Alesx F
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Your landlord is a joke. He can't evict you for that...even if he could he would have to give you an EVICTION NOTICE not an evacuation notice..... |
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Carylon T
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Go to renters rights on the computer> in florida he has to give you a QUIT notice same as 3 day notice then a 30 then 90 before eviction can take place. And if you have kids good luck getting you out in the next year. Call code enforcement. Yes you can withhold rent but escrow it with the clerk of courts to be legal. If part of your home is unlivable due to leak pay him part of the rent with written letter stating why you with held the other portion. But if he's slumlord like mine move I did. |
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Brown Sugar
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the eviction notice is not valid it has to come from a court. seek the advice of an attorney |
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Beach Girl
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Yes, he can evict you, even with a piece of notebook paper. You can not withhold rent for repairs, you can only bring him to court (but it's too late for that, or put your money in an ESCROW account until the roof is fixed, again too late). You truly need to move before you come home and your stuff is on the street....and put this whole thing behind you. |
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kimmamarie
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If the roof has been determined unstable due to the hurricane and he is telling you to evacuate, then I suggest you move. If the ceiling caves in on you while you sleep, thats your problem.
Yes it can be on notebook paper and no it doesnt have to be notarized. But I would seriously move.
The second thing is you cannot hold his rent that is due to him without a court order. That would cause you far more problems than you want. Pay the rent you owe him up to the date of the Evacuation notice. Then move. Evacuation and Eviction are two different things. |
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Jack W
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He can't evict you with notebook paper, but get ready to go to court - get your lease ready, take pictures of the roof damage (too bad you don't have any before Ike hit), save the evacuation notice - the more written evidence you've got the better off you'll be. Make it a point to remember things you guys say to each other and on what date it happened. |
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reenzz
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1. Every state has procedures that must be followed in order to withhold rent. Most states require that rent be placed in a court appointed escrow account.
2. No...the notice does not have to be notarized. It can be written in crayon on a piece of toilet paper if need be.
3. Advise?...pay your rent and follow proper legal procedures to have repairs done. Don't take the law into your own hands. |
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Azoyu
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Yes. You obviously understand the intention of his note to be an eviction. It is probably for not paying the rent. If you want to stay, pay the rent.
(From what I understand in California all you need is a 3-day notice to pay or quit. If you don't pay you need to leave. If you don't leave then the landlord files a lawsuit, if you don't fght it, you get a default judgement and the Sherrifs help you out.)
In the meantime, go to Home Depot and buy a long plastic cover to cover the roof from the rain leaking through. It worked for us. |
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sshole
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(To legally evict you, your landlord must file a lawsuit in court. If sued, you should receive a Petition and Summons, telling you when and where to appear in court, and what your landlord is demanding. Do not ignore the lawsuit. If you do nothing, a default judgment may be entered against you.)
got that offline but i'm not sure how accurate that is. I was under the assumption that all he needed to do was give you a three week notice and that was it. |
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Julie
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YES he can what you should have done was give him a written work order notarized! make 3 copys one for you hand one to him and send one to him through certified mail and give him 30 days to fix the problem if he doesnt you have the right to withhold a percentage of the rent and hire some one to fix the problem but he can give you a 5 day notice to pay rent and then file on you and proceed with the eviction process!!!! |
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saved_astronaut
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4 starters, I NEVER woulda moved in there 2 begin w/. if it needs fixing, leave it. i hope u learned a valuable lesson from all this.
NOW if u were on Metro Housing the LL NEVER gets away w/ what u described here. tell an atty what U told us here. it MAY b ex r 2 print yer post here & take a copy 4 yourself & 1 2 an atty. |
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Edith
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Eviction notices do not need to be notorazied, and your landlord can evict you because you did not pay rent. Just because something is broken you can't stop paying rent. You should have reported the landlord to the housing authorities when it was first a problem, or you might be able to still. |
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pink dragon
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call the police or go to the police station and show them that you are being harassed that will give you a leg up because now you made a report, also get a copy of that report. second will have to take him to small claims court unfortunately. go to a lawyer one with free consultation so you can get legal advise on what to do. try to find a lawyer that will work for your case, someone that doesn't charge. for example a lawyer that sues the other person in paying so you don't have to. |
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Emin H
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call an attorney |
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BARRY B
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Presumably you have some form of written contract? If so it should state the rental terms and conditions. If no contract exists, or it doesn't mention termination, I would think you can stay put. But I am in the UK. You need to research US state laws. I am sure US answers will help. |
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maxmom56
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Go see an attorney. |
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Chris G
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Yes, he can evict you. I would just go ahead and pay rent. I would also consider contacting an attorney. |
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