I have recently been told by my landlord that he can evict me at anytime he wants. Just by sending a police officer over here to change locks on my door. I haven't seen any paperwork except a 7day notice. I called Legal Aid and they told me to call the courts. I called the courts and they say nothing has been filed. My question is can I get a PPO against my landlord until I move out on Nov. 11th?
2006-10-25 09:03:05 · 6 answers · asked by yweller25 2 in Politics & Government ➔ Law & Ethics
Sounds like harassment. Do what you have to do before you do come home and find your self illegally evicted. And they will change the locks and put your stuff on the street. It all depends on what city you live in also. Just check with the courts.
2006-10-25 09:12:32 · answer #1 · answered by BabyGirl 2 · 0⤊ 0⤋
Each state has their own rules. Eviction starts with what we call here a "notice to quit". That's probably what you have.
Once the time period in that expires, then the landlord goes to file a lawsuit, and you have a set amount of time to respond, and if you fail to respond in that time (it may be VERY short), they can then go get a court order entitling him to physically evict you. If you respond denying his reasons and possibly post a bond to ensure the rent is paid, they may order a hearing on short notice to make the decision whether you should be ejected or not. If they decide yes, you're out fast.
If you're physically evicted, they may be able to remove your property to storage, and you are responsible for the moving cost and the storage bill before they will give you access to your stuff.
It depends on the state whether all that takes long enough to give you to the 11th. Most it would not take that long. You should either talk to the landlord or start packing.
2006-10-25 16:17:11 · answer #2 · answered by open4one 7 · 0⤊ 0⤋
I believe the landlord must give 30 days notice of conviction and then you can fight it long enough (usually) to live out a lease, if you so choose. He cannot evict you at will and would be committing a crime if he changed the locks without the proper notice.
He is just bluffing and he knows it or he would have legally filed for your eviction. Just explain that you know your rights, you will be out on Nov. 11 and there is no reason for either of you to have contact before that date.
2006-10-25 16:12:10 · answer #3 · answered by Phoenix, Wise Guru 7 · 0⤊ 0⤋
If you have lived in the house for more than six months then no, he cannot evict you without a court order, and this takes time. The only time he can evict you is if you have done damage to the property or you are in serious rent arrears., if neither is applicable to you, go and see the citizens advice centre or your local shelter office, they will give you all the guidence you need.......Good Luck, sounds as though you need it. X
2006-10-25 16:14:10 · answer #4 · answered by angelswings 3 · 0⤊ 0⤋
He can't evict you without going through the proper procedures. If he hasn't filed the eviction papers yet, don't sweat it. Even if he gave them to you today, you will be out before they go into effect. The police will not evict someone until the final day on the eviction papers. Then they WILL come and physically force you from the residence.
2006-10-25 17:41:05 · answer #5 · answered by Slimsmom 6 · 0⤊ 0⤋
It appears your landlord is bluffing you, hoping that you move without court procedures. I would just stay there and wait until you get paperwork when to go to court. You will get something and it will give you 5 days to respond. And when you respond you get another 30 days before court. At that courtdate, just plead your case and ask to stay until November 11th.
2006-10-25 16:12:15 · answer #6 · answered by Ò?à®?á?¦JulieBirdá?¦à®?ϯÒ? 2 · 0⤊ 0⤋