A friend of mine has been at the hospital for different reason the last 2 months and she hasn't been able to pay her rent. She told her brother to take care of it because she wasn't able to, but he forgot, and just never told her he didn't take care of it, but she recently payed the landlord her money. The landlord said she still wants her out because the landlord found another potential renter who's willing to pay more rent, even with a pretty valid excuse, even though before this, she was paying her rent on time and never had an issue with this. Is that illegal, and if it is, where can she go with this??
2006-11-02 12:33:34 · 8 answers · asked by Talon 1 in Business & Finance ➔ Renting & Real Estate
The landlord may want her out, but their ability to get her out depends on a lot of things, like her lease and the law in her area.
If her lease isn't up, they probably can't evict her until it is up ... but her state may allow people who are chronically late to be evicted, but it involves certain notices and is only for being late in the future and does not apply to past late payments.
The fact that she has a good excuse for being late really doesn't matter. Her problems are not her landlords problems. The fact that she was a good tenant before this (and presumably still will be) should have counted for something with her landlord, but as far as legally ... a landlord is under no obligation to wait for their money.
In any case, they can't just order her out. They have to go through the courts to evict her, and frankly it doesn't sound like they currently have any cause for eviction.
If your friend is a month to month tenant and there aren't any laws preventing the termination of a month to month tenant except for cause (such as non-payment of rent), the landlord may be able to terminate her tenancy and take her to court as a holdover tenant if she doesn't leave. Some places have these laws, others don't. You really need to find out what the law is in your area.
2006-11-03 00:34:01 · answer #1 · answered by BoomChikkaBoom 6 · 1⤊ 0⤋
If she has no lease or a rental agreement that is more than month to month then she has no legal recourse since the landlord is only obligated to the renter for the month that is paid. If she has a lease from 6 mos to a year then she has a issue since the landlord accepted her money that paid the mos she was in arrears and during the time that the lease is in effect the landlord cannot raise the rent. The best thing for her to do is to call a lawyer that deals in tenant relationships and so on-more than likely she'll get her answer on the phone and even if asked to come in the initial consult is usually free but ask to make sure.Also she has to have a place to move into and there may be some protection for her there where the landlord has to go through a legal eviction process -cannot just turn her out--evictions have to go through the legal court system. Hope this goes well for your friend but do find out all your legal rights from the best source-attorney.
2006-11-02 12:44:57 · answer #2 · answered by Anonymous · 0⤊ 0⤋
All tenants have rights, and if the landlord accepted her money, and she is paid in full, the landlord has to come up with a valid reason to continue with the eviction. Your friend can contact her local legal aid office for advice/help, but she cannot be evicted without a court order, which means the landlord has to go to court and show just cause.. Tell your friend to have all of her receipts, and any documentation she can get her hands on to back her up, including witnesses, if possible, to be prepared. Just being able to get more money is not a valid reason for an eviction, and she does not have to let the landlord bully her.
2006-11-02 13:07:22 · answer #3 · answered by shadowdancr17 5 · 0⤊ 0⤋
Well if there was no proper procedures used in notifying your friend and the landlord accepted payment it really does depend on the terms of the lease and the landlord tenant act of your state as to what the landlord can and can not do. I'd send you the links to the landlord tenant act of your state but I don't know what state your friend is in.
Buena Suerte
2006-11-02 12:37:40 · answer #4 · answered by newmexicorealestateforms 6 · 0⤊ 0⤋
Make sure you go to court and state your case. If rent doesn't get paid or someone is destroying property, being rude to neighbors, etc they'll be evicted sooner or later.
Most landlords are ok as long as rent is paid and the tenants are being nice.
2006-11-02 14:29:17 · answer #5 · answered by MovetoLatinAmerica 3 · 0⤊ 0⤋
He will have one hell of a time, next to impossible to get her out, especially if she got her rent paid. Go to small claims court,
be sure to appear if landlord wants to press up ! Change the locks, tell him to kiss her ***, and hunker down, check the unit during daytime now and then to be sure he is not coming around. He can't move her for 90 days minimum through the court system, probably more like 120 days.
2006-11-02 12:44:21 · answer #6 · answered by The Advocate 4 · 0⤊ 1⤋
the laws on this are different in each state and for each lease, she should read over her contract. After that i'm not sure.
2006-11-02 12:39:43 · answer #7 · answered by LD 5 · 0⤊ 0⤋
get and attny or go to the legal aid in your city.
2006-11-02 13:54:36 · answer #8 · answered by ticketoride04 5 · 0⤊ 0⤋