What you do if you are being wrongfully evicted from your place?

Question

My friend and her family got a eviction notice from their apartment manager and it does not say what they are being evicted for. They just got it a week ago, and they have been trying to get in contact with the manager, but no luck. So they have 60 days to leave the apartment. They just want to know what rights they have as a renter. What could they do to stop being evicted because they know they are being evicted for nothing.

My friend and her family have a month to month renting their apartment and they told them they were being evicted because one of the children was talking and hanging out with too many people out in front of the property.

Answer 1

Do they have a lease or is it month to month?
Have they had any issues in the past (that they know of)?

Depending on these answers, yes, they may be evicted lawfully, or perhaps NOT!

They need to GET IN WRITING the reason WHY they are being evicted, THEN come back and ask us again.

Answer 2

I know this is an old issue, but in case anyone stumbles upon this issue again:

First, it depends on the state. Second, in a month to month tenancy, so long as the proper filing requirements are satisfied, either party may terminate the tenancy for "any" reason. I put that in quotes because the landlord cannot evict you for being a member of a legally protected class (e.g. disabled, race, etc.) However, the burden is quite low to prove that they are evicting for a different reason, and then the burden shifts to the tenant who has a very high burden of proving that it really is discrimination.

60 days is very generous for an eviction, by the way. The rule in NY is one full month plus a day. So, if a landlord wants to retake possession on March 1, they must serve the eviction notice on the tenant by January 31. If they serve on February 15, then the tenant will have until April 1.

Answer 3

Their best course of action is to immediatly contact their local Landlord Tenant Board. They have branches in every major city in the country and many online resources as well. I just googled it and got the board addresses for every province. They will have all the information your friend's family needs to make an informed decision.
Also, I have found from the experiences of some of my friends, that it is VERY hard for a landlord to actually MAKE you leave. The police won't help and the landlord is left waiting for a court date and a judgement which of course gives you ample time to find a new place and you're living rent free (who's gonna pay for an apartment they're evicted from, right?)

Answer 4

They need to check their lease which they signed when they moved in. It will state everything about the eviction process to them in there. If they still feel that they are being ripped off by the apartment manager, then they could go to small claims court. I would definately hire an attorney who knows about this kind of thing so they don't get the wool pulled over their eyes. If you don't know of one, you can go to the courts and ask them for a recommendation. Good luck!!

Answer 5

Often, at the end of a lease, (or month to month lease) the owner/manager has the right to issue a Notice to Vacate and no reason must be given. (Just like a tenant can issue his/hers intent to vacate without stating a reason.) If it is in the middle of a lease term, then the notice must state the reason and specify the breach of the lease terms)
If they are in the middle of a lease term, then your friends should contact the local landlord tenant board. In Baltimore it is called Baltimore Neighborhoods. If it is a large management company, it is likley they are functioning within the law. Private landlord amy be trying to get over or ignorant to the law.
In any case, you have to ask yourself, if they are good tenants that pay on time and do not break any of the terms of the lease Why would the landlord want them gone. Something is fishy. Your friends are not likley to be model tenants. Are they habitually late with payments, noisey, dirty, loud, unauthorized pets, roomies, illegal activities?

Answer 6

Yes u can fight this very much.If it's already been sent to tribunal then that means u don't have to pay the $40.00 for the papers to fight this, otherwise u have to go to tribunal n pay to get these papers to serve them n let them no u r fighting this.If u feel as though there is absolutely nothing they can use against u then I would throw in u want 2 months free rent for the trouble,time n the money for the papers served.U can get a lawyer ( duty-council),i think that's what there called n u tell them what u want n they suggest what u asked n see if it can be resolved b4 going into court n if they agree then u discuss with them n a mediator in a rm.Sign papers n be on your way.If they don't agree then it goes into the little court room.Good luck n hope that helps.

Answer 7

Usually a landlord can evict without cause. They put that into the language of the lease.

They can consult an attorney and have him or her go over the lease, but most of the time it is in the landlord's favor.

Answer 8

In most states, either the renter or the landlord can end a rental agreement with 30 days notice for any reason, or for no reason at all. I suspect your friend and her family are being less than completely honest with you...Think about it, if you owned rental property, and had a tenant who always paid their rent on time and never caused any difficulties, why on earth would you want them gone?

Answer 9

It was written in the lease in my old apartment that they can evicted for any reason with 60 days notice. It all depends how the lease is written.

Answer 10

Do they have a lease? If it's a month to month rental, the owner can give them notice at any time. If they have a lease, and are abiding by the terms of it, then he cannot make them leave until the end of the lease.