My landlord is evicting my mother and I and wants to enter the house?

Question

My mothers landlord is evicting herself and I granted I don't live there full time only when I come to take care of my mother who has cancer. I live in california but he's saying I live there but what ever that's not the point. We just got a letter saying he wants to enter the house tomorrow while were not home to inspect the premises and see what damage needs to be fixed. We are not ready for him to come in the place is still a mess and we currently only have one vehicle I killed my truck the other day so I will most likely be here when he thinks I wont be is there anything we can say or do that can not allow him to enter with out something from the court or something? We have not gone to court yet to find out when we need to be out I read the court can give any time between 2 weeks to 3 months. My mother who has cancer will most likely be given atleast a month if not more to leave. Any help can he enter if we don't want him to?

I live in new hampshire if that matters at all

Answer 1

The landlord can enter with 24 hours notice whether you are ready or not.

Answer 2

Kate, Mary ann and Carrie are wrong. The landlord can evict you for no reason if you are month to month. Now if you have a 1 yr or more lease, then he has to state a reason for the eviction.
Also, the landlord gave you sufficient notice to enter the property to inspect it for damages that may need fixing. This is his right. You do NOT have the right to refuse. You have the option of being there if you want, but if you are not there, it doesnt stop him from going in.
The eviction papers probably say 30 days to be out. If you are not out by then, then he goes to court to get you out. But it wont take 3 months, regardless if your mother is ill or not. If your mother is that ill, then she shouldnt be living on her own. The most it should take for the court to get you out is 2 weeks. (depends on your court system). My advise is start looking for another place for mama to live and start packing.
While I feel for your mother (I have cancer too) it doesnt effect if a landlord can evict her. Her health has nothing to do with him.

Answer 3

If the landlord has given you 24-hours written notice, then he can enter the premises whether you want him to or not -- even if you're not home (although you can request that you be present when he enters). It's his right, and unfortunately there's nothing you can do about it. Sorry.

Mary B: the asker did not give the reason for the eviction. If his mother is disabled, that may or may not have anything to do with the reason for the eviction. It is not illegal to evict someone with a disability, if the eviction is for another reason. Also, the landlord said he wants to do an inspection to see if anything needs repair, and that *is* a legitimate reason to enter the premises.

I don't mean to sound cold-hearted but I'm just giving you the facts.

Answer 4

Mike I'm sorry you and your mother are having such a hard time. But I would simply ask the landlord to hold off coming in until you arrive and have a chance to see for yourself what the situation is. It's possible that you could make some minor repairs before moving out. I caution you strongly, take pictures or video of the entire place once you are moved out. He may be vying to keep whatever deposit your mother put down.

Is it possible your mother could file for some disability and assistance from the county to hold off being evicted? I would check into that right away.

Wish I could help more. But Big Hugs from Minnesota

Answer 5

Call and ask if they can postpone the inspection until you can clean the place. But they as the owner can come into the property to inspect it after giving you proper notice. They have to schedule for work to be done on the house after you leave and they will need to get that done early enough as to not lose rent money. I'm sorry to hear about your mother, and I pray all works out well for her and you.

Answer 6

If your mother has cancer, then she falls under the Americans with Disabilities Act and what your landlord is doing is against the law.

He CANNOT legally evict you if that is his only reason, because you may be spending alot of overnights there because your mother is sick...that doesn't constitute living.

They are NOT going to agree with the eviction, and will ORDER the landlord to make reasonable accomodations, which may require him to renew the lease, given your mothers condition.

However, if you miss that court date, you'll have to help your mother pack..so DON'T miss it.

I would send him a certified letter stating that he cannot enter the residence to inspect for damages, because he has NOT obtained an order for an eviction...he is jumping the gun.

What I think is happening is he knows your mother is sick, and is probably worried that his rent will stop coming in.

PS: The posters that state that the landlord can enter for ANY reason with a 24 hour notice are wrong...the landlord has to have a legal reason or an emergency to enter...and he doesn't have one. If you discover that he has, then call the police and charge him with breaking and entering.

STICK TO YOUR GUNS!

Answer 7

I went through this my self with my bf, as long as you can show proof you lived somewhere else that will X that off. And if you have always paid your rent on time, when eh gives you the notice of eviction, write aletter back stating you object the eviction notice on these grounds. If you have always paid your rent, your landlord can not evict you. phoen the land lord and tenants act. they can help you . ask them about what i just said. I have used that method three times...it works

Answer 8

He should only enter the home with your permission
Or for an emergency ( like broken water line ) .

As he probably has keys , he might enter , but it would Not be legal .

Try to be as civil as possible , and tell him ,
" we regret we can not accommodate your request for entry at this time " .

You are going to have to deal with him until you move because he does own the property .

Tell him no , Politely .

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