How can my landlord evict me for non-payment for complete rent even if I do plan on paying him, just need 2 mo

Question

He put a vacate notice on my door and told me to vacate within 3 days if I couldn't pay him all the rent. I never received a copy of my 1 page agreement/lease with him. Apartment is privately owned, and has roaches, wiring problems in kitchen, kitchen has short in electricity and flickers on and off. Originally had roomate, she moved and stuck me w/all rent.

Answer 1

If you do not have a lease, you are considered a tenant at large with 30day notice required. Your landlord must also service proper papers based on the state you live in. He will have to take you to court, get a notice to vacate, etc et. He cannot make you leave in 3 days. However, your issues with habitability are another matter. You need to find out how your state handles this. This does not exonerate you from paying the rent. Go to a search program and research tenents rights for the state in which you live.
Every state has a website that covers this. You can usually get free legal advice if you are being evicted.

Answer 2

Depending on where you live, you may have more rights than your landlord is willing to admit. In Arkansas, they have to give you one complete month's notice. So, if they evict you on Oct 7th, you have until the end of November to vacate the premises. Now, that won't make then very happy, because they want someone in there paying rent. And, they do have the right to evict you, but they can't force you out in 3 days. Legally, you are in violation of your lease agreement. You should check your states law (call a lawyer, or in my case we were close to a University Law school that gave free advice to students) and find out what your rights are. The landlord won't be very supportive of more time, and they do not have to give you the option to keep living there, but most laws are designed to protect the tennant from creep landlords. 3 days is not very reasonable. The landlord tried to evict me, and was not very nice about it. They even threatened to have the sherrif remove my property. After I quoted the law, they changed their tune quite a bit.

All of the other circumstances do not really matter (roaches, bad wiring, roommate that moved out) unless the roommate's name is on the lease too. Then, they are legally required to come up with half the rent. That won't be a factor unless the landlord sues you over back rent, in which they will name the roommate as a co-defendant.

Answer 3

Ok, so yes, this sucks. Your landlord does have the right to give you a 3 day pay or leave notice. However, you need to take clear pictures of the apartment and the condition that it is in. Have you called him to repair any of this? If so, you should have, or now go back and, document every call, letter, email etc. His negligence could be an out for you.

You should probably seek out the advice of an attorney. If you do not have a family friend that is an attorney, find one to take your case for free, or little to no charge since this is a civil suit.

Either way, you are probably moving in the next couple days so start packing and make sure you document EVERYTHING!

Good luck and sorry you got screwed by a roommate. It's the worst part of living with one. Next time, be wary of living with someone withour having a written agreement between your party and the landlord, as well as a simple contract between you and new roommate. I can assure you this will allow friends to remain friends.

Answer 4

Laws very by state,you need to have a copy of your lease,not having it dose not give you the right to be late,did you read it before signing it?Even if you didn't read it you're screwed,never sign without reading something.Generally you are bound by what the lease says,partial rent is not usually acceptable and you can be given a 3 or 5 day notice to pay or quit.If you cant pay now you could wait until you have a legal eviction notice from the courts,plead your case and make arrangements thru the system.The problems in the apartment are a separate issue,there are ways to not pay in these cases but you need to follow protocol for that as well.If your roommate is on the lease as well they are responsible for their portion,however you may need to take them to court.You really need to check in your state for landlord/tenant laws

Answer 5

Using the U.S. post office, with certification, send your landlord a letter describing the issues with essential services :

1) Electricity problems
2) Plumbing (Hot / Cold water, drainage, leaks, etc)
3) Roof (leaks, cracks)

This will allow you to have a hearing with a judge regarding the lack of sustaining a living condition for a tenant.

He can't kick you out after the three days if you tell him you want a hearing with a judge regarding the letter you sent him.

You need to state in the letter that you are holding the rent due to the issues stated on certified letter.

This will halt the 72 hour eviction and allow you 20-60 days to go to a judge. It will also piss your landlord off.

The law is different from state to state, county to county and city to city. Research on the internet, try your local university resources for student. Student always have difficulty with housing, and the universities generally have resources to help them.


GOOD LUCK !!!!!!!!!!!

More Here :

http://www.ospirg.org/OR.asp?id2=4696&id3=OR

Answer 6

depends on what state you live in because rentors rights vary by state....if you live in california...then it take a hell of alot longer than 3 days to make someone vacate a residence...more like 3 months and as long as the tenant is making partial payment with the intent to pay as much as possible it takes even more time for the rentor to get the renter evicted...unless you are served with an official court approved eviction notice, then whatever notice he gave you is technically simply a request, rather than a court mandate.

Answer 7

Usually if the rent is paid monthly you should get 1 month notice not three days.

Get a copy of the lease agreement.

If it has all those problems, why do you live there ?

Answer 8

Are you behind on your rent?
A legal eviction takes 30 days in most states.
If your name is on the lease you are responsible.
Why should he trust you.
And you should have a gotten a copy of your lease before you moved in .

Answer 9

The law.

Usually, non-payment of rent is the easiest premise for a landlord to get back his/her property and rent it to someone else.

Answer 10

he can not give you 3 days to leave..by law it is 30 days.....you need to call your local code enforcement officer to report the things wrong with the apartment and he will tell you your next step in filing an appeal in the eviction.......good luck....