I just got evicted?

Question

I have lived at my place for over a year, i have always paid my rent and never been a problem to my landlord. Today Jan 12 She came to collect my rent and after she got my money she gave me a handwritten letter that said I had 5 days to vacate the premises. Can anyone tell me if she can do that, i just gave her my rent for the month of Jan and she is saying that i have to be gone within 5 days. Can anyone help me on what i need to do, she didnt give me my deposit back or anything, she just said you have 5 days. I know most states give you like 30 days to move. The reason that she evicted me is the police got called to my house. This is the first time this is ever happed, please someone help me.

Answer 1

Let me disclose, I am a landlord. An eviction notice MAY be recorded by the courts, but doesn't have to be. The landlord may serve you notice to vacate the premises for violation of the lease or, if the lease has expired, just because they want to.

The landlord can deliver what is called a 14/30 Notice too. What this says is that you have 14 days to correct the problem or vacate the premises or 30 days to vacate the premises. This is usually delivered to correct problems like code violations by the tenant.

While the time allowed varies by state, usually it is 30 days notice. Since we don't know what your contract, if any reads, it is customary to give you 30 days. If you are month to month, it is the calendar month, which can be 28 to 31 days, though, 30 is customary.

As a landlord, I am going to reveal something’s that usually aren't told a tenant.

You can fight the landlord, but it will cost you more than it is worth. You can win, but it will still cost you more than it is worth.

You are going to be living with a landlord you know doesn't want you there, and will be looking for every infraction you commit. My advice is to find another place.

The landlord cannot enter your premises without notice or permission. If they do, it is breaking and entering, and you can call the police yourself. They won't do anything, but you have a record of a complaint that the landlord entered your place illegally.

Go online or down the library and find a copy of the Landlord Tenant Act as amended by your state. Copy the part about notice and time required to vacate the premises.

Go by and talk to the landlord. Be nice, apologize, they may be forgiving, all the better for you. Keep in mind you want something from them. If you have to kiss their ass, then do so. In the end you win don't you?

If they are confrontational, deliver them the copy you have. Inform them that the incorrectly gave you notice to vacate. Inform them that you will be moving and that you will deliver them 30 day written notice when you pay the rent for next month. This will give you almost an additional month to find another place.

Keep in mind, that you want your cleaning deposit back. Take a camera, even a cheap one will do, and take numerous pictures of your place, after you have cleaned it and vacated the premises. That way you have a legal leg to stand on if they don't return the cleaning deposit.

Now, the final bit of info that will put me on the hit list of landlords. The landlord has 30 days to return your cleaning deposit or explain how it was used. If the do not return it, contact a lawyer.

A lawyer will usually explain stuff for free. But, if they don't want to do anything, file under small claims. Go back to the copy of the Landlord Tenant Act, and copy the part about dispersion of the cleaning deposit. Take that, rent receipts, return checks, and you photos to court. You will win hands down.

When you file a claim, file for triple damages, including your court filing fees. Usually the Landlord Tenant act will award you this amount because the landlord abused you.

When you win, you will not automatically get the money though. Usually small claims allow the debtor (looser of the case) 10 days to appeal the ruling or 30 to pay you. Go back the court clerk and ask for a statement of assets. Have and already addressed envelope with you, put that statement and a cover letter indicating that the debtor must respond in 30 days or face contempt of court.

Ask the court clerk to have the sheriff dept. serve the statement. It usually costs you $5 to $10. Some places won't do that, so go down to the post office and send it certified mail, return receipt.

If you don't get that back within 30 days from delivery, go back to the court clerk and request a motion for contempt of court.

If the landlord doesn't show up for that, the court will issue a bench warrant for their arrest. They will have to bond out with the awarded amount. You cannot get that money, as that is only a bond to have them fill out the statement of assets. You will have to be there to be sure it gets filled out properly.

When you have that in hand, you can go after the bank account for the full amount, including any service fees and/or postal charges, and interest. Usually the court will award you interest on the judgment.

Good luck. I have to go load my gun now. The Landlord Mafia is after me now. LOL

Answer 2

I too am a landlord and I agree partly with A_Kansan. She has to give you 30 days notice. It does not have to be recorded in court, she can hand it to you. You stated that she collected the rent on the 12th. So you were late? Most rents are due on the 1st. IF you have paid rent late alot, this may be the reason she asked you to move. You say its because the police were called to your house, but didnt say why. Only that it is the first time it ever happened. Details may be also why. Maybe its a combination of both reasons.
She has 30 days AFTER you move to provide you with a list of damages and return any deposit remaining. She must provide receipts for the damages she fixed. She CANNOT just say there are damages, she must prove it with receipts of fixing them.
Take pictures of every wall, floor, ceiling, appliances and fixtures before you leave. Have someone in the picture as a witness holding something with the date on it. Then have that someone sign the pictures. This will be your proof of no damages and that you left the apt clean.
I too will probably be in hot water with other landlords on this, however, the one thing that I cant stand are landlords that dont follow the rules set for them and make the rest of us look bad.
Until you get a legal 30 day eviction form, you do not have to move. But I would start looking for another place. One way or another she will find a way to get you out. Might as well do it as peacefully as possible. Make sure you give her 30 day notice that you are moving out by a certain date and stick to it, even if she hasnt given you the proper notification. She can call it abandonment if you just move, and you will be responsible for the remaining rent. She can also legally keep your deposit for abandonment.
The part I disagree with in Kansan's narrative is that the LL cannot enter with out your permission. That is not true. The LL simply has to give you 24 hr notice of her intent to enter. It is her property, she gave you proper notice, and can enter. You do not have the right to refuse. However, the 24 hr notice must be for a specific reason, such as repairs or inspection. And it must either be in writing or she spoke with you in person (or phone). The only reason she can enter without giving you notice is in the event of an emergency, such as water leaks, gas leaks, broken pipes, fire, etc. This is pretty much universal among the states.
Good luck to you

