bull_rooster_aardvark
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Not great news here, but if you have no lease then he has to give you proper notice (probably 30 days), and if you don't leave after that he can then evict you. If you have a lease he must abide by the lease and can't evict you if you are following all terms on the lease.
If you have a lease and it requires you to have renters insurance then you must get it or he can evict you for not following that part of the lease.
If you are late with your rent he can begin eviction proceedings when you are late (even if you are just one day late). If you then pay him he must halt the eviction proceedings (he does not have to accept partial payments - if he does accept a partial payment he may have to restart the proceedings, or maybe not - depends where you live).
Where I live if he begins eviction proceedings 3 times for any reason and then halts them 3 times (assumedly because each time begun you later paid the rent or fixed the problem for which they were started). If he then has to begin eviction proceedings a fourth time he is not obligated to stop the proceedings even in you pay the rent/ fix the problem (but again thats just where I live, laws may be different wherever you are).
So, if you want to avoid eviction pay him the rent ASAP, say you are very sorry for the inconvenience and get it to him on time in the future. Don't get into arguments with him, if he gets mad just don't take it personally, just nicely say we are doing the best we can and thank you for working with us. About the renters insurance, its a good thing to have and you may want to get it for your own peace of mind. If you don't want to get it you could just ignore the request and see if he drops it too (I'll bet he does if everything else is going ok), however if he insists on you getting it and its in your lease then you will have to get it (if you have no lease you are not required to get it, but again with no lease he can just give you notice and then evict you so its a good idea not to antagonize him in this situation - only time you really wouldn't have to get it is if you have a lease and its not in the lease).
Best luck, and remember though he may have the right to evict you for various things he really wants to keep the place rented and if you are paying your rent as best you can (even if its a bit late) and being nice he'll probably work with you within reason as he doesn't want the hassle and cost of finding another renter. |
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Classy Granny
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It's a sad situation, but yes, he can evict at any time and doesn't have to give you a reason as long as his notice gives you 30 days. |
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estielmo
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"...of course words went back and fourth..."
What do you mean "of course?" You asked a HUGE favor which he reluctantly granted and after you mouthed-off he said "deal's off." He sounds quite reasonable there.
As far as Renters Insurance, it is required in many leases. Did you double-check yours? If it's in the lease you MUST have it, if it's not then you don't need it (though it's wise to have). |
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moondrop000
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He doesn't need a reason if he gives you 30 days. But frankly, he has a good reason as there was an argument with your husband and you are paying late. Sorry. He has to give you 30 days. |
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yea |
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Why breed with pets in need?
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Yes, he can evict you for not paying your rent on time (which is technically on the 1st). Verbal agreements rarely hold up in court.
About the rental insurance- that is weird because as far as I know you are not required to have it unless it specifies so in the lease. The landlord should have homeowners insurance on the property. Rental insurance generally covers the renter's belongings.
My final two cents is that if I were you I would be pissed at your husband. It was his job to talk to the landlord to get a rental extension and instead he pisses the landlord off! |
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Debra G
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It is your obligation under the lease to pay the rent due and on time and in full on the first. Of course the landlord was "nasty." He wants it when it is due,not when you feel like paying it. There are too many qualified tenants to put up with someone that doesn't pay the rent on time and in full. My experience is when you let a tenant pay 1/2 and 1/2 or late, it will start to happen all the time, even if they say it will never happen again. I could just picture the bank if I told them that I couldn't pay the whole mortgage payment, but I will pay 1/2 on the 8th and the balance on the 15th. I would be laughed at! We have also evicted tenants that we can't calmly communicate with, who decide that they want to tell me when they decide they want to pay. My bills won't wait, so I don't expect my tenant to make me wait. |
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Erin
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He can evict you but he must give you 30 days. Even then, if you don't leave, he can't cut off any utilities or change the locks. It will take a long time before the sheriff comes and kicks you out. I wouldn't worry. |
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alicialions
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If you have a lease/contract then no...unless he can prove he feels unsafe because your husband did something like try to attack him. He can evict you Contract or NOt for not paying your rent...but if he is too stupid to put the real reason down then , well....
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Applepie
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If you want you can be nasty about it too, he can't legally evict you directly, he need to call police, police will give you a notice and time period to move. Landlord's notice time and police notice time can add up to 3 month. Just make sure, you don't have any money for him to sue. Make him understand that. |
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samiesam
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read the fine print in your lease, it will clairify it. I went through something similar once, and my lease mentioned I had one week grace period, but was charged a $35 fee for being late. |
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t b
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An eviction is a court order. It will take him at least a week or 2 to get the eviction notice. Than you have a little bit more time to get all your possessions out. But yes a landlord can evict you for pretty much anything, it is their property. |
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peppermints@tnt21.com
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Eviction is doing it. Pay up and he only has the right to give you proper notice. Then your time limit to find another location is whatever the law is. |
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Marie F
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check on nolo.com. But since the landlord owns the property, I suspect he has the right to do whatever he wants with his property. If he thinks he can get more rent and/or more dependable renters, he probably would want to do so. |
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RenaissanceMom
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It all comes back to your rental agreement. It should clearly outline grounds for legal eviction. If he violated your agreement, he's got a lawsuit on his hands. |
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Robyn
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he probably has the right to because you have no proof..but that doesn't make it right. If you want to fight you might need a lawyer. |
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tonalc2
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Of all the things you mentioned, the only thing he can legally evict you for is non-payment of rent.
If it is not stipulated in your lease, he cannot retroactively require you to have renters insurance.
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Tom P
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The answer depends on your state and local laws and on the lease agreement. You need to provide more information for an accurate answer. |
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Chinook Boy
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If you have a lease he doesn't have a right to evict you because he doesn't feel comfortable with you because he had an argument with your husband. However, nonpayment of rent is usually a good reason to commence an eviction action. Based on your statement that you were "totally unaware" that you were supposed to have renters insurance, it sounds like you have a lease (because otherwise how would you be required to have rental insurance). If you do have a lease, READ IT! It controls your rights and provides sounder information about them than most people posting here. |
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C-Los
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Well his problem with you and your husband sound more like a personal problem rather than business. But anyway he can evict you for any reason unless you bring the law in and better not do that without a lawyer |
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Mike P
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He can evict but you are entitled to I believe 60 days till eviction, The way your relationship has soured with the landlord it's best you go. |
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Cribber
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If you don't have a lease contract, then yes. |
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John C
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Read your lease. Is it month to month? For a year? How can he evict you? Most require at least 30 days notice after the lease has expired. With no lease it means you are month to month and he can give you 30 days notice. |
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bershnark
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i dont think so...he said yes in the first place, so i think that he should stick with it. im sorry that this is happening to you :( |
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Dreamer
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If you have a contracted lease then no legally he can not. If you do not have a lease then yes he can |
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