I'm asking this for my mother. She is in a rather tight spot right now and she has been late on rent the past few months. She has always paid even if it was late and all her late fees. She just finished paying her late fees for this month but then she was searching on the internet to find a cheaper place to live. While she was doing this she came across an ad for her townhouse! She has not been served eviction papers but they are already trying to find new tennants for her home. Is this legal? Don't they have to tell her to get out first? Any advice for me to give my mom would be much appreciated.
2006-12-09 03:16:36 · 9 answers · asked by Chelle's Belle 4 in Politics & Government ➔ Law & Ethics
Another thing, my eldest sister also lives with her and she has an infant. Are there any laws about evicting someone with an infant under 1year of age?
2006-12-09 03:21:47 · update #1
Even with an eviction notice, they have to give her 30 days to vacate the property, otherwise they have the right to go in and put all her stuff on the sidewalk. If she hasn't been served an eviction notice then she's fine. Even if they find someone else to rent it, they have to give her a notice and 30 days to vacate.
2006-12-09 03:19:38 · answer #1 · answered by skybelle24 3 · 0⤊ 0⤋
Relax, timing is everything. It doesn't sound like they have even issued an eviction notice yet, so can she get the money together and pay? that is the first and best remedy. Second, if an eviction notice has been given because of non-payment, it only needs to say she must be out at the end of current rental period; if that has expired, they only have to give 30 days maximum notice. If already given 30 days notice, then the landlord may get a Forcible Entry & Detainer (FED) which gives only 3 days to get out, and the Police will chaparone the move out on the third day. Once it reaches the FED stage, better start packing.
Yes, they can advertise the place even before eviction, most rent agreements say they can show the place to prospective buyers and renters. And no, there is no law against evicting a woman with a young child; otherwise no one would rent to them in the first place.
2006-12-09 17:37:33 · answer #2 · answered by alaskasourdoughman 3 · 0⤊ 0⤋
I don't know much about the legal aspects of this, but in some states, they cannot evict anyone with an infant under the age of 2 years. Also, there usually has to be an eviction notice given, and that takes approximately three months. They cannot rent her place to someone else until she is evicted. She needs to contact someone about legal aid. She needs an attorney.
2006-12-09 03:27:22 · answer #3 · answered by BRG 1 · 0⤊ 0⤋
They can't just put her out. She could draw this out for a year if she wanted and the landlord would get screwed royally in the end. First they have to serve her with eviction notice. She can fight it and they will have to get a court order for the police/sherriff to step in. That could take a minute. Then when the sherriff comes knocking on her door, thats when she has to leave. It is not as simple as just eviction. If there is no eviction and her lease is not up they cannot be showing her home to people. Sounds like the landlord is a d1ck and she should find a place ASAP. She probably won't get a good reference from current landlord so she shouldn't worry about freaking out to get them late fees or anything right now. She should save her money and use it as a deposit on a new place.
2006-12-09 03:25:41 · answer #4 · answered by talarlo 3 · 1⤊ 1⤋
Depends on the state, but most states have very well defined landlord tennant laws. the landlords have very specific procedures they must follow to evict, which includes the oportunity to present your case to a judge at a hearing. People with infants usually can not be evicted without a cout order, and that requires the landlord to follow legal eviction proceedures.
Many landlords like to make up their own rules and ignore state law. They ALWAYS loose. Look up your states "Landlord Tennant Law" for specific details.
2006-12-09 03:54:28 · answer #5 · answered by Gunny T 6 · 1⤊ 1⤋
First, they have to evict her for cause. That means if she does
not pay the rent or is a bad tenant i.e causing trouble with other
tenants.
The landlord has to go to court, show cause and then she has to answer, in writing to the court. They then have to go to court
(both parties), The whole process can take up to six months.
If the landlord is, in fact, advertising her townhouse for rent,
he is in violation of the law.
Thank you very much, while you're up!!
2006-12-09 03:32:31 · answer #6 · answered by producer_vortex 6 · 0⤊ 0⤋
The court must issue an eviction notice, which must then be served (handed to your mother). In some locations, you may be able to serve the notice by attaching it to the door of the property.
Once served, she has 30 days typically to quit the property.
2006-12-09 03:30:28 · answer #7 · answered by Anonymous · 0⤊ 0⤋
they can evict no matter the age, but no they cannot legally sell it while she is still paying for it, if she has on document that she lives there and is paying rent they must evict her before re renting the place out, i would talk to her landlord, if nothing gets done consult a lawer...dont get on just go to any lawfirm and ask for a free consultation, that will say you can get it done yourself but need advice, they should help...how much late are we talkin?
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2006-12-09 04:17:46 · answer #8 · answered by popeye 3 · 0⤊ 0⤋
until they fine a new renter your mother is fine, but as soon as they do your mother is outa there. she should look harder for a new place, how about your place, with your sister and the little one. then you will know why she is late in paying the rent.
2006-12-09 03:31:07 · answer #9 · answered by Anonymous · 1⤊ 0⤋