Answer 3

What she gave you was a Management/Owners Notice to Vacate (your lease should state how much time is req. most states it is 30 days) If you do not vacate it is called Tenent Holding Over and the land lord must file in court to get you out. If you are at the end of your lease or are renting month by month no reason need be given. But, if you are in a lease they must show cause. ie; Gross violation of the lease agreement. A court date must be set and you have the option to appear. If the court grants the landlord the property then they must file for an eviction date. When an eviction date is set you will recieve a notice of the date.

In Summary it takes 45-75 days to actually, legally evict someone.

Someone suggested not pay her rent. I completly disagree. You must continue to fullfill your end of the lease agreement. or she can file for Failure to Pay and begin to establish a case for No Right of Redemption.

Try a quick web search for Landlord tenent law in your state. Additionally, some cities have a free tenent advocate In Baltimore it is called Baltimore Neighborhoods.

Good Luch (But have a back up plan)

Answer 4

Check your state's Landlord Tenant Act. It specifies the responsibilities of both Landlord and Tenant. You cannot be evicted with a handwritten note. The Landlord has to go to the magistrate's court and fork over some money for an Application of Ejectment. When you get that, read it. You have 10 days to contact the Magistrate and ask for a show cause hearing. If you feel the Landlord's action is wrrong, get the hearing. The Magistrate can uphold the eviction and put you out in 2 or 3 days, he/she can uphold the eviction but give you lots of time if you ask,
or they can set aside the application and tell the Landlord it is a no go. The Landlord also has to give you 10 days to meet with them before they can even file with the Magistrate. Ask for a meeting for your landlord to explain their decision.

Answer 5

Okay....here's what you do.......Give her a response Notice.....You will vacate the residence in 30 days (assuming you are under no lease)......google your state and landlord/tenant laws and cite the info regarding the deposit.....In AZ, Landlords have only 14 DAYS to dispo the deposit......Tell her you expect an exit walk thru and a timely return of your deposit pursuant to ......

Also, tell her in the letter, that she has no legal right to give you 5 days Notice....and that you will not adhere to an improper timetable....but you accept that she wants you out and you will move out w/in 30 days.......Hand her a copy AND mail a copy return receipt requested.....

She doesn't want you as a tenant......of course who would if she has to go to you directly every month on the 12th and collect it....but she has rules to follow......

By the way, in AZ, if the landlord misses the deposit deadline, the tenant gets DOUBLE damages.....protect your rights....and get a new place.

Answer 6

Don't move so quick! Every state has different eviction laws. None will allow a landlord to throw you out in 5 days. Also, by accepting your rent for the month makes you good for the rest of the month. Here is a link to Landlord/Tenant law.
http://www.thelpa.com/lpa/lllaw.html
I would also suggest you give her a 30 day notice and find another place to move. Your future relationship is shot with this landlord.

good luck,

Michael

Answer 7

You should consult an attorney at legal aid as soon as possible. Depends on the state, but if you have a lease agreement, the only person that can order you to vacate is the sheriff of your county. As long as you paid your rent for the month and the lanldord accepted it you're good. Contact the housing authority in your city and seek help. If you paid your rent you do not have to go. If she comes in your home without permission or warning, the landlord could be breaking the law.

Answer 8

She didn't "evict" you. She handed you a notice.

If she wants to evict you, she has to file in court to do that.

You are presuming that she 1) has adequate cause, 2) that her notice and method of service was proper according to state or local law, and 3) that state or local law allows her to accept rent monies and try to evict for cause at the same time. Accepting someones rent money means you accept them as a tenant. Landlords don't get to have it both ways.

Find out what the law is in your area, and don't allow yourself to be bullied by her.

Answer 9

Take a look at your lease. Most notices to vacate require 30 days, and usually only from the end of the current month. So, she'd have to tell you in January that you're out by end of February.

Having the police called by itself isn't a violation of the lease. If they found drugs or something prohibited in your lease, you're screwed. But that doesn't mean they can take your entire month of rent and give you 5 days. It doesn't work like that.

Tell them you'll leave at the end of February.

There's tenant's assocations in most states, that can review your lease with you and advise you of your rights in your state. But don't move out in 5 days.

Answer 10

i work for a property management company in missouri. A handwritten note is not considered an eviction notice. It must be notarized, then, after she serves you with that, it takes 30 days. Aftr the thirty days are up, she has to go to the local authorities (police, sheriffs) and have them serve you with an eviction notice. Then it will take an additional 30 days for you to move out.
Also, where do you live? What kind of lease do you have? (month to month, weekly?) Feel free to message me if you need more help