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Our duplex basement was broken into while we were away, a wall was damaged and now the landlord is blaming us, he now wants us to move, we have a lease that does NOT expire until April 2008. We have NOT violated our lease now the landlord wants us to move by Sept 1, 2007 Legally can he make us move? All information is appreciated. Thank you!

2007-07-10 08:54:46 · 6 answers · asked by Kelly W 2 in Business & Finance Renting & Real Estate

6 answers

legally speaking u do not have to move. u did not violate the terms of your agreement as long as you continue to make monthly payments. if he takes u to court than go and prove that you have not done anything to violate the terms of the lease. let him know if he wants u to move than he must pay you 1000 bucks plus moving costs plus ur security.

2007-07-10 09:14:03 · answer #1 · answered by spadezgurl22 6 · 0 0

You'll need to review your lease very carefully. There may be a clause in the lease that states if you cause damage to the property, you are in violation of the lease and can be evicted. If this is the case, I believe the landlord will need to go through the proper legal channels in order to evict you. If this happens, you should have the option to speak in court regarding the eviction and explain to the judge that you were away when the damage was caused. You may also want to provide documention (like a flight confirmation or hotel bill) to show that you were not home. However, its going to be your landlord's word against yours, and there's truly no way for either of you to prove that you were or were not responsible for the damages to the property.

In all honesty, I would start looking for a place. He's given you until September, and do you really want to deal with a landlord who would rather blame you when something happens instead of fixing it?

2007-07-10 16:31:33 · answer #2 · answered by Ari 3 · 0 0

Most landlords hold an eviction clause which states that they can evict you for pretty much no reason, provided that they give you at least 2 months notice prior to booting you out. Look over your lease VERY CAREFULLY. You can try to fight it, but really, I'd start looking for a new place to stay...
good luck.

2007-07-10 16:05:31 · answer #3 · answered by xooxcable 5 · 1 1

No, because if the contract has not expired yet - then he has no right to ask you to leave! He can't do that because everything is on paper! So now he is the one that is violating the lease!

2007-07-10 16:02:24 · answer #4 · answered by Erica P 2 · 0 1

There is a website called tenant information... I think. Try doing a google search for that and they should be able to give you info on the state you live in. Type in tenant information and the state you live in.

2007-07-10 16:04:26 · answer #5 · answered by Bubba 2 · 0 0

No he can not make you leave. Why does he claim that you were responsible?

2007-07-10 15:59:40 · answer #6 · answered by LILL 7 · 0 0

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