my lanlord will not except my rent for the 9/07?

Question

my landlord gave me a 30 day notice last month, were in the process of buying a house, we still have not found a house yet. This landlord said she sold the house and the owner want the house vacant, well i call the agent that is representing her house and he told me that the house was still up for sale ( which the landlord lied) anyway every other day she is charassing us to move, we have to get out. i told her to go to the court and i will asked the judge for more time. i lived in this house with my husband and 3kids, we have always payed our rent on time each month for the past 2years that we lived here. We can not get along with the landlord because she is constantly coming in our house when we are not there, what angers me the most is one of my husband friends was in our apt and my husband went down the block and sure enough the landlord came in to our apt and was on her way in to our bedroom, when she notice my husband friend was in the apt, a place like my bedroom so private

we gave her the rent for 9/07 and she did not want it, she said you are suppose to be out. i live in Westchester county, back to the first part how dear she go in to my bedroom. then she send a threaten letter to me saying i can only have 3 kids and no animals, i came there with 2 cats 1dog, i have 2 other kids that live with my mom. i live in a 3bdr 2 bath. since she did accept the rent do i have to tell anyone, court or judge.

oh i dont have a lease

Answer 1

First you should have gotten on the landlord entering thing much sooner. The landlord does not have the right to enter at will without notifying you of a specific reason. Proving past things may be difficult but you may wish to take pictures (date and time stamped) and do a similar sting as you already did.

Lease or not. You have been there 2 years and have children. The landlord realizes that if she accepts payment she has little recourse to boot you in 30 days. She has to go through a huge legal process to do so and show a reason why..... which requires lots of proof and takes time, not 30 days.

You need to be smart and shelve the anger. If you document any conversations with the landlord or anybody else it will stand in court. Was the vacate order in writing and did it state that it was because the house was sold?

I could go on but here is my take. Even if it became a legal issue as you have kids if you simply refused to leave no judge is going to pitch you out. The landlord harassing you says much because she wouldn't if she understood or felt she had legal grounds.

If this is not in writing request (or request another) it to be so stating the reason. Then I would have a friend speak to the realtor and ask for the MLS (realtor web so to speak) printout showing that the house was still up for sale.

If you see that person in your house again call the police and say that you are concerned about someone in the house. The police will let it go as she is the landlord but it will be recorded and ask for a police report. If you have a lease it could be classed as illegal entry.

All of this will get you to a point where YOU can sue bigtime so the landlord might rethink her plans. Personally if you have the credit and funds to buy a house a lawyer can cheaply work this out...... and explain that you will be doing the sueing.

Answer 2

If you don't have a lease, you have a month to month tenancy.

As such either party can terminate it by giving a simple 30 day notice. Whether the property has sold or not has no bearing, if the 30 days is up you need to be out of the property, and if you refuse to leave the owner has the right to have you removed. Yes, at the end of the period of 30 days the landlord has right of entry to the property. No, once the 30 days is over the landlord also has the right to not accept rent, which would start a month to month agreement all over again and require another 30 days notice.

You have been told to vacate, the owner has the right to tell you that since you have no lease, turn off the computer and move. There is no reason the owner needs to take you to court, she is within her rights to terminate your rent agreement upon proper notice.

Answer 3

Call legal aid and ask you should be able to find them in yourn phone book. If you can't then call the magistrate's court in your area.

In most places the written notice to move can be for any reason or for no reason. The fact is she wants you out and unless you can prove discrimination contrary to law she has a right to tell you to move but you have rights too. One right you have is to legal eviction process. That means she has to give you legal notice to move and then she has to take you to court and get an eviction order. At the court hearing you can tell your side and say you want to stay or say you'd like to move and are looking but need more time.

By refusing the rent she is protecting her right because she can notb take your money and still tell you to go. One thing you can do to protect your own rights is to get a money order (because that is tracable and proves you had the money by the receipt you got for it) and send it certified mail so she has to sign for it. You may also be able to simply send her a certified letter telling her that you have a money order for the rent and would like to pay her which is a less strong proof but keeps the actual funds in your hand. be sure the money order is dated now not later so you can show that you had the $ at the beginning of the month.

Generally the landlord is not allowed to come in exxcept for inspections, repairs and to show the place. However it being for sale she could claim that she was inspecting to see that it was in such shape that it could be ahown to a possible buyer and look salable. She can not put you out or mess with your stuff w/o a court order and you can call the police if she does.

She may believe the place will sell better empty or she may have had a contract to sell it that fell through. That happens sometimes when the buyer can't get the financing. It is also possible that someone verbally told her they'd buy if it was empty but hasn't made a formal sales contract. Who knows. She sounds like a person to be rid of as soon as you can find a better place.

Answer 4

I'm sorry, but you've got to get out. The landlord is only required to give you a 30 day notice (in most cases). I agree that your landlord has no business in your house, but the law will side with her on this. Whether the house has sold or not is irrelevant. It's actually none of your business, so she can tell you whatever she wants. If you were given proper notice, you must abide by that. Sorry and good luck.

Additional comment: I believe that she can hold your September rent for the number of days you're in the house. After prorating the month, she should refund the remainder.

Answer 5

Unless you live somewhere with rent control protections or have a lease that has not expired, you will probably have to move. The landlord will have to go to court to evict you--it is a legal process--they can't just lock you out. However, evictions can show up in your credit record so you may want to avoid that if possible. You really should consult with a landlord/tenant attorney to be sure. If you can't afford one perhaps there is a low cost Legal Aid office you can go to? I live in California so I'm not sure what resources are available in your state/city.

Answer 6

She will have to take you to court for an eviction. Begin to gather your evidence now, and when she DOES take you to court, ask your husband's friend to go as a witness. When you get the papers from the court, you need to file an "answer" within just a few days. Your 'answer' will be that you are being evicted on false pretenses and that you are being harassed, and that she would not accept the rent payment. Then file the response with the court, and make sure you GO to court for the hearing.

In your response, do not give loads of explanation. Simply say that you have proof the house is not sold and that you are being harassed and that you will present it in court and that you are requesting XX number of days to vacate. Depending on local law you may, or may not, be able to ask for 'damages' for the harassment, but in any case you would have to prove it, with a witness.

In some states and some local courts they will give you more time; in some they will not. Arrange to put your 'stuff' in storage if necessary and you and the husband stay with friends or relatives until your house is ready, if need be. Make sure you have a Plan B, just in case.

~~NOT to be construed as legal advice, this is practical operational suggestions~

Answer 7

If the landlord gave you the required notice, the rest of your question makes no difference. You are now legally trespassing on private property. You have NO legal rights in this case.