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Additional Details
I have ...


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suicidle_p0ptart
Can my landlord evict me, and only give me a week?
Back in the beginning of August, My bedroom window broke.
Well, actually, my bed was kinda up against the window and my pillow applied some pressure to it, and it broke. Leaving my head dangling out of the window at 2am with a piece of glass 3 inches away from my neck.
Anyway.
I told my landlord about the broken window, and he told me that he would get it fixed right away.
So in the mean time, my husband and i put up some cardboard to keep the heat out.
Over and over we kept telling the land lord that it needed fixed.
Well, not really telling him...because he always had someone else come and collect the rent (which was paid on time every month).
Finally, last month we told the person that we werent going to pay any rent until it was fixed.
Lo and behold, 3 days later, someone comes to fix the window.
They "fix" the window by gluing in a piece of plexi glass and then adding 2 wood screws, to i guess, hold it in, but left the card board and broken glass in the window.
To me, the problem isnt fixed.
So, The land lord comes by to collect rent tuesday night, and we told him that we didnt have it because we already spent the money on bills.
Such as electric, water, our gas bill that was over $100 because thats what we have to heat with.
He then tells me "that isnt going to work". Which i still dont understand.
Anyway, He comes back the next night and wants to talk to my husband. He tells my husband that we have a week to get out because we "arent trying to catch up".
We are only ONE month behind, and i had told him that i would give him all of the rent we owe him on the 5th because im the only one working and i get paid every 2 weeks. Besides, I have 2 small kids i need to feed and put diapers on.
I just want to know if he can give us a weeks notice?
We dont have a rental agreement, it was all verbal.
We have the first months rent and deposit receipt along with all the other rent receipts. We live in Oklahoma, and i cant really find any laws stating how long we actually have to leave, or, what the landlord can evict us for.
We were never late on the rent except for this one time.
We've never made a big fuss about anything.
Never had the law to our house.
Just wanted him to fix a broken window...which was never really fixed.
I also want to add that when we first moved in, we had to get the place professionally steamed cleaned to get rid of the fleas.
It was so infested that we bombed the place 15 times before we moved in. We used sprays, borax, salt etc etc. The fleas are gone, but the carpet in the very back room is so damaged with urine and feces that we cant use it.
Not to mention that the house is on 2 breakers and we cant run more than 5 appliances at once because it kicks the breaker. There are SIX other windows that are cracked and missing big pieces. The floors are uneven, the ceiling is cracking, and the paneling where the tub is has mold behind it.
We didnt notice all this stuff until we actually moved in. Except for the fleas.
What should i do?
Additional Details
Putting a piece of plexi glass in a window isnt fixed, Not matter how you look at it.
Yes, I do owe him ONE month of rent, but i told him i can give him ALL of the rent and then some when i get paid again. Then he said we werent working with him.
This was the 3rd time we've seen him since we've moved in.
I just really want to know if he can tell us to leave in ONE WEEK without proper eviction papers.
                     
 




Landlord
Rating
He fixed the window, you can expect to have it taken from your deposit.

Cleaning up the mess is your job. He is not your private maid.

As far as evicting you, he can evict you now. You had no right to force him to loan you money to buy diapers or whatever.

It will take him about 3 weeks to get the eviction court order. You will still owe him the rent, plus about 250 or so for the court costs. The eviction will be recorded on your credit report for 10 years to warn other landlords of your character, or should I say lack of character.



SmartA$$
If you don't pay rent, your landlord can evict you. He will need to follow the correct legal process. Typically this means he has to give you a 3 day notice to pay or quit. After the 3 days notice is up, he can file for an eviction notice. After the deadline on the official eviction notice, you are considered as trespassing if you are still in the unit, and at that point he can have the police remove you by force.

Also, you broke the window, so its your responsibility to fix it or pay to have it fixed. The landlord can bill you for the repair costs and you will be legally obligated to pay that bill.

Since your rental agreement is verbal, its considered a month to month lease. This means you can simply give 30 days notice and move out. It also means that your landlord can give you 30 days notice that he is not renewing your lease for another month (or that he is changing the terms, such as raising the rent). However, if your landlord gives you notice that he's not renewing the lease, he still has to follow the eviction process if you don't leave.

A few other notes:
1. The window doesn't matter. If you occupy the unit, you owe rent regardless of what condition the unit is in. If the unit is uninhabitable, then you can move out. You'll have to present your case to prove that the unit was uninhabitable in order to get your last month's rent and deposit back with no penalties for breaking the lease.

2. Your story about the bills doesn't matter. You owe rent period. Its your own responsibility to manage your own money and make sure you have enough money to pay rent on time. Your heating bill is high because its winter (almost), its not just because of the window. over $100 is nothing. Mine easily reaches $200+ during the winter.

3. The fleas situation doesn't matter. You chose to stay, and the problem was fixes. If it was a current problem that the landlord wasn't taking care of, then you could claim that the unit was uninhabitable and break your lease without penalty, but the problem has been fixed and you chose to stay, so it has no relevance to your situation now.


Sharon T
Rating
You broke the window and you want him to fix it?

Now that he refuses to let you not pay rent, you come up with a whole list of complaints.

You'd better move out before he evicts you because that will make it almost impossible for you to rent somewhere else for many years. You also need to pay him the back rent so work out an agreement and make your payments.

You have a lot of financial pressure on you but that is not your landlord's fault.

As for how long it takes to evict you, read your state law. Look up Landlord/Tenant Act online.


