Can a Landlord evict you without notice prior to your "intent to vacate" and then claim damages?

Question

We had filed a 30-day notice for an intent to vacate a premise, with an agreement on the remainder of the rent. some 5 days before the notice date we get a phone call from them saying "The waters been turned off, you have to turn your keys in now. you've been evicted from the premises." we went over to the premises to see if there was a notice or anything. Nothing. Turns out they were going in and out of our apartment in between our moving trips, and when they realized we'd transferred our service (which requires the water to be disconnected), decided that was enough to warrant evicting us. Now they're charging us over $800 (above and beyond the $350 deposit) for "Paint, cleaning floor tiles, a new toilet (that was reported broken to them months before, the reason we decided to vacate was because they weren't fixing anything.) .. In addition to, they've also added extra charges for "utilities" they needed to clean the aparatment. Is this legal to do?

Answer 1

Take your grievances and your lease agreement to a lawyer and ask someone who really knows the law. Not people on here who will only tell you what they would do. It might cost you some dollars to do that, but it could save you loads in the end.

Answer 2

I don't know what state you live in, but I hope that this answer helps.
Generally, a notice of eviction must be filed with a local court before the landlord can do anything. In PA that would be the local magistrate. Since that was, apparently, never done, the landlord cannot legally evict you, and has no claim to damages until after you have actually vacated the premises. I would suggest that you go to your magistrate's office to ask if this landlord has, in fact, filed an eviction. If he/she has not, they have definitely overstepped their boundry. Send them a certified return receipt letter telling them what you have discovered. Advise them that, if all charges are not immediately removed, you will seek legal council AND file for damages etc.

Answer 3

I don't know what state you are in, or if you are in the USA. But in the USA you CANNOT be evicted without having gone through the courts. As far as damages go, what happened to the toilet? They just don't break, without some knowledge of what they are claiming as damages it's a little hard to answer. Depending on how long you were there yes they can charge you to paint, but again without details its a little difficult. I know I'm not giving you much, but I have 23 properties so I do have knowledge of whats what. If you want I would be more than happy to give you more info, and any help I can. You can email me and maybe I can give you alittle more insight. Good Luck and Best Regards KG

Answer 4

In most states the landlord goes to the sheriffs office and pays them to give you an eviction notice. You have 30 days to get out.

If after the first 30 days you don't get out then the landlord has to retain a lawyer. The lawyer gets a court date. You go to court.

If the judge tells you to get out you will have another 30 days to get out.

.but you take the chance of the judge slapping you with criminal property damage and can make you pay thousands of dollars to the landlord for every day you were in the house plus the anguish you put him through and also the court costs.

Landlords are stuck with renters destroying their houses. Their least expensive route is small claims court. If the judge says you are innocent of damages you don't have to pay..if he says you are lible then pay and take better care of the next place.

..renters don't clean the carpets or paint the walls when they move..so it comes out of the deposit. ....also general cleaning and broken windows doors and toilets comes out of the deposit.

But if the landlord says there is extensive damage and wins the small claims court ..he will be able to sue you up to $3000 in most states. Then the judge will garnish your wages..

.So it's better to keep the house in good repair and would be cheaper to change the toilet and clean it good before he sues you.

Answer 5

Doesn't matter what the new contract says. You still have the old one signed that says it won't change. YOUR rent is fixed until that lease is up. He can however put the new lease in effect for NEW tenants. I suggest you look for a new place to live between now and when the current lease is up. This guy is shady and doesn't know how to run a proper business. I suggest consulting a lawyer over the phone what your options here are to prevent him from kicking you out illegally. As long as your rent is paid up. He has no legal leg to stand on.

Answer 6

Your landlord did a self-help eviction, which is illegal.

Find a lawyer who specializes in landlord/tenant law, and have them advise you. Even though you were moving, you are still entitled to damages.

Don't pay your landlord a cent, and when they don't return your deposit sue for it as it was wrongfully withheld. Most states allow you to sue for 2 to 3 times the amount of the deposit if it was wrongfully withheld.

Answer 7

Unfortunenantly, Yes you did'nt read the small print,i bet they are evicting you because you moved somewhere else, however they are going to say you are destorying the prepeerty so they don't have to give you a notice,get an house inspector before you sign a lease and after you end your lease.

Answer 8

You need to do a search on your state. State eviction laws. The search should guide you to legal references of what a landlord can do. If no answer, call your local court clerk and they can give you to someone who can help you.

Answer 9

cannot evict you without court order. Keep copies of you intent to vacate. Turning off water is illegal. they could be in serious trouble for that.

call civil officer and ask for advice on how to proceed

Answer 10

absolutely not! regardless of when you were planning to leave, your landlord would still by law have to provide you with a 30 day notice before he can evict you. it would be in your best interest to contact a lawyer about this.