Last night while my mother in law was on the way home, a snow storm hit here in KY. She sit in 5 hours of traffic, then decided to come to our house and wait it out. She takes her min pin with her everywhere. After a few hours here a snow emergency was declared and the highways where shut down, she had noway of getting home. This morning we were served with an eviction notice, because the dog stayed here. Our lease does say tenenants will not have a pet. I tried to explain to my apt. manager, but she wouldnt hear it. She told us we have 14 days to get out or she would begin court eviction. I told her to give me back my deposit and this monthes rent and we would leave. She told me she gets to keep both since we went against the lease. This is the first time we have ever had a problem with them. We have lived here a year and always pay our rent. Do I have a case for wrongful eviction.
2007-02-07 06:47:30 · 7 answers · asked by duffmanky 2 in Business & Finance ➔ Renting & Real Estate
No, we have never had a problem with the manager. We dont party we arent loud. OUr lease is technically up this month anyway. After that it goes month to month. About two months ago we where robbed and called the police. She did get upset that i didnt call her first. She said she was showing a unit when the cops came and it made the whole place look bad, but that is it.
2007-02-07 07:06:07 · update #1
My mother in law was here for a total of 15 hours til the roads where clear. She doesnt live with us.
2007-02-07 07:28:46 · update #2
What a heartless landlord and lack of common sense. In any event here are the links you need.
STATE’S WEB SITE: http://kentucky.gov/
LANDLORD TENANT ACT: http://www.lrc.ky.gov/KRS/383-00/CHAPTER.HTM
State bar Association: http://www.kybar.org/
Buena Suerte
2007-02-07 07:15:37 · answer #1 · answered by newmexicorealestateforms 6 · 1⤊ 1⤋
Unless you're BS-ing on something, I'd say your apt.mgr is out to lunch. Diff states have diff laws on how to go about evicting a tenant and what the laws are, but generally they have to go through some legal hoops to get you, especially during inclement weather or if you have children in the house.
As far as the lease goes, there may be some assumed conditions based on state or local law about security deposits, etc., but generally, unless she can prove damages, she owes you the security deposit, and if you leave early at her behest she owes you a pro-rated refund on the rent (assuming you do move out).
You didn't have/maintain a pet - one came with a house guest on a temporary basis under emergency conditions. Unless the lease is more specific, you didn't violate the terms.
I think she's just been itching to get you out of there for some reason - doesn't like you for some reason or has someone else she likes that wants the apartment.
You need to be either really knowledgeable on your applicable laws or get a lawyer.
2007-02-07 15:02:51 · answer #2 · answered by mattzcoz 5 · 0⤊ 1⤋
FIRST OF ALL REMEMBER THE TRUTH WILL SET YOU FREE. You land lord can not evict you, you do not have a pet. The animal belongs to someone else. The lease does not say that people that own pets can not visit you. I would write a formal letter to the land lord, make sure it is notarized and sent certified mail (return receipt required), this letter should state that you are not leaving until eviction notice is served.
Once the land lord serves eviction notice, place all monthly rent in a bank account until the judge renders a ruling. You have your rights, you don't have to let people walk on you just because they believe that they make the rules.
2007-02-07 15:23:58 · answer #3 · answered by whatevit 5 · 0⤊ 1⤋
NO YOU DO NOT HAVE A CASE FOR WRONGFUL EVICTION.
But your landlord has a case against your mother in law.
Number one! Your mother broke the lease by having an unauthorized pet!!
Number two! You do not get your deposit or months rent back. Your Feb rent is paid, you have 14 days to move.
Number three! You dont get the deposit back. You have an unauthorized dog. You broke the lease. Any deposit will go to any damages, cleaning of carpet and apt (because of the dog) and court costs (if she has to take you to court). Even then, you may still owe the Landlord money, depending on the costs.
My advise, Move the mother in law out in those 14 days. Next time, follow the lease to the letter. If it says no pets, it means exactly that. I allow NO pets because I am allergic to them.
2007-02-07 15:16:25 · answer #4 · answered by kimmamarie 5 · 0⤊ 3⤋
Technically you did break the terms of your lease, so I would say no. The circumstances surrounding this case make me think the manager has wanted to get rid of you, and is jumping on this as an opportunity. No manager I have ever encountered would want to dump a tenant who always pays their rent over something as silly as this. I think there's info you're not sharing with us.
2007-02-07 14:59:23 · answer #5 · answered by Cardinal Rule 3 · 1⤊ 1⤋
Though technically, you DID break the lease, I bet if you document everything and explain to the judge the extenuating circumstances, then you may have a case. Depends how understanding the judge is and whether he/she wants to get technical or feel sorry for you.
Landlord sounds like a prick.
2007-02-07 14:56:49 · answer #6 · answered by trer 3 · 1⤊ 1⤋
Y0U HAVE A CASE!
get a lwayer. ASAP.
2007-02-07 14:55:31 · answer #7 · answered by Anonymous · 1⤊ 1⤋