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Jaimz O | My Lease agreement which my landlord calls generic states that he can evict me at any time is that possible? |
I would like more than anything to give him notice that I'm leaving next week but I fear that he will go through channels to get me kicked out, eventhough my deposit should cover most of my back rent I'm still fearful of the amount he would want to sue me for or get me evicted for cause his number do not equal mine he renegs a great deal. Any advise would be great! |
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halestrm
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Evicting someone is not easy, and without proper notice he cannot just evict you. On the same note, be careful, you most likely cannot give one week notice. Read your lease agreement carefully. Most likely you will need to give a 30 day notice as of the first of the month.
Also, most likely your deposit will not cover back rent. Most contracts state that the deposit is cover cleaning and repair costs. He can apply whatever is left (if any) and charge you for the balance of the back rent, late fees, admin fees, legal fees.
I would suggest sitting down and negotiating a settlement of the situation first. Put it in writing and amend your lease agreement. Understand the landlord owes you nothing and is not required to negotiate with you.
I am unsure what state you are in, but search for your states abbrev followed by landlord tenant act. For me it would be AZ landlord tenant act. You should find links ending in .gov or edu that will explain your states laws to you.
UPDATE
In response to that say he can be evicted at anytime, there are parts of the landlord tenant act that prevent this. In all states the landlord must serve a notice saying they are behind and must pay by (occurs in 3 to 10 days depending on state) and if they do not pay in full they will terminate the lease. The tenant now has another 3 to 10 days to stop the termination. At the end of the period, the landlord must go to court. If the tenant pays in full prior to the first court date, the lease is back on, if not the tenant can show up and claim they are not guilty which starts a new clock.
Eviction is not easy, it is very painful. |
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OG
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A landlord may evict a person at their will or for no reason at all. |
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reenzz
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So you want to leave and yet you are fearful your landlord will kick you out...very confusing. Stop stiffing your landlord and pay your back rent. Security deposits are not in place to cover rent...they are there for damages. Yes...your landlord has grounds to evict even if you are only one day late with rent. He will take you to court, have you evicted, get a money judgment against you, effect your credit and garnish your wages....and forget about getting another apartment elsewhere.......Sounds like your a nightmare tenant. |
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NeighborLady
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No, he can't evict you at any time. Give him written notice that you will be leaving at the end of the month.
If he chooses to sue you, the judge will make your numbers jive; the landlord will have to have records to prove what you owe, you will have the opportunity to present your own records to dispute the amount. And he has an obligation to rent out the place as soon as possible. He cannot sit on an empty unit just to gouge you. |
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kt_b_blue
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If you signed the lease, then yes.
If you asked him to change that before signing, thats between you and him.
That is part of most generic agreements. He is the owner of the property - tenants generally don't have many specific rights, unless they ask for them to be included in the agreement. |
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Not Laughing w/ U
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An eviction is a court order. He cannot evict you. That is a term that is often misused. Read this: http://en.wikipedia.org/wiki/Eviction
Other than that I can't understand your question. |
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sortaclarksville
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Most likely you are required to give him a 30-day notice. And, yes, a landlord can evict you at anytime if that is how the lease reads. Normally, after the original lease is up, it rolls to a month-to-month lease and normally they have to give you 30-days notice if they want you to leave. But, if you are behind on rent, then that is cause enough to make you leave and he has every right to start eviction proceedings.
If you break the lease, you forfeit your deposit because of that. You are still responsible for back rent, and the deposit most likely isn't going to be used for back rent. So, you will lose your deposit and still owe him for back rent, and he most likely will sue for that.
I'm not sure why you say your numbers do not equal. Whatever you signed the lease agreeing to pay is what you owe. So, that should be pretty cut and dry. |
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yellrbird
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Landlords can evict residents with good cause. Not just because they want to. Depending on where you live you need to give proper notice (30 day etc). If you live in CA your landlord needs to properly serve you with a 60-day notice to vacate (again, with good cause). If you did not pay your rent were you served a 3-day pay or quit? Call your local Fair Housing agency for further info. In regards to your security deposit... be sure to take lots of photo's when you vacate. |
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just me #1
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consult a landlord tenant act for your area before doing any thing. so you are behind on the rent? he can (usually) charge for no 30 day notice being given (equal to 1 mo. rent) then he is going to charge for any cleaning and / or damages that may be in the apartment when you vacate. all this on top of the rent you are behind on. |
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linkus86
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If you aren't current on your rent you are in breach of contract on your lease and therefore a candidate for eviction. If you are in breach you automatically lose your security deposit and it is not applied toward rent you already owe thus he can, and likely will, sue you for the amount you do owe him plus any damages you leave behind. You should feel lucky this has not already happened to you.
I know this isn't what you want to hear, but it is the truth. Rather than cutting your losses and running, I suggest you lose the attitude and start talking to him about getting current on your present lease until it's termination date and even then give him 30 days WRITTEN notice when you leave. If you do decide to cut and run make sure you take pictures of the apartment after you leave so he doesn't try to stick you with false damages after the fact. If the apartment remains empty, you will still owe him for all of the rent included in the term of the lease, not just when you lived there. |
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