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Brown Pit named Blue | Can my landlord evict me for no reason? |
I always pay my rent on time and have not damaged the property. I've lived at this house for 2 1/2 years. The landlord and I have had a few disagreements about small issues, such as how I clean the stove or bathtub. Very minor issues, but I did blow up at her for trying to tell me how to clean my house. Anyway, today she handed me a letter stating her daughter (who is co-owner of the property) has a situation and she needs to move into this house. They want me to vacate within the next 30 days, so her daughter (who supposedly filed for divorce) can have a place to stay. I know she can't evict me, she has to get a court order; but will a judge grant her the eviction for this reason? Help! |
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Grandpa
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YOU KNOW WHAT IF YOU ARE GOING TO GIVE PEOPLE THUMBS DOWN FOR ANSWERING THEN DON'T ASK here you can go and read this web site----http://www.larcc.org/pamphlets/housing/tr_eviction.htm try this see if it helps |
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MIND THE GAP
 |
Unless you have a lease that has not expired, the landlord can evict you for any reason or no reason at all by giving you proper notice.
Please note, this DOES NOT apply to rent control areas. They have their own rules. |
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go_lc_bears
 |
This question has been answered correctly by a few people, but I'd like to reiterate.
My guess is that your lease was for less than 3 years, meaning you've been on a month-to-month extension for a while now. If this is the case, your landlord is not evicting you, she is giving you notice that she is not renewing your lease for the next month. It is perfectly legal for her to do this for any reason unless you are in a rent control area (of which I'm not familiar with the laws).
If you do stay in the apartment after the 30 days you are trespassing, and then she will file for an eviction. If you are not in a rent control area, and not under a lease, I guarantee you will lose in court. If you lose in court, you will have to pay for the extra time you are in the property, and court costs and fees.
I know it's not what you want to hear, but find another place to live, and leave while you are still in good standing and can retrieve your security deposit. |
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tallerfella
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If you are on a month to month basis, all she needs to do is give you the 30 day notice................ |
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Felix T. Cat
|
Yes most rentals are at will (unless there is a lease) which unfortunately means either the landlord or the renter can give notice to vacate with a 30 day notice for any or no reason.
Give me all the thumbs down you want to I rented a home for 3 yrs I was evicted for no reason with a 30 day notice. The landlord was selling the house. The attorney I contacted informed me that this was totally legal because I was not under a lease agreement. |
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kayti
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yes she can make you leave... just like you only need to give her 30 days notice before leaving all she needs to giveyou is 30 days notice to have you move out. |
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David W
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If you're no longer under a lease, yes she can evict you for any reason, assuming she gives you proper notice. SHE OWNS THE PROPERTY. |
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Classy Granny
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In PA yes a landlord can evict for any or no reason. Wanting the apartment for a family member is often the reason. She does have to give you 30 days written notice. It will cost you less money if you just get out of there in the 30 days. If she takes it to court the judge will grant her the eviction. Having disagreements about your housekeeping style doesn't make you a bad tenant and I would ask her to say on your notice to leave is that she wants it for a family member and not because she thinks your a bad housekeeper. Good Luck |
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claudiacake
 |
Do you have a lease? If you do not, then you rent month to month. If you rent month to month, she has fulfilled her obligation to you, and notified you, in writing, to vacate the premises within 30 days. That is all she is required to do. Now, you are required to move. That's the breaks. |
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IN_Houston
 |
Judges do what they want, they don't always follow the laws when it's a situation where no one is wrong and no one is right. If you go in convincingly you may win, but then you may not. I read somewhere that the person who is the one that takes initiative to sue someone else, is usually the winner. People don't usually sue someone when they know they are wrong.
Landlords can be jerks, mine threatened to remove my locks because I use them. |
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Kimmy3
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If you still have a signed lease in effect, then she has no grounds to evict you. She also needs to follow the legal path for eviction. However, if your lease has expired, then you are living there month to month and she has fulfilled her obligation. But to answer your question, yes she has to get a court order. She cannot just oust you without a logical reason. What the judge does really depends on the laws and regulations of your state/county. If you are required to attend the hearing, then you can plead your case and ask to stay until you can find a place to go that you can afford. I would contact a lawyer and seek advice on this. It costs nothing to ask a question. It may also be worth your time to talk to the local Sheriff's office since this department is the one that goes around and serves the notice of eviction. If you ask a question and they are alerted, then they may be able to do something for you or be able to direct you in the right direction.
