My landlord wants to evict me by the 1st, and it is the 21st. I have only lived here for three weeks, and we haven't even signed a lease yet. Now, here is the whole story. I had about four people on the porch. We were having a BQ, and that wa it. No loud msuc, or yelling. Then one of my guests went down the stairs off the porch. The stairs collapsed, and he fell and broke his elbow. I informed my landlord that the steps had collapsed, and the man had broke his elbow. She tells me i hope you have renter's insurance. I told her that I knew my rights and that renters insurance isn't going to cover this man falling of her stairs. She said," Well, then I want you out by the first. What should I do? Should I stay and fight it? or should i leave and sue her for an unlawfull eviction?
2007-05-21 07:57:08 · 7 answers · asked by ellasdaughter2004 3 in Politics & Government ➔ Law & Ethics
She cannot do so. She has to provide at least 15 days notice for you to move. Your friend can take her to court. with regards to the injury, it is covered by the landlord's insurance, not renters. Renters only protects the contents in the apartment, the actual dwelling and anything that happens to it is her responsibility. She will have to go to court to have you evicted. Here is my suggestion, the rent money that will be due on the 1st, go to the court and ask them to open an escrow account. The clerk will ask why and explain the situation. She might tell you that you have to file a lawsuit yourself, that part I don't know. Anyway, she can try to kick you out but she cannot do so. If on the 1st she tries to enter the premises or change the locks, YOU call the police. She will get the rude awakening she deserves. She cannot treat tenants that way and the police will tell her so. She will have to provide them eviction papers and she won't be able to do it. This way you have documentation on file to take court when necessary.
2007-05-21 08:04:34 · answer #1 · answered by thequeenreigns 7 · 0⤊ 0⤋
I would leave and then sue her later. If you sue her and stay, she can make your life difficult. If you sue her after you leave then you just have to worry about the court case.
Typically, a landlord has to give you thirty days notice prior to evicting, you because there is paperwork that needs to be filled out in court. However, if you don't have a lease agreement that might change things. To be on the safe side you should at least have a consultation with a lawyer in your areas, that is familiar with your states laws.
2007-05-21 10:03:56 · answer #2 · answered by Anonymous · 0⤊ 0⤋
"we haven't even signed a lease yet."
That's all you had to say.
Consider this a lesson. Don't move into a place until you sign a lease. Without it, you're nothing more than a guest, and he could call the cops and have you kicked out for trespassing today if he wanted to. The eviction is perfectly lawful. You have no lease!
2007-05-21 08:18:38 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Contact a lawyer asap. Renters insurance only protects personal property. Your landlord is responsible for the upkeep and safety of the property.
2007-05-21 08:02:49 · answer #4 · answered by Bob-O 3 · 0⤊ 0⤋
i think of you may desire to get advice from the cab whose advice is loose yet I cant see him being waiting to evict without moving into the time of the right channels that could take as much as a minimum of 365 days. solid success
2016-12-11 16:10:07 · answer #5 · answered by ? 4 · 0⤊ 0⤋
Leave. Why put yourself through the misery?
2007-05-21 08:01:14 · answer #6 · answered by CHARITY G 7 · 1⤊ 0⤋
LEAVE AND SUE IT'S THE AMERICAN WAY
2007-05-21 08:08:14 · answer #7 · answered by strike_eagle29 6 · 1⤊ 0⤋