I was recently served with an eviction notice due to faliure to pay my water bill but when i first moved in and signed the lease i was told that water was paid and that is why i moved in one less bill, so now all of a sudden they are gonna throw me out for not paying something i never even got billed for. They gave me 3 days to move out is that legal i thought thay were supposed to give you a month? Where do they want me my hubby and 4 kids to go in 3 days? My ? is should they give me more than 3 days and i'm not paying for something that was never billed and i was not supposed to in the first place. My lease still has another month on it so if we do leave that will go on my creit and i will still get charged for it can i take them to corurt for that?
2006-11-15 02:36:43 · 12 answers · asked by SanDee 2 in Politics & Government ➔ Law & Ethics
Hi, Sandee,
As I read the answers, I kept wondering how all these people know what State you live in, if US, and how they can be sure their advise applies.
Your family lives in which state?
Also, when you say lease that is usually different than a month to month and result in different answers.
In California, there is a standard notice called a 3 day pay or quit. The expectation is not that you will move, but simply pay the rent or in your case the water bill.
In your case, it seems that you may not gone to leasing or rental office and simply asked them what they plan to do.
That is the place to start. Ask them what this is all about.
If it is in your lease that you will be paying water bills, they will point that out to you. If that is the case, they will show you that you signature is on the page showing that you agreed to pay.
I don't know in what states there is a "Housing Authority". But they would tell you to talk with the agent or landlord first. Then if needed you file a complaint.
The so called 3 day notice is the first step in the eviction process but it is not an eviction in and of itself.
In California, an eviction does take place before a judge. You have the opportunity, with or without an attorney to be present.
I have always been there on the behalf of the landlord. Sorry about that!! The judges are always fair and willing to hear what you have to say.
The only persons who got really bad deals were drug-dealers, that isn't you, and people who didn't show up in court.
Believe me, if you are paying the rent as agreed and the landlord or the agent do not have it in writing that you agreed to pay the water bill, you will win in California just by showing up and telling that to the judge!
Good Luck for you and your family!
2006-11-15 03:46:38 · answer #1 · answered by ericasqeeze 3 · 1⤊ 0⤋
Depends, if this is a "first time offense", as in there is only one water bill that has not been paid, they should give you at least a week or two. However, if this is a "multiple occurance" situation, as in there are several water bills that have not been paid, the time period can be between 2 to 5 days.
Yes, you can take them to court for this. First off, confront the apartment staff about the situation. Bring a copy of your lease (not the lease itself as that is your only piece of evidence that THEY are supposed to pay the water, not you) with the part of who pays what bills highlighted. If their leasing terms have changed, you should have been notified of the change when they happened. Next call a lawyer. There should be a few that do not require payment up-front, so if you are short on cash don't worry. Once you have settled on a lawyer, have the lawyer contact your apartment complex ASAP to inform them there is a lawsuit against them for wrongful eviction is going into affect.
Good luck, and I hope this works out in your favor.
~~ Abaddon
2006-11-15 10:52:51 · answer #2 · answered by Anonymous · 0⤊ 0⤋
A made up eviction notice or a form that they bought and filled out for an eviction in not legal. They have to get a legal eviction notice from the courts. SIt tight and dont worry. And why do they care if you have water or not? If the bill is in the landlords name and sent to them sounds like they are responsible for paying. Hope your lease says they are.
2006-11-15 10:48:53 · answer #3 · answered by TCM 3 · 0⤊ 0⤋
Are you current on your rent payments? Check the lease you signed. It should state if you have to pay the water. If you do not have one, which they should have given you a copy, ask for one. They are required by law to give you a copy. There are attorneys that specialize in landlord disputes, I would find one. Let your landlord know that you are seeing an attorney and that you have the law on your side. Another step is to notify your local newspaper or television stations. We have a News on Your Side where we live that addresses problems like yours. Make some noise with the media and I'm sure your landlord will back down.
2006-11-15 10:53:32 · answer #4 · answered by Rea 3 · 0⤊ 0⤋
Hmmmm, something sounds fishy - you're getting evicted from your home because you didn't pay an old water bill??? You get evicted for not paying your rent, not the water bill! Take the bill and go to the billing office at the water company and explain just what you wrote here - something's not right!
2006-11-15 10:40:15 · answer #5 · answered by Anonymous · 1⤊ 0⤋
i got a 3 day eviction notice before.i called the housing authority and they cant do that.he is just hoping you move out so he doesnt have a hassle.by law he has to go to a district magistrate and pay 75.00 fee to set up a court date then he has to pay a constable to serve you the paper with the court date on it.then when you go to court,you have another 30 days to get out.i would call the housing council in your city because that is a PA law and it might be different where you are.
2006-11-15 10:43:23 · answer #6 · answered by stealthmodel17404 3 · 0⤊ 0⤋
Eviction is a legal process that requires the landlord file with the local authorities. This doesn't sound like a legal eviction notice.
Without knowing where you are, I would suggest calling the closest police department (police departments are typically involved in evictions) and ask what the local laws regarding eviction are.
2006-11-15 10:41:06 · answer #7 · answered by ksmpmjoll 3 · 2⤊ 0⤋
Yeah -- they have to give you a 30 day written notice to vacate. Did you sign a lease that mentioned your water was paid? If so, then you sound like you have no problem. If they try to kick you out before then, you CAN call the police. I would contact a lawyer, they usually offer a free consultation and see what they say... good luck!
2006-11-15 10:39:53 · answer #8 · answered by Ducky S 5 · 2⤊ 1⤋
you should find your copy of your lease where it states what is paid and what is not paid. Also, get an attorney. These people are obviously not in your interest.
2006-11-15 11:24:28 · answer #9 · answered by ? 2 · 0⤊ 0⤋
Sounds like you have a law suit on your hands.
Take those buzzards to court and get every dime out of them that you can!
2006-11-15 10:39:49 · answer #10 · answered by Anonymous · 0⤊ 1⤋