you can only be evicted if you have done something wrong (like not paying rent, breaking rules or doing something illegal).

In order to have you evicted, the owner must go to court. The suit against you is called an “unlawful detainer” action.

Here is how an eviction suit starts. After you receive either a 3-day, 30-day or 60-day notice and that time has passed, the owner will send you a “complaint.”

This is a document stating that you are being sued. You have five days—including weekends—to reply to the complaint. You also will receive a “summons,” which tells you when and where to respond. You must reply to the complaint in writing, using the proper court forms. If you do not, the case probably will be decided in the owner’s favor.

To try avoiding a lawsuit, you might suggest “mediation.” This means that a “neutral third party”—someone who has nothing to do with the problem—will try to help you and the owner settle your differences.

To locate a mediation program in your area, visit the state Department of Consumer Affairs’ Web site at www.dca.ca.gov and check the department’s online directory of dispute resolution programs. Or you could contact the department’s dispute resolution coordinator at 916-322-5254 for a referral to a local program.

http://calbar.ca.gov/state/calbar/calbar_generic.jsp?sCategoryPath=/Home/Public+Services/Consumer+Information/Pamphlets&sImagePath=Rent.gif&sCatHtmlPath=html/Pamphlets_Rent.html&sFileType=HTML&sHeading=Rent#rent9

Answer 4

You are correct, he can threaten to evict all day long but you would still have 30 days to get out. He can not toss you out on the street...I know this because when we rented years ago our landlord would threaten this for every little thing we did (working on our car outside our duplex..ooh, that is so evil isn't it..how did we ever get away with that) I read everything I could on tenant laws. Educate yourself, then do like we did, move without giving notice since we never signed a lease we could do whatever the heck we wanted and boy did we. The day we were moving the landlord came home and asked what we were doing, we said moving. He said we had to give notice and we said, we did not sign anything so no we do not! Stand up for yourself to the landlord. Pay the rent but rest assured he can not toss you out.

Answer 5

Not at all. You should have made arrangements with your landlord for payment. Sounds like you didn't He can start eviction procedings immediately; you're luck you have the weekend to figure it out.
The unfortunate truth is that you've signed a binding contract and you are responsible for the rent, usually within the first five days of the month.
Once he has filed for eviction, you have 48-72 hours to vacate before they "lockout". This means the sheriff accompanys a locksmith and they lock you out; and eventually bid off your personal items.
Make an arrangement with your landlord, an eviction looks real bad on ur tenant history; and will make it harder for you to buy a home in the future.

Answer 6

Breath! Your landlord is attempting to scare you! You have a lease and although you are only seven days late with your payment he is using your fear of eviction to badger you. Call an attorney if you are being harassed. Now that your guy is back to work it is only a matter of time before you get caught up. Sit down with your husband and write a letter to your landlord and give him a reasonable time frame for payment of back rent. Keep this date! One thing that really sends a landlord over the edge is being ignored. However, have that letter notarized before giving it to him. Send it through the mail as well as giving him one in person. When you send it through the mail be sure to send it with a return signature request card. If he continues to call daily for his money or stop by, calmly remind him you are doing your best and he or she will be paid in full on the assigned date. Thank him for his time and step away. Don't argue and don't get mad. He is angry because he wants his money and knows that it will take him at least 60 days to remove you from the property. This will be a problem of more money on his part should he try this because of court costs. Good Luck!

Answer 7

Try reviewing your contract and then make a personal appear to your landlord. Some landlord are not really hard to talk to. Make a promise you can afford to do. If it's a no from your landlord, then look for help from your city council regarding tenant law or any possibility of help from the county regarding your situation. Since you said your husband has a job now maybe you can ask for some consideration from the landlord to divide the late payments on while you start paying the regular rent on time. Tell the landlord honestly about what actually happened.

Answer 8

NO.... He has no right to evict you if you are always on time and you have a job. The only thing he can really do is give you a late fee which is 35 dollars in my state. I mean if it was like 2 to 3 months and you havent paid or talked to him then I could see it. Most of the land lords are lenient. Just keep up contact and start a nest egg just incase something else happens. Then you have a little bit of a back fall. That is what we do, I lost my job and it helped out alot with a new baby! He makes most of the money though so my job was just to help with savings and such. I hope this helps out!

Answer 9

It depends entirely if you're a monthly renter with a lease agreement or if you rent week to week.

Best advice? What does your lease say? Read it

In Florida:

Any time you violate a "lease" or any contract action is allowed to be taken. Since it is the 15th of the month, you say you're only 7 days behind, your grace period to pay rent does not count, most leases are due on the 1st of the month and with a grace period of typically 5 days.....however the court doesn't count your grace period, and neither does your landlord and was he aware of the situation? It is best to communicate with him and if you're good tenants I'm sure he'd work with you, if you're loud, obnoxious tenants don't expect sympathy.


In Florida, you get a 3 day notice to pay rent and then at that time a landlord can file an eviction proceeding. an eviction, it costs your landlord money now has he started the eviction? Or has he just threatened to do it? Once an eviction is started you'll receive legal notice of it by a process server who will supeona {sp?} you notifying you of the suit and a date to respond by.

Unless you're on a week to week lease then he only needs to say he wants you out.... "weekly" renters do not have the same rights as monthly renters.

Answer 10

It all depends on your state laws and lease/rental agreement ((if you have one)).

My lease started as a 1 year lease, now it is a month to month. We are required to pay our rent on the 1st of the month, charged a $15 late fee as of the 6th, and eviction 'notice' after 15 days delinquent.

Most all landlords will give a 5 day grace period, so if it is due on the 1st... it's still on time as long as it's post-dated or received by the 5th. I'd think most states require them to serve you, legally, with an actual eviction notice. My state will also allow you 30 days from the court date if you have children.

Answer 11

Best thing to do is go talk with your landlord. Explain the situation and ask for leniency and the landlord may work with you and your husband.
If they will not work with you, save your money while they take out the eviction notice, find another place to live and start over. If the landlord is that hard hearted, you don't need to stay there.
I am in SC. I had surgery last Oct. and was 3 weeks late, but I talked with landlord before it happened and she understood.
Good luck