How does the eviction process work? Timeline, probability of being kicked out, etc. A friend of mine just got an eviction notice because of an incident that happened this weekend. Can one incident of a neighbor calling the landlord to complain result in eviction? They are a little worried but the landlord said they could stay if they added more security deposit and payed him some more cash. Is this legal? A lot of questions but it is a little confusing and their landlord is a jackass.
2006-10-09 15:32:18 · 13 answers · asked by takeashot30 4 in Business & Finance ➔ Renting & Real Estate
Colorado, and I am guessing a year lease, haven't heard of anything else. Yes, police were called (I was there) but no tickets.
2006-10-09 15:46:21 · update #1
cops broke up a party
2006-10-09 15:47:35 · update #2
Being a former apartment manager, I can say this is something that I would have NEVER dared attempt. Telling someone that they could stay for more security deposit and more cash. Yes, one incident can result in an eviction. The tenant has a responsibility to abide by the lease and rules of the complex. The owner also has a responsibility in taking care of maintenance, and up keep of the property.
One thing you did not mention is if the friend is under lease or not. Even if he isn't, he still has a responsibility to live up to the conditions of the lease and to abide by the rules of the complex.
The eviction process, first a notice should be given stating the reason the demand of property is being given and the amount of time the tenant is being given to vacate the property. I know of 24 hour notices and 3 day notices. If at the end of the time given on the notice, the tenant has not vacated the property.
The owner or owner's agent cango to the court house and file a petition to vacate with the court. A sheriff's officer will deliver the papers from the court to the tenant. Both tenant and owner or owner's agent should show up at court. If the tenant does not show up, the owner will win the case. The tenant needs to be there to speak for himself in the matter.
If the judge grants the eviction, the tenant will again be served with papers from the court,by the sheriff's office as to when to be out of the apartment. If tenant does not vacate by that time, the owner can go back to court, get an order to set the tenant out. That involves moving everything the tenant owns to the curb. They do not have to pack it up, things can be stuffed in trash bags in necessary. All the officer and the people moving the stuff are interested in, is getting the stuff out and reclaiming the property. Once the tenant's belongings are out (tenant too if he is there on the property) the owner or owner's agent will most likely change the locks on the doors in case the tenant hasn't turned in the keys or there is a fear that there is copies.
Once the tenant's things are on the curb, the property has no responsibility to the tenant if something happens.
So, please be careful. I would suggest that a no one ever give cash as payment for rent. Get a money order or use a personal check to pay rent. That way, you not only have a rent reciept from the office where payment was made, but you have the money order copy or the cancelled check.
One thing I should mention. Not all states have the same laws. So try to check with someone if you are in doubt. If there are any notices take them with you. All notices you get are proof...not just your word. Written notices hold up much better in court than just words. Good luck. Hope this has helped a little.
2006-10-09 17:00:36 · answer #1 · answered by grandmaL 3 · 1⤊ 0⤋
Something doesn't sound right here! Your friend must've been doing something extremely annoying for one complaint from a neighbor to elicit an eviction notice! Generally a landlord may have a no-tolerance policy, but even so will give a tenant the benefit of the doubt and present a written warning that he/she may be evicted if complaints continue.
In any case, if your friend has a lease - this is a legally binding document, and the landlord cannot threaten eviction, raise rent, or raise the security deposit without due cause AND evidence (such as a police report, repair bills due to unusual damage, etc).
Run a search on your state government website for "Tenant's rights"
On a related note, apartments are generally very poorly built. Because sound travels unobstructed through the thin walls, and especially between levels (floor to ceiling), if your having a party, playing music too loudly, fighting with your significant other, or enjoying that football game far too much the annoyed neighbors may just as well be in the room with you! This comes from personal experience, I have had a lot of noisy neighbors in various apartments (including a no-talent rock band that jammed late at night, a baby you could set your clock too as it screamed at exactly 3 a.m. every morning, and a large dude who sounded like an elephant walking around upstairs). Whatever the incident, please keep this in mind - your friend's neighbor probably isn't making his/her complaints purely in spite! Because you live so close to your neighbors, an apartment is not a good place for noisy activities!
