clgii1
09-20-2006, 01:41 PM
My landlord posted an eviction notice on 9/17/06. Landlord claims reason for eviction are: QUOTE "Due to braking of contract of additional occupants that are not on the lease or in fore said contract. Additionally the conditions of the property are not as fore said contract states. I E, trash in the yard, uncut grass, no electric, no running water, broken windows, deterioration of domain. Renter must contact landlord within 30 day notice, to return to the property and collect personal items." The eviction notice had no address and the only contact was a cell phone number. The eviction was not court ordered. There are no additional occupants. There is running water. The landlord gave no opportunity for tenant to remedy disputed issues. Rent has been paid through 9/30/06 by FEMA and by tenant through 11/30/06. This happend because landlord claimed he was not paid by FEMA. He threaten evicion if I didn't pay him two month rent, so I wrote him a check. A week later FEMA provided written documentation to support payment and lanlord refused to refund the two month rent. He :o said he would add two months to the lease. Then THIS!!!!Advise Please.
demartian
09-20-2006, 02:08 PM
An eviction notice comes from a Court, was this a court document that was sent Certified Mail to your last known mailing address? If not, then it is not valid, the landlord needs to go to court to have you evicted.
Do you have pictures of the rental unit to show that the items stated are not in disrepair? I suggest you take pictures now and keep everything that happens fully documented just in case he does attempt to have you evicted.
BROOKS
09-20-2006, 02:25 PM
You did not get an eviction notice, you got a lease termination notice. If you are on a month to month basis then you will have to vacate at the end of 11/30/06. Most landlords would not have indicated the reason for termination of the rental agreement(M2M tenanancy), unless they had proof to back them up. They are in the business of making money and terminating the agreement is contrary to their business practice unless they had good reason. You might want to evaluate why your LL feels the way he does and what you can change in your lifestyle to make him want to reconsider letting you stay. I don't know if you have a lease, or a monthly agreement, but most states do not require the LL to state a reason for terminating a M2M tenancy.
demartian
09-20-2006, 02:36 PM
If this is a FEMA setup, which I thought had expired a few months ago, the lease and rental terms for those were a bit different than your average month to month setup.
clgii1
09-20-2006, 02:42 PM
My lease is for one year, starting 7/01/06 ending 6/30/07. The notice was not from a court. It was a note taped to my door with no return address. I told the landlord that I thought an eviction notice had to come from a court and he told me he used to be a deputy and he know the laws and if I was not out in 30 days he would throw all of my belongings in the dump. This is the first time he ever rented this property. He just inherited it from his grandmother.
demartian
09-20-2006, 02:55 PM
Take pictures of the rental unit and all of your belongings so you will have an accurate account to take him to court with when he attempts to do that.
He would be liable for the cost of all of your belongings if he were to throw them away. Even IF you were legally evicted, he would have to wait for the Marshal to come over and remove your items to the curb for pickup. He can not touch your stuff.
Heck, I can go to my local police station and become a deputy after just a 20 hour course... It doesn't mean that you know anything about the law. Although, it could mean that he is friends with the local police. Legally, they still couldn't do anything though.