My apartment left an eviction notice on my apartment door saying I had to be out of my apartment in 30 days, because she said that I had unauthorized persons living with me, which is NOT true at all!! What should I do? She is not going to put me out of my apartment cause of a LIE!!...No One has never lived in my apt.. But me and my daughter.
2006-09-21 02:30:53 · 21 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
find a new apartment
2006-09-21 02:34:20 · answer #1 · answered by Anonymous · 1⤊ 1⤋
Well first you need to plead your case with management. It should say on your notice that you have X amount of days to discuss this. In my state it is 10 days. Have you received any notices prior to the eviction notice? Was the notice issued by their attorney? If it was only issued by management then after the 30 days they will have to turn it over to legal to actually evict. Most people don't know this and leave within the 30 days, it is a cheap bluff on management's part. BUT if it is turned over and they get an eviction then you will be responsible for attorney cost. Anyway, you really need to find out on what grounds they have evidence of the unauthorized household members. It may be statements from neighbors or staff seeing people over. Do you have alot of visitors that may stay overnight? Could it be a boyfriend that may stay 3-4 nights a week? There is a fine line between overnight guests and household members. You may say no and they might say yes. It would be an issue for a judge to decide and if it went that far remember that residents have the benefit of the doubt. Talk to your management and see what exactly it is and if it is a person that spends alot of time there then my advice is cut back on it and assure them that this will not be a problem. If you are otherwise a good resident with rent up to date, no complaints, and they enjoy having you there; then the last thing they want is to lose a resident. They very well could be hoping the situation can be remedied w/out eviction but they must send the notice to inform you.
2006-09-21 02:51:17 · answer #2 · answered by Anonymous · 1⤊ 0⤋
If you refuse to leave, she will have to take legal action. You can then go to court and defend yourself. Make sure you answer each and every piece of paper you are given. Write a response to this eviction notice and send it by certified mail.
write it when you are calmed down; keep it business-like - no 4-letter words - and professional. State your case clearly. She is mistaken and you are being wrongfully evicted. She will see she is in for a fight. Judges don't like evicting tenants. If you get served with papers, read them well and submit your response to the appropriate parties on the papers. If and when you go to court, dress conservatively, stay calm and strong. Never let the b--ch see you nervous! Stand up for yourself and be strong. You obviously have pissed off a neighbor or something - someone is causing problems for you, so lay low and don't make a lot of noise at night if that is the problem. The burden of proof is on her and her only weapon in court is a disgruntled neighbor. Be sure to have a plan B in your pocket. If the judge rules in her favor, you will probably have another 30 days after the court date to move. If you get an attorney, or even if you can do it yourself, try to get the court date postponed, "continued", at least once to buy more time. Do your homework on this. Plan B says to find somewhere else to live. Perhaps somewhere where the neighbors are not so nosey.
2006-09-21 02:44:53 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Do you have a friend that spends the night? If he or she spends more than 2 nights a week, the landlord can consider that they are living there. You can try talking with your landlord and see what she has to say, but when you get a 30 day notice put on your door, you will have to leave. You can buy yourself time, by not moving. Your landlords next step will be to file to have you removed through a Distrist Judge. That judge will give you another 30 days. In the meantime you still have to pay your rent or the landlord will sue for it and you won't get your security back.
A landlord in my state (PA) has 30 days to return your security so don't count on it to pay your next security.
2006-09-21 02:45:52 · answer #4 · answered by Classy Granny 7 · 1⤊ 0⤋
First thing you should is review your lease for any limitations for guests or occupants she is referring to in the eviction notice. Then provide documentation to her (her landlord) supporting the fact that the person is not residing in your apartment. Make sure your lease has provisions for overnight guests etc. If this fails to resolve the matter contact equal housing or an attorney or obey the eviction notice. If this person is permanent occupant or stays over on a regular basis renegotiate your lease and have them pay the extra rent monthly.
2006-09-21 02:42:46 · answer #5 · answered by R R 1 · 1⤊ 0⤋
I will go against the grain here and say to just move. Fighting to stay is rarely a good idea as all you do is end up spending money and even if you win you now have a landlord who is pissed off and will go out of their way to make your life hell.
If you insist you will need to take the landlord to court and dispute the eviction notice.
2006-09-21 03:14:32 · answer #6 · answered by Jim R 5 · 0⤊ 0⤋
Not sure what your state laws are, but she just can't put a notice on your door and evict you. She has to go to court and have a hearing to have an eviction notice. Now if you skipped the court hearing, it defaults to the landlord and you have no choices. But if there was no court hearing, then she doesn't have a leg to stand on.
2006-09-21 02:40:39 · answer #7 · answered by Midwest guy 4 · 0⤊ 1⤋
Why don't you go and ask the landlord? Maybe there was a mistake? Maybe someone else in the building reported you, and THEY are lying? Try talking to the landlord first, then...
You can also check with your city attorney, who may have more information on landlord/tenant rights. You can usually get a consultation with the city attorney for free.
2006-09-21 02:39:38 · answer #8 · answered by Anonymous · 1⤊ 0⤋
Get a criminal specialist at present, or as son as available. in case your daughter performs her song too loudly, it truly is valid grounds for eviction. in case you owe back employ or back prices, it truly is valid grounds for eviction. there is not any criminal requirement for the owner to inform you you're late on the employ, you're meant to save song of your costs your self. do not opt to sound like a confusing case, I have distinct sympathy on your difficulty - yet there are 2 aspects to each tale and we are no longer getting the different aspect so i will;t truly make any judgment call the following with out finished advice. you want a criminal specialist ASAP.
2016-11-23 12:50:20 · answer #9 · answered by wanamaker 4 · 0⤊ 0⤋
Ask who the alleged unauthorized person(s) are. Demonstrate that they do not live there (proof of residence somewhere else, mainly), but I would be prepared to go to court and attempt to prove them wrong.
2006-09-21 03:43:54 · answer #10 · answered by kingstubborn 6 · 0⤊ 0⤋
Talk to them and see why they think that you have someone living with you. Do you have a boyfriend staying with you? I don't know if they have to have proof or not to evict you for that. Go see a Reat Estate attorney and ask them. They usually don't charge to answer questions.
2006-09-21 02:42:22 · answer #11 · answered by jdecorse25 5 · 1⤊ 0⤋