there are numerous repairs that need done to the house i live in.they are repairs that have been here since i moved in on june 1,06.because i refused to make the repairs myself without compensation on the rent or reimbursment on the cost,outside of painting the walls.he is askin in a typed up letter that we vacate by nov.18th of 2006.no an eviction notice just a typed up letter from him sent to me certified mail..my question is,can he do that even though he rented me the house with the knowledge of these repairs before i moved in?can he use these repairs as a reason to evict?the rent is paid in 2 halfs which he is refusing to accept he second half of because of this disagreement.
2006-10-23 08:25:01 · 15 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Take a look at this first
2006-10-23 08:30:37 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The same thing happened to me. He sent me a certified letter giving me less than a month to vacate Buried in my lease was clause saying that either party could terminated the lease with at least 30 days written notice. Youlr lease may have a similar clause, but your state also has laws regarding this. Google "Renters rights" with name of your state.
Also, an eviction usually can't occur without a court's consent. But a notice to vacate can, if within the limits in the lease. For the reason of repairs, he may have to prove that the repairs can't be done if the house is occupied.
2006-10-23 08:44:32 · answer #2 · answered by Snaredrum 4 · 0⤊ 0⤋
It's doubtful she can evict you based on that letter alone. You didn't state what state you live in, and laws and regulations do vary by state. However, typically you must recieve a 3 day notice to pay or quit. That means you must pay all rent due, or leave the premises. However, many states allow you to withhold all or part of your rent for unsafe or inhabitable conditions. If you have a lease, there's not a lot she can do if you follow certain steps. If you have a month-to-month rental agreement, then she can give you a 30 day notice to quit, which means you must leave at the end of 30 days. You need to send her a certified, return receipt letter stating that you are withholding your rent, or part of it, and state the amount, due to no heat and no water. Ask her to repair the items by a certain date. You can usually contact your local Legal Aid center to find out how many days she has to comply. Then you wait for her to comply, or not. If she does not, then start looking for another place to live. Keep detailed notes of all conversations with her, either in person, via phone, mail, or email. Keep copies of everything, too. Legally, she can't evict you without going through the court process. But in many states, that can take as few as 2 weeks, or many months, it just depends on the state. Good luck. Honestly - if she's not willing to fix the heat or the water, you should report it to the local housing authority, and you can find out who to contact by asking your local city government. It's often illegal to withhold heat in the winter from a tenant, or hot water.
2016-05-22 01:50:23 · answer #3 · answered by ? 4 · 0⤊ 0⤋
Actually, since the landlord has refused your money, he has shot himself in the foot. Obviously, in most states, his "typed up notice" is not a legal eviction notice. Eviction notices must be served by an officer of the court, sheriff, or disinterested third party, and must be done using forms provided by the court.
Sounds like you have a slumlord. Photograph the problems with the house, then take them to your local housing authority. Also, file a formal complaint stating that he is a slumlord. That will put the burden of proof on him, and could stave-off your eviction.
2006-10-23 08:36:45 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Do you have a lease? If so is it a 6 month lease or a year? If its a 6 month lease then he can ask you to vacate and get away with it as the lease is up. If its a year he has to take you to court so save up and document all repair problems. He can refuse to accept payment in two payments. In order to actually be evicted he must take you to court first tho.
2006-10-23 09:42:30 · answer #5 · answered by elaeblue 7 · 0⤊ 0⤋
The tenant, unless they cause the damages, is never expected to make unreimbursed repairs. As for the letter, they can request you terminate your lease, you need not move because of that letter, unless they are a major remodeling of the entire house.
I'd contact my local municipal court and legal aid about your case, because you are too vague to give sure advice here.
2006-10-23 08:33:54 · answer #6 · answered by kingstubborn 6 · 0⤊ 0⤋
There are steps a landlord has to legally do before he can force you to leave unless there are other mitigating circumstances like dangerous conditions or destruction. This includes multiple notices and sufficient time. Look in the phone book for a lawyer and give them a call but this likely sounds like something the landlord is not allowed to do.
2006-10-23 08:34:19 · answer #7 · answered by Anonymous · 0⤊ 0⤋
If the place needs repairs, call up the local housing or building inspector and have them come out and write up all the violations. He will be ordered to make the repairs.
You don't have to move unless he got a court order saying that you have to.
2006-10-23 08:29:13 · answer #8 · answered by BoomChikkaBoom 6 · 1⤊ 0⤋
Landlord are terrible people. You needed everything in writing when you moved in. Get ahold of legal aid, they don't like to see people put out in the cold. As long as you have paid your rent on time you should have no problem. I rented out part of my duplex in Minneapolis, I had a contract that I had the new tenant sign. Unless you are not paying the rent they have no reason to boot you out. There are agencies out there who will help you.
2006-10-23 08:38:57 · answer #9 · answered by Thomas S 6 · 0⤊ 1⤋
Landlord tenant laws vary by state and city. Usually it doesn't matter why you are being evicted, only that he followed the proper procedure to kick you out.
2006-10-23 08:29:23 · answer #10 · answered by Anonymous · 1⤊ 0⤋
The mistake you did is this one: you should taken a picture when moving in. and given her a copy. Now he can throw you out in 3 days!
2006-10-23 08:30:06 · answer #11 · answered by alfonso 5 · 1⤊ 0⤋