The reason they gave was that the children were too problematic. Always paid rent on time.
You live in a 3 brm apt, and have 4 children, and they say "too many people live in the apt."
Is it legal for the manager to do this to my friend?
Please help me my friend is a single parent with no money & no place to go.
Also, one of her children is disable.
2007-06-28 06:43:33 · 12 answers · asked by castillo5247 2 in Politics & Government ➔ Law & Ethics
Have her take the lease to legal aid and ask them to review it. She needs to be sure she has a valid lease and it's not an eviction notice, but a refusal to renew a lease that has expired or not been renewed. In any case, she needs to start looking; if the landlord wants her out, odds are she'll be gone eventually.
2007-06-28 06:48:00 · answer #1 · answered by wizjp 7 · 0⤊ 0⤋
I am a landlord. I try to follow the letter of the law on these questions. If the tenant is on a month to month lease, or it is a one year lease that is ending, the landlord may give a notice to move without giving any reason. He may give a reason which is not the real reason. It may be that he told her the real reason, but she could not emotionally accept the reason and has blocked it from her memory. It could be that the lease had not expired, but she broke numerous rules concerning the rental. If she is in breach of the lease, she could be evicted. In my state, if the tenant is given a notice to move, and they do not move by the deadline, they defeat the eviction in a court of law, or they will be liable for double rent for the time they stayed after the date they were suppose to leave on the notice.
2007-06-28 07:08:54 · answer #2 · answered by Bibs 7 · 0⤊ 0⤋
It's going to depend on what the actual lease stated were the limitations on people living in the apartment, if that's the reason that the landlord gave for an eviction notice. She needs to determine what the reason given for her eviction notice was and see if that is really in accordance with her lease/tenant laws.
2007-06-28 06:47:03 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If I were in that situation, I'd contact a lawyer for a consultation on what her rights in her state are.
She may be residing in a state which has just cause eviction controls. JCEC are laws that protect renters by ensuring that landlords can only evict with proper cause, such as a tenant's failure to pay rent or destruction of property. While JCEC provide such protections for renters, landlords retain full right to evict a tenant for breach of rental contract. Just cause evection controls are an important tool for promoting tenant stability-particularly in low vacancy and expensive housing markets-where landlords may be tempted to evict tenants in order to obtain higher rents.
Check www.lawyers.com
Most lawyers offer free consultations even if its determined she has no chance for recovery. But the fact that one of her children is disabled also will play in her favor.
2007-06-28 06:52:17 · answer #4 · answered by nellbelle7 5 · 0⤊ 0⤋
That seems a little questionable, but there are laws about the number of people in a house and you would have to look at the lease, sometimes the lease will say how many people are aloud to live in the apartment/house.
2007-06-28 06:47:41 · answer #5 · answered by Jessica 5 · 0⤊ 0⤋
Landlord-tenant laws vary from place to place. Your friend should check with legal aid where he or she lives. No one here can give you a definitive answer but, absent a tenant statute providing to the contrary, a landlord can ask you to move for almost any reason or no reason at all.
2007-06-28 06:47:23 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Need a lawyer to look over the lease, if the landlord violated lease then she can stay, if she is in violation then she is gone.
2007-06-28 06:47:40 · answer #7 · answered by gymrat0187 4 · 0⤊ 0⤋
one their is no way a landlord can put out someone with kids especially one is disable. she pays her rent on time.. she need to file a report with the department of housing.... and mostly she may have to take the landlord to court... no judge is going to let your friend move.. this landlord is very wrong and can be sued... just remember please continue to pay your rent...
2007-06-28 06:50:18 · answer #8 · answered by umilta a 2 · 0⤊ 0⤋
She could fight it, but the harsh reality is since it is their building as long as the file the proper paperwork they will probably succeed! Sorry!! Good luck!
2007-06-28 06:50:25 · answer #9 · answered by Tactical Medic 5 · 0⤊ 0⤋
I'd have to look at the lease, but my guess is that your friend has to leave.
2007-06-28 06:46:35 · answer #10 · answered by ilovespacebars 2 · 0⤊ 0⤋