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Andrea | Can I legally do this to my landlord? |
My mother is my landlord. I called the police on her yesterday they said if i called them about someone will be arrested. so I have now typed up and signed my own 30 day notice.
You are not welcome here until we move out.
DO NOT COME BACK UNTIL THEN.
This is my 30 day notice.
It is legally binding. I, MY NAME and my family will leave within the 30 day time frame starting as of today Friday, July 4, 2008. WE DO NOT feel SAFE or comfortable with both you (THEIR NAME) since you have threatened and talk about ending/murdering my (MY NAME) life. I (MY NAME) and any threatened tenant will NOT hesitate to call the police if you bang on the door or let yourselves in without permission and approval of every person within the current household.
SIGNED
This 30 day notice has been shown to ever person over 18 living within this household (my 3 brothers and husband)
Additional Details
I did not tell the police she had threatened my life I told them I wanted them to leave me alone and to not be in the house. Even after the police left THEY DID NOT LEAVE. |
 |
 
bklyn_40
|
I wouldn't. DO NOT COME BACK UNTIL THEN sounds like a threat. Stating that it is legal binding is FALSE, unless it is notorized & filed through the courts.
You say you'll call the police if they bang on the door or let themselves in without permission. It would be your word against theirs. Also, they can always say they thought they heard/saw or smelled something that thought required immediate attention.
Needing approval of every person within the current household is not true & cannot be enforced. This implies everyone including those not in your apartment, but in the building must approve. This is not so.
Sorry you are having so many issues, but I would definitely seek legal advice. Withholding info from the police was a big mistake because if they are called again & you bring it up, your mom can deny it & the cops will doubt you since you withheld the info previously.
Good Luck |
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$andman
|
If you were threatened,take out a restraining order... |
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ebosgramma
 |
Your question is confusing.
If you rent a unit which your Mom owns but does not live in with you then she must follow the laws of your state pertaining to landlords. Usually a landlord must give 24 hour notice to enter a rental unit unless there is an emergency. You can just write up a 30 day notice (if you are not under a longer lease) without giving any reason and leave before the beginning of the month following the 30th day. For example if you gave notice on July 3rd and your rent is due the first of every month you cannot move out Aug 3rd since it is past the due date for Aug rent. You must pay full August rent. Your notice to vacate really should not give any more info then needed such as why you are moving out.
If you live in a unit with your Mom then what you have written up is in effect an illegal eviction of her. You cannot throw out another tenant, only a judge can do that.
You really should request a restraining order if you have been threatened. The judge could make your Mom move out if you can show that she has threatened you and you are given the restraining order since you would then not be able to live in the same unit. |
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FlyingT
|
I'm a landlord, and the laws of my state give the tenant an expectation of privacy. In other words, I can only go in with the tenant's consent, OR at reasonable times and if I've given reasonable notice, OR in an emergency.
So if I'm trying to go in at 3AM that would probably not be a reasonable time. Or if I give them like 10 minutes notice that would probably not be considered reasonable. The law is designed to prevent harassment of a tenant by a landlord.
Now if I'm driving by at midnight and see water pouring out of a door or flames shooting out a window, the emergency clause would allow me to enter. |
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Nancy L
|
If it is your mother no judge will take it seriously even if she sues. Just leave. Don't fight. Don't wait. Just leave. If you call the police again they could even arrest you. Even if it is her fault. They don't want people fighting and will have to arrest someone (usually the person who looks the most upset) to set an example. Then you have to go to anger management for a year, its on your record. |
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jeffh361
|
It's your mom, so just go! But yeah, you gave the proper 30 day notice....as long as you didn't sign a long term lease with her that hasn't expired yet. If you did, she can hold you to it. |
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Anonymous
|
I really cant say the legality of that, but if the person seriously ment what they said I would do whatever it took to get out of that sittuation if it comes down to it you may need to call the police on yoru landlord and thel them all of the information.
It may not feel like thats the right thing being that your mother is your landlord but would you rather be sad your mom is in jail and be safe or would you rather her threats become reality I would say its an easy choice just make the call if it comes down to it. |
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KKup
 |
You can give your landlord 30 days notice.
You don't need to put in the notice why you are moving out. It is probably best to leave it out.
You can't prohibit the landlord from visiting the property, but you can request that she give you 24 hour notice before coming on the property.
If you feel threatened and are not happy with the fact that she can come onsite, you should get a restraining order. That would keep her from trying to give 24 hour notice all the time.
some states have good landlord tenant rules, you should see if you can find them online for your state. |
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kdvg2000
|
I dont understand your question.. |
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lila
|
get emancipated
sorry to hear about the family troubles
x |
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estielmo
|
All those nasty details are not necessary. A simple Thirty Day Notice is enough.
However, it is significantly dicier telling her to stay off the property, she is the owner/landlord. Again, without all the nasty details I would compose a simple separate notice that said something like: "As regards our family relationship I am hereby officially serving you notice that you are not welcome in my home. For the following thirty days I respectfully request that you delegate someone else to fulfill the necessary landlord duties. All communication between us must be in writing."
Keep it simple. Putting all the nasty details in the notices will simply make them confusing should court action be necessary. |
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sickofdeadbeats2
|
If I was you I would RUUUNNNNNNN!! You should have told police about the threats then they could have made it legally binding..unfortunatly its not . Next incident Please tell the cops everything. Why is your mom so mad? I dont want to say try giving the paper to your mom because they may tick her off even more...so I would say try to talk nice with her and kill her with kindness,,Then when you are leaving tell her to stick it!!! Good luck I hope it all works out!! |
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