roblems my land lord wants us out so he can rebuild on propery and is using this problem of not being able to pay this mounth as an excuse to tell us to get out or hell go to court mind you we gave him 800.00 of our rent can he do this please help in nj
2007-10-11 02:07:47 · 9 answers · asked by carollovesvictor 1 in Business & Finance ➔ Renting & Real Estate
put this in perspective, if you go to the local supermarket for three years and buy food and pay every time, do be live that they should give you free food because you paid fori ti every time for three years?
2007-10-11 02:27:55 · answer #1 · answered by Anonymous · 1⤊ 1⤋
Most lease agreements include a ten or fifteen day grace period. If yours does not, he may start to evict you after one day of delinquency. Most lease agreements also include a clause that says that if they do not start an eviction one month when you are late, it does not waive their right to evict you in other months. Acceptance of partial payment of rent does NOT effect the right to evict.
The procedure varies from state to state, but not by much. If you are late with the rent, the landlord has to post a "Notice to Pay Rent or Quit." This typically gives you three days to bring the rent current or leave the premises. If you do neither of those, the landlord can file what is known as an "Unlawful Detainer" lawsuit against you. (This is typically known as an eviction.)
After the suit is filed, you have a limited amount of time to respond. This can be as little as five days. There will be a court date assigned, and either you or your attorney may appear to state your case and any possible defenses. In a no pay situation, there are very few defenses. One of them is landlord's failure to repair essential items such as toilets, etc. if the tenant repaired and paid for the repairs. That does not seem to be the situation here.
You will probably lose based upon the facts, but you will buy some time. After the hearing, you have some time to move. It can be days, weeks or even longer. Typically about three weeks though. If you do not vacate the premises by that time, a sheriff or other authorized agent can physically remove you and your possessions, lock you out and that will be the end of it.
Since this landlord wants the property back so he can improve it, I'd say it is unlikely that he will negotiate a payment schedule with you. That is his right. No matter how bad it seems to be. What you should do is negotiate a reasonable time frame for you to find a new place to live in lieu of the legal process. A judgment against you will make it difficult for you to rent in the future since it will appear on your credit report.
Tell the guy you understand that he has the right to improve his property, and that you need a little more time to get out. Set a date certain. If the landlord will not agree to that, I'm afraid you are in for a tough time. My experience is that unless there is more to this than you are saying, he probably will work something out.
2007-10-11 02:33:52 · answer #2 · answered by Toodeemo 7 · 0⤊ 2⤋
Yes he can HOWEVER he has to get a sheriff which entails court. If the landlord goes this route which is the proper way to do this when you go to court you have the option of bringing it current which stops the eviction process.
Check your lease. Do yuo have a grace period. Most give you 15 days. Actually I have never seen one without a grace period.
Every state is different an eviction can take 30 - 90 days. Google Eviction process and your state and that should help you answer anymore questions you might have.
2007-10-11 02:22:38 · answer #3 · answered by Belle 2 · 0⤊ 2⤋
If rent is one day late, the landlord can start the eviction proceedings. It does not matter how long you have lived in the property. Many landlords will accept partial payments and hold off on evictions but they are under no obligation to do so.
2007-10-11 02:14:57 · answer #4 · answered by Bostonian In MO 7 · 1⤊ 1⤋
yes and no. First they have to file with the court and the court will evict you. If you have already paid him partical money the court will take that in consideration also. You have will a certain amout of time to pay the rest. If you continue to pay he can not evict you. Also he cant put you out until your lease is up, if you have a lease. Tell the judge that he is trying to evict people to renovate the property and sometimes that doesnt set well with the judge also.
2007-10-11 02:18:59 · answer #5 · answered by J D 1 · 0⤊ 3⤋
first of all, you haven't any longer been evicted, yet. 2d, of direction you are able to proceed to pay employ as long as you reside interior the apartment. you have a month to month tenancy, as presented via your state's landlord tenant rules, via default. people who show you how to be conscious of there is not any employ are very incorrect and are putting you as much as get sued. you haven't any longer been evicted, your landlord is terminating your month to month tenancy. there's a distinction. if your landlord grants suited written observe (according to your state's landlord tenant rules) to terminate your month to month tenancy, then you actual would be evicted in the course of the courts. How plenty observe you're entitled to relies upon on the guidelines of your state, it could variety from 3 days to 60 days, you will possibly could grant the call of your state or Google your state's landlord tenant rules for a superb answer. you're legally obligated to pay employ in the course of the termination era. the owner has no criminal criminal accountability to allow you to stay employ loose so as to save money. Your final landlord became fairly beneficiant with you, on account that he had no criminal criminal accountability to allow you to stay employ loose for 3 months so as to come across a place.
2017-01-03 10:52:31 · answer #6 · answered by Anonymous · 0⤊ 0⤋
yes if you do not pay your rent no matter how long you have been there he can evict you. In my state he has to give you a 10 day notice to either pay or leaave.
2007-10-11 02:28:47 · answer #7 · answered by mandaroc8806 2 · 0⤊ 1⤋
Read your lease, the rental payment details will be there. But if you made your late monthly payment and he accepted it, and you still have a valid contract with him, he cannot legally evict you. Sounds to me like he maybe trying to make you nervous just so you'll leave.
2007-10-11 02:18:47 · answer #8 · answered by Fo Sho! 4 · 0⤊ 3⤋
It is a pretty pathetic thing to do to you after all those years,
What kind of rental agreement do you have? Monthly, or for a year?
It is his property and he can do anything he wants...just find another place to live and move on....
Sorry....good luck
2007-10-11 02:16:40 · answer #9 · answered by James 3 · 0⤊ 3⤋