Me,my landlords.the barangay captain and her secretary..,had made a written aggreement..,which we sign..,stating in the aggreement "whithin 1 month..,i must move out from my landlord house rental"..,now my question is..,what if i can't do that aggreement..,is there a law that i violated?
plz i nid to know about this..,i don't like to get int jail.
2006-09-22
02:58:36
·
9 answers
·
asked by
Anonymous
in
Politics & Government
➔ Law & Ethics
i assume u live in USA.
Eviction is a legal process by which a landlord forces a tenant or other occupant to move out of the landlord's property involuntarily and usually permanently. Legal terms for eviction include summary possession, unlawful detainer, and forcible detainer. Eviction is a modern legal process that is governed by statute. Ejectment is the common-law equivalent. State legislatures have created eviction processes largely to speed up the slow process of a common-law ejectment suit. The traditional, extra-judicial remedy of distress for rent--whereby a landlord could forcibly remove a tenant from the property--is now abolished in most states.
In most areas, landlords can evict tenants at the end of a lease term without cause. In other areas, and in most Section 8 subsidized housing leases, there are just cause eviction controls, or "just cause" laws, which require that a landlord have a valid reason for eviction, such as nonpayment of rent or damaging the property.
The requirement of notice also varies; in some areas, landlords must serve the tenant with eviction process or post an official eviction notice on the property a certain number of days before the tenant can be forced off the property. In some areas the landlord must get the sherriff to post this notice.
Most jurisdictions require the landlord to obtain a court order--usually called a writ of eviction before a tenant can be evicted. This usually involves filing a lawsuit in the local housing court, which is then heard by a judge, magistrate, or referee. If the landlord is found to have a just cause for eviction, the tenant is given a specified number of days in which to move. If he fails to do so, some jurisdictions allow the landlord to take possession immediately, while others require a peace officer (sheriff, bailiff, or police officer) to be present for the move-out. Some jurisdictions allow a second claim for money damages to be included with the claim for restitution of the property. The second claim is often heard at a separate trial sometime later than the claim for restitution of the property.
Eviction law varies widely from state to state in the US, and sometimes county to county or city to city. Any landlord faced with a tenant they must evict, or any tenant faced with the threat of eviction, should seek legal counsel to determine the practice in their community and their respective rights and obligations.
if your landlord cannot prove just cause or your lease is not up then she cannot force you to move. even if u signed a piece of paper. you were not advised by a lawyer or legal council of your rights therefore it is inadmissable. tell her she has to give you more time or she will have to take you to court which will take months and the judge may decide u get 3 months notice if she has a good reason. don't sweat it the law is on your side!!!
hope this helps
2006-09-22 04:38:53
·
answer #1
·
answered by juan_yong 4
·
0⤊
2⤋
You would be "in breach of contract." This is not a criminal offense to send you to jail, but you would be open to a civil law suit where you would be fined money.
If there are circumstances that will prevent you from fulfilling your part of the contract, you need to communicate with the other party. If you can show them you are making a "good faith effort" to do your part, then they may have mercy and give you more time. It will also make it harder to successfully sue you.
Since this category is Law & Ethics, a comment about ethics is in order. Remember that a contract is a promise between you and them. Keep your promise if at all possible. If you try to keep it but fail, don't be arrogant about it. If you fail to keep your promise, you are in the wrong. Be humble.
2006-09-22 03:09:23
·
answer #2
·
answered by crgrier 4
·
0⤊
0⤋
until eventually there has been a situation along with your leaving some risky device on- NO! He can no longer enter your position of residing without your permission. once you employ, technically through regulation, it really is your domicile- no longer his... even if if he's the rightful proprietor. until eventually there change into an quite water leak from a burst pipe or a hearth had all started by using an electric powered short he's not to enter your domicile in any respect without your permission. i do not understand if it will be nicely worth taking him to courtroom. He would nicely be shown to be interior the incorrect yet you'll more beneficial than probable no longer get any repayment even if in case you win. you nonetheless ought to pay for a lawyer besides. i'd get a video digicam and set it up at your residence someplace the position your landlord received't see it and record his trespass. that would furnish you with somewhat more beneficial clout and also you'll use it adversarial to him if necessary. i'd see if there's a landlord/tenant affiliation on your section and produce this to them. they're going to slap him back in line. desire this enables and performance an spectacular day!!!
2016-10-16 01:47:11
·
answer #3
·
answered by christler 4
·
0⤊
0⤋
you would be in breach of contract. this is not a criminal infraction, so there is NO chance of jail.
if you've been there long enough to establish yourself as a tenant...they'll have to formally evict you to get you to leave. This can take up to a few months. they CANNOT throw you out on the street without a formal eviction. You will be responsible for reasonable rent (not whatever they want to charge you) for anytime you remain in the residence.
breaches of contract happen everyday...try to smooth it over and let them know you situation. if they are understanding people, they'll be willing to work it out...if not, they can play hardball....let them evict you....you may be able to move before the eviction process is complete. it buys you some time.
2006-09-22 03:39:51
·
answer #4
·
answered by ladylawyer26 3
·
0⤊
0⤋
You would be in violation of a contract. Should that contact be held valid. Imagine how many more prisons would be needed if everyone that violated contract was put in jail.
2006-09-22 03:07:26
·
answer #5
·
answered by Mister2-15-2 7
·
1⤊
0⤋
yes. You signed a contract saying you will be out in one month. You better get out or talk to your landlord.
2006-09-22 03:07:23
·
answer #6
·
answered by Anonymous
·
0⤊
0⤋
You should not have to go to jail. They might be able to charge you what they want, and you will have to pay up, or go to court over the money they want. Do to the fact you did not get out.
2006-09-22 03:07:00
·
answer #7
·
answered by pepper_y2k 3
·
0⤊
0⤋
Breach of contract
2006-09-22 03:02:32
·
answer #8
·
answered by rockinout 4
·
0⤊
0⤋
Breach of contract. Don't make promises you can't keep.
2006-09-22 03:08:33
·
answer #9
·
answered by Zelda 6
·
0⤊
0⤋