Eviction Notice???

Question

We received a letter in the mail today saying that we had 30 days to remove ourselves and our belongings from the property. We never signed a lease because the landlord told us that she would bring our lease over a week after we had moved in and she never showed up with it. We have lived here for 13 months now and still no lease. Anyways, we have been late on our rent a few times but it has NEVER been more than a 30 days late. The only reason that it was close to that is because my husband lost his job a few months ago. Our rent is all caught up right now and we received that letter from our landlord saying that we have to move out or if we want to stay we have to pay $280 worth of late charges plus our $500 rent by April 1st. There is no way we can do that and we can't come up with a deposit and first months rent to move in 30 days. If we aren't out by the time the 30 days is up, what will happen?

Also, can they decide to charge us late charges on rent that was late before when we are all caught up now? They have never charged us late charges before and they told us that they don't charge a late charge.

I live in Kansas

NO, I did not sign a lease at all. When we first moved in we were talking about doing a rent to own, then decided not to so she was supposed to bring a lease over to us so that we could sign it but she never did.

Answer 1

You did not say what state or country that you live in, I am guessing the United States? I would call an attorney first thing Monday morning if you cannot afford an attorney go to legal aid.

I can tell you that in Tennessee & Louisiana you have to be served with papers to appear in court. All this takes time. I think it usually takes about 2 months from the time you get the first notice.

Answer 2

It sounds like you signed a lease but were never provided a copy, right? You aren't getting evicted, they are choosing not to renew your lease. That is different. They are giving you a 30 day notice and it will be an eviction if you don't move. Right now what it is amounts to basically inviting you to leave. They don't want you anymore, leave before it turns into a legal eviction because if it does you will have a difficult time renting anywhere else.

30 days late is extremely late for rent. A landlord has bills, too, they can't cover your rent if you don't pay it, they can't call their mortgage company and say "I'll be 30 days late" and not expect to be dinged.

Also, all money received will go to late fees usually. The $280 is what was left over when they applied all your rents to the fees and then the rent.

I am sorry your husband lost his job, but in the future you have to absolutely communicate and make payment arrangements and do whatever it takes to keep a roof over your head. The landlord is not a parent.

Also-- I am flabbergasted by the misinformation being flinged about. You don't have squatter's rights and they don't need a reason to not renew your lease or give you a 30 day notice.

Answer 3

Hi,

Check if you are living in a Rent Control Area... you might be able to fight this.

In most areas however, the law allows the landlord to give the tanent a 30 days notice to evict regardless of the reason, some times it is 60 days. However if you live in a Rent Control area, there are restrictions that take the right away from the landlord.

Best of Luck

Yousef

http://www.firstmortgagenews.com

Answer 4

In md you must be given 1months notice on a verbal lease which is what you have.If you become a tenant holding over they will seek to evict you and this will take more time with fees possibly mounting. Call your landlord see if they will reduce the fees.Some people are nice some are jerks.I would say if no late fees were spelled out you do not owe them.I think the lease was forgotten. Tell them this but always be pleasent.

Answer 5

You've been late on rent a few times...maybe the landlord wants to get someone else in your apartment that won't be late. "never more than 30 days"...hell, most landlords would of had you evicted already. Your landlord obviously does not trust you any longer and is tired of your excuses....remember this is a business for him. Your not being evicted...just given notice to move within the 30 days. If you don't comply...eviction proceedings are the next step.

Answer 6

First, all evictions appear on your credit report, first page. You may have trouble renting in the future.

I don't know what happens in Kansas. In CA, the Sherrif sees you out and if you do not take your stuff the landlord has to store it for 90 days, then it is his. To get it from the landlord you have to pay whatever is owed, plus the storage fee.

In Oregon the sherrif not only sees you out the door but also sees your belongings to the street, which you either take or the trash collecters get.

Answer 7

I may be incorrect, however without a lease at the very best you have squatter's rights, which, in most states is 30 days notice to eviction. If you are there past that, they can have you "escorted off the property".

They can't charge you late charges if you never signed a lease, as there is no legal agreement, however they can also tell you to get off the property if you have no legal agreement, therefore no authority, to be there.

This is at best a layman's legal view. You need to contact an attorney ASAP to get a professional legal opinion. Do not trust any answer you may receive here completely, as anyone can lie stating they are an attorney on the Internet.

Also, might I suggest going to social services in your city/county/state to get help with housing.

Answer 8

You do have rights in whatever state you reside as a tenant.

Here is tenant information.

http://www.oag.state.ny.us/realestate/guide_intro.html

If you do not have a written lease you are considered to be on a month to month. They can terminate but, usually not without cause. Find legal aid in your area for help on what to do.