Worst case scenario is finding another place to live. Sucks I know, but its life...I guess. Good luck. |
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whatevit
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You can not be thrown out of the apartment as long as there
is a lease. If you are on a month to month lease.
"Put in writing to your Landlord that you will move in 90 days
or 120 days", make sure you keep a copy of this letter.
I know this is not to her liking and will upset her, but she
can not force you to move as long as there is no cause.
It is possible that she may throw you out, then you file suite
and stay at a hotel, the landlord will result in paying for it.
You will be paid cost plus damages. |
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paperdoll198
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You didn't mention whether you have a lease or not. If you have no lease for this year, then you have to vacate. But she'll have to give you a good reference for paying your rent on time every month you rented from her. There's planty of rentals around, and though it's a pain to move, it sounds like your not dealing with quality people anyway. This is why I'm not so keen on renting from investors, a lot of them are flaky! |
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ann
 |
She is the one in violation of your lease. She agreed, in the contract (lease) that you have a right to live in the house for the term of the lease.
Her cheapo loser daughter can get her own place to live.
And she is completely out of line telling you how to keep house, she only has a right to charge you a cleaning fee against your deposit at move-out (seems like you can count on that no matter what you do).
This goes with my rule, never rent from an individual, always use a professionally managed place. |
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Dr.Henry17
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Yes. In most jurisdictions a landlord can evict you if they need the property for themselves or an immediate family member. |
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col. Kurtz
|
In Calif she must give you a 60 day notice to quit; for any reason if you're month to month.
Unless you live in one of the following socialist republics: SF, Oakland, SMonica, L.A., West Hollywood, and yes, even 90210 Beverly Hills has a rent control ordinance!!!....then no, you cant be evicted willy-nilly.
You may however, have a case for retaliatory eviction.!!! if you kept a proper paper trail of this Ogre, this monster's intrusive behavior. you may be able to convince a judge she's just being a Dickensonian Landlord in which case I would call in Inspector Javier.
BTW: if the landlord becomes angry cuz you use your locks I wouldnt be sleeping in the nude too often.... |
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mich06mads
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If you are on a lease she cannot evict you for no reason. To be evicted on a signed lease you murt have damaged the property, not paid rent, have had illegal substances on the property or the house has sold. If you are on a periodic lease (month to month) depending on state and country she does not have to give you a reason to evict you. Although its 60 days notice in writing where i am. So if you are on a periodic lease you have no choice but to move once the time has expired. Check with some real estate agents in your area and they will give you some advice to help you. Good luck |
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rHianNoNlaNd
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Actually no she cannot evict you. You need to look in your phone book and look up the something landlord hot line. From small towns to big cities everywhere most have them. Oh it is called the tenant landlord hot line. You call them and tell them what is going on. You show all of your rent receipts and such and take pictures of the property. Explain you situation to them. They should help you, especially if this goes to court. Good luck. I hope this helps. |
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iloveredbull12
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I'm sorry i thought this was America! She can do what she wants! |
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DEATH_WATCHER
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hell no sue that a hole get a good lawyer first and document the reasons why he is trying to evict you and if he has none and you have a good arguement you'll probably win |
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axaroth
|
I don't think the judge would evict you for that reason unless the lease you signed allows it. Which I doubt--- that would be an odd lease term.
Leases spell out what you can do to break the lease (usually you forfeit a fixed amount of money--- check your lease.)
You could take advantage of the current situation if you want and offer to move out if they pay you, say, $1,500 to break their lease with you. Or you pick whatever amount you want.
It will cost them a couple grand and some time to formally evict you, if they are even able to. It'd be cheaper to just pay you to leave the lease.
Kind of depends how many months you have left on your lease and how much you want to stay. |
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sweet_peach717
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um no, that is beyond absurd.....take it to court....she will get charged for something! |
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hollyyy
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from what i remember from business law class,
no she cannot evict you for no reason. she can refuse to renew your lease once it is up, but she cannot just kick you out.
if she does, you could sue her. |
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cOVagUrL
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NO NOT REALLY |
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Anonymous8
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Oh my oh dear just from reading your little rant I've come up with 4 grounds for eviction and have notified LAID (the Landlord Agency Into Discrimination) and they will be there shortly to kick your home. Good luck though dearest. |
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