WDOUI
You broke the window and you expect to have the owner fix it? You broke it you are responsible to have it fixed. You broke the lease and now you want to stay? grow up , take responsibility for your actions. Pay your rent on time or move


jeff k
Your first mistake was breaking the window and expecting your landlord to fix it (your responsibility) Your biggest mistake was threatening to withhold rent (by doing that you lose all rights) another mistake is that you seem to be living above you means, your not earning enough to provide proper security for your kids, you need to find cheaper accommodation! the other problem is Why in gods name isn't your husband working to help you pay these bills that you can't afford ?


Gertie
The broken window is your responsibility simple as that.

Be THANKFUL he even put anything there to try to fix the situation that YOU created.

HE CAN SERVE YOU A 3 DAY PAY OR QUIT AGAIN BE THANKFUL HE SAID BE OUT IN A WEEK.

he can evict you for not paying rent how hard is that to understand. Life isn't free you either pay rent or move.


financing_loans
Well first off you already admitted it was your fault so you have no rights, but under Oklahoma Law these are your rights.

Q: What do I do if my landlord does not make necessary repairs or provide necessary services?

A: You must give your landlord written notice of any needed repairs to keep your living quarters safe and healthy (It is recommended that written notice be mailed by certified mail, return receipt requested, when possible).

Your choices (if the defect affects safety or health):

(1) You may tell your landlord in the notice that if repairs are not made in 14 days you will move out in 30 days after the notice and your lease will be over.

(2) If the repair costs less than $100, you may tell the landlord that you will have the repair made yourself and subtract the cost or value from your rent if the landlord does not repair in 14 days.

(3) If an essential service fails due to the landlord's fault or willful act, you can, at your option, by giving written notice:

(a) End your lease and move immediately.

(b) Move somewhere else temporarily. You will not owe the landlord rent while you are living in substitute housing.

(c) Sue the landlord for damages based on the difference between what the apartment or house is worth without the essential service and what you are required to pay under the lease.

(d) Make your own arrangements for the service and deduct the cost from your rent.

(4) If the conditions are so bad that there is an imminent threat to health or safety which is not remedied as soon as conditions require, you may give written notice of the problem and end your lease immediately.

(5) If a fire or other emergency makes your living place unsafe, you may end your lease by moving out and giving written notice within one week.

None of these rights are yours if the damage is caused by you or your family or pet, or a person or animal on the premises with your consent.

Now to his rights. You cant just decide to without rent. The laws above state exactly what you can and cant do. From what you have said you didnt do any of them. For that reason your landlord can say 5 days and you are out. But you do have 5 days to pay them first. After the 5 days you are gone. Otherwise its 30 days, but 5 days for not paying rent.

SECTION 131. Delinquent rent
If rent is unpaid when due, the landlord may bring an action for recovery of the rent at any time thereafter.
A landlord may terminate a rental agreement for failure to pay rent when due, if the tenant fails to pay rent within five (5) days after written notice of landlord's demand for payment.
Demand for past due rent is deemed a demand for possession of the premises and no further notice to quit possession need be given by the landlord to the tenant for any purpose.


JohnGalt
WIth no lease, you can move out if you dont like the electrical system, the fleas, the urine, or for any other reason.

If he wants to evict you, he needs to file a legal eviction notice with the courts, and serve you with a copy. It will have to comply with any time requirements, including usually a hearing before a judge. In most states, it takes 60-90 days to evict someone.

One thing you can do if forced to leave is make a complaint to the health and building departments, who will likely force him to bring the apt up to safe and healthy standards before he re-rents it. If you complain now, you may be out on the street with NO notice if the government comes in.


schwildcat1977
Rating
First of all: you CANNOT with hold rent for things needing to be fixed. That is ILLEGAL!

Yes and no- He can evict you with 1 week notice for non-payment. All he legally had to give you was 3 days notice, so he is actually being nice. The main thing here is that it cannot be verbal. He needs to give you a formal written 3 day pay or quit notice. He must give you a chance to pay before he can evict you. If you do not pay or move out by the deadline, then he can file an eviction with the court. If he does not go thru the proper procedure, then the court will not accept his filing.

As others said. You broke the window so you needed to get it fixed. NOT the landlord. You are lucky he made any effort to fix it. You should have known better than to put your bed against the window to start off with.


Messy Marvin
Rating
In conn. you have a 10 day grace period from the day the rent is due on the 11th day if rent is not paid the land lord can charge you the rent plus 5%. they also can start eviction process in housing court.
you would be severed papers on the process.IF you agree to pay rent and they agree to let you stay you are also responsible for all money landlord paid to start the eviction process.With that said the landlord is not obligated to stop the eviction,but most times will if they get their money.
You are responsible for repairing the widow you broke, you can have it done yourself or the landlord can do it and charge you for repairs because it was your fault.
The landlord is responsible to provide a safe and livable apartment after you move in you are responsible to keep it clean and when you leave it have to be returned in as good condition - normal wear and tear.
a
As far as not having money to pay rent because of other bills is your problem and not the landlords concern.


Sports_Girl
He can do that becuase he OWNS where you are renting. it isnt fair but life isnt fair. and he didnt fix it. If i were you i would leave anyways the landowner sounds like a total jerk


LadyCatherine
Rating
He can tell you to leave but that does not mean you have to leave.. He would have to take you to court and give you at least 30 days to move..

Tho I AM on YOUR side. using the 'I have kids to feed and diaper' is NOT an excuse you can use with anyone when it comes to not paying a bill.. sorry,, that just does not work..

You also can NOT use the condition of the place.. you knew what it was like when you moved in..and if you say you had to cause you needed a place to stay still is no excuse..

with the place being the way you say it is, using plexy glass on a window sounds fine..

I would say , stay, make him take you to court and in the mean time, look for a new place to live..


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