2006-10-09 16:08:39 · answer #2 · answered by gshprd918 4 · 0⤊ 0⤋
You aren't very specific with what happened over the weekend. What type of notice was given a 3 day notice? Every state has different laws regarding eviction and then there is the lease issue, did they violate the lease? You look up your states laws on line and depending on the reason for the eviction notice you can become more informed. As far as paying more security deposit, if they created damages, they may be able to ask for the deposit to be brought back to the original amount. If they have a lease and it is in date, meaning they have 6 months left or whatever no they cannot ask for more rent. They have a signed contract for X amount of time and you just cant change it because you want to. I know this really doesn't answer all your question But I hope it helps ya. Regards KG
2006-10-09 15:45:07 · answer #3 · answered by kgreives 4 · 1⤊ 0⤋
first: landlord can not ask for a security deposit more then state statute outlines, so if the the landlord is asking for more then co allows its illegal
as to a party, no one was arrested, no tickets where issued, then call the landlord on it
for the landlord to evict he/she will have to serve your friends with notice of suit, outline the exact provision of the lease they violated and have proof of the violation if no police report hard to show proof , also the landlord probably does not want to evict now during the school year since all students have housing thus most likely he/she will not be able to find another tenant
Hence looking for extra cash
2006-10-09 16:38:24 · answer #4 · answered by goz1111 7 · 1⤊ 0⤋
The LL can evict you for any reason at any time, as long as they give the proscribed and sufficient notice.
You said an Incident occurred. What incident? Was there property damage? Was it a drug bust?
If the police make a drug related arrest, the LL will be fined about $5-10 Grand for harboring them.
If there was property damage because if the tenants, the LL has to protect his property and investment.
Under 1 year, you get a 30 day notice to quit. Over that, 60 days. If you don't pay rent, you usually get a 3 day notice to pay rent or "quit"... move out.
2006-10-09 15:44:01 · answer #5 · answered by Mazz 5 · 0⤊ 0⤋
Landlord is a jackass! With that said, if your friend has signed a lease, he's probably protected from such practices. If he's on a month-to-month basis, landlord can give a 30 day eviction notice at any time.
Check out the site below......may help answer some of your questions.
2006-10-09 15:38:31 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I have rental property... first... it is exstortion* for the landlord to ask for more money so your friend can stay there... the only way he could ask for money is... if your friend had caused damages that required repair at a cost to the landlord or other tenant... he can't ask for more money and just stick it in his pocket... giving more money has to have a purpose behind it... have your friend to ask him what the money is for and for the landlord to submit this request in writing... Next... The lease is the lease... there isn't a 3 times your out in a standard lease... if you violate any order within... landlord has the right to issue a 30 day notice... and because your friend violated the agreement... lets say for making lots of noise... once issued he has toleave... he will also lose his security deposit...
2006-10-09 15:46:18 · answer #7 · answered by Sandy 6 · 1⤊ 0⤋
alot of your questions depends on the state you live in, but normally eviction process takes about 30 days and must be presented to a judge, I dont know about the extra cash but the landlord can demand an additional deposit.
2006-10-09 15:36:51 · answer #8 · answered by Jade 2 · 0⤊ 0⤋
you've got alot of answers here but all really all depends on the laws covering yor area and how your court system works. Contact a local attorney, many will do an initial consultation for free. In my area I can have a tentant in court and an eviction ordered (writ of restitution) in 2 weeks. In a nearby city same state it takes 2 months. Someone from your area not just state needs to answer this for the best advice.
2006-10-09 18:22:58 · answer #9 · answered by lee t 1 · 0⤊ 0⤋
when you rent month to month that simply mean in the end of the month you or the owner can give 30 day notice to leave in the same time they can evict you any time they feel like it other meaning when you rent you are under the owner mercy and to make your life more miserable the law on there side so the best thing is pack your stuff and leave its better for you do not ever trust any landlord they are bab bad bad people
2006-10-09 15:41:48 · answer #10 · answered by jay 3 · 0⤊ 0⤋