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we moved in this house 8 months ago in dec landlord came to me and said that we needed to move out cause we had been late on our rent twice,come to find out i talked to his wife and she said it was cause their daughter needed a place to live, can they do that?

2007-01-13 14:21:58 · 26 answers · asked by cherry 2 in Politics & Government Law & Ethics

theres a 1 year lease and we stopped paying rent in dec cause he wouldnt accept it

2007-01-13 14:59:31 · update #1

26 answers

He cannot kick you out and even if you were late a few times, now, if there is a signed lease and its about to expire, he can choose not to renew it??????? But you can contest any eviction, but a signed least for a certain amount of time, it will be to his advantage???? Good Luck..

2007-01-13 14:29:19 · answer #1 · answered by Anonymous · 0 1

If you have a lease, it has the terms for eviction clearly spelled out. I would think that if it is his home, he can give you a 90 day notice and ask you to leave, in which case you will still need to pay rent, if you want to leave with a clean slate and good rental history. Since you were late a couple of times with payment, that's even more (legal) reason for him to want you out.

Rental agreements are serious business. If you are late paying your phone bill, your phone gets shut off, rent is pretty much the same way.

2007-01-13 14:52:56 · answer #2 · answered by Anonymous · 0 0

Even though a one year lease, if you were paying rent month to month, then all the landlord needs to give you is one months notice to terminate. However, if you are late in rent, but offer to pay up, he still must give you thirty days notice at the beginning of the next month or next rental period. The reason to terminate lease is of no consequence, the timing is everything. Good luck!

2007-01-13 17:01:58 · answer #3 · answered by alaskasourdoughman 3 · 0 0

You left out some important information, what is the term of your lease, if it's month to month then yes he can do that with 30 day notice. You also didn't say what county/state you live in.
He could also seek legal eviction depending upon your rental agreement and laws in your state concerning late payments, etc. Consult a nonprofit landlord/tenant assistance in your area or state and they can help you. Or you can contact your county housing authority they should be able to tell you if this is legal. Make sure you tell them what type of lease you have and read through it prior to calling them.

2007-01-13 14:45:01 · answer #4 · answered by Guinness Guy 3 · 0 0

You don't state if you have a lease or not which would help in answering.

If you don't have a lease you only need to be given 30 days notice.

Either party can "quit" ie give notice for no reason.

If you have a lease it depends upon the number of infractions. In some municipalities two late payments is enough for judge or magistrate to approve an eviction.

Nephitism is not illegal.

2007-01-13 14:32:12 · answer #5 · answered by thefinalresult 7 · 1 0

FLAT OUT, they have to give you a 30 day written notice of eviction. Every state has laws allowing the rentee time to be able to find a new place to live before they are forced to move out. Seriously, you could stay there and the cops will not do a single freaking thing about it. That is not there job, but the courts job. If the courts say you have to move, then it is there job. So do not worry about it, k?

2007-01-13 14:31:18 · answer #6 · answered by nicklemeout 2 · 0 0

Do you have a lease agreement? If so, I believe it would be difficult for him to evict you without cause. Sounds like he is trying to show cause by saying your rent payments have been late. Have you made late rent payments? If you don't believe that you have, contact your bank to get copies of canceled checks. Most states have strict rent laws that make it difficult to evict tenants. Check your state's website for details.

2007-01-13 14:34:10 · answer #7 · answered by Homeslice 4 · 1 0

If it is within the terms of your rent / lease agreement, sure.

If you have a one year lease and late rent is not reason for termination then you are good for another 4 months.

If you are month to month, then pack your stuff.

If nothing is in writing, pack your stuff.

It may be different where you are but I doubt it.

Good luck,
J

2007-01-13 14:30:52 · answer #8 · answered by jacquesstcroix 3 · 0 0

Did you sign a rental agreement?If so read the terms,he may have the right.Anyway he is under no obligation to renew your lease when it is up,however,almost all sates have laws about giving at least a months notice before evicting someone in any situation.

2007-01-13 14:30:26 · answer #9 · answered by Michael 6 · 0 0

On a month to month tennancy (no lease) they can kick you out with 30 days notice. Their right to end the agreement is the same as yours. They don't need a reason to do it, either.

EDIT: As to the answer above, they don't owe you anything to move. Don't count on a moving allowance, you're not going to get it.

2007-01-13 14:27:43 · answer #10 · answered by normobrian 6 · 1 0

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