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kristin_jobe2002 | On my door tonight I found a notice "Immediate Termination Notice"? |
Placed on my door while I was sleeping (I work nights) this notice is ordering me to vacate the property because of threatening and intimidating behavior towards management. Mind you I don't see this man and when I do I don't acknowledge him. I pay my rent on time every month and have never threatened or tried to intimidate him in any way.Says must be out by 8am. This notice was placed on my door some time after 6pm because thats when I laid down and I found it about 9:00pm tonight.....I am at lost on what to expect next from this man. What should I do? I have found another place to move to but cant be out by 8am... He has harassed me in so many ways and yet he keeps filing notices on me. I work, I sleep and I pay my rent and enough is enough I need advice now...HELP NewMexicorealestate!!!!!!! |
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newmexicorealestateforms
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Any one can claim anything against another party, it's our system, proving it is another matter and an issue for the court to decide. Your lease and your landlord tenant law provides for the reasons, method, timing and procedure that must be taken in evicting a tenant from the premises. If you have paid your rent on time and have not violated any of the terms of your lease I doubt that the notice is proper. If the landlord has a criminal issue against you he has to go to the police file a complaint have the authorities investigate it and determine either by the police or the courts that you have indeed committed a criminal act. If a criminal act is determined to have occurred then there might be a clause in the lease allowing for such notice to take place.
You must receive a 30 day notice to vacate assuming no crime has been committed. Further it is against the law for the landlord to harrass you or intimidate you into moving based on allegations that can not or have not been proven. Even if you had been properly noticed and you did not move by the time provided you would still be protected by the landlord tenant act as a tenant holding over without permission and the landlord would be required to take you to court and file what is called a restitution and eviction suit. Of course damages can be incurred by a tenant holding over in such a suit.
Further the landlord can not do what is called "self help eviction" which is changing locks, cutting off utilities, etc. Find another place, take your time if your rent is paid and move, sounds like you should not be close up to this individual anyway.
If you want to have links to government offices in your area that can put a stop to what is happening to you, email me and I will send you the links.
Best of luck to you |
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jeanniep
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there must be more going on. I would just move and try to find someone to stay with until your new place is ready.
don't know what laws are there but a landlord usually has to serve a 3 Day notice to move and if tenant is still there then file in court, it usually takes about 20-30 days to get a tenant legally out of a place. you might call your state or local tenants rights assoc.
look up on web. |
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fredhh
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Most states require a minimum of 3 day notice for eviction... then if you don't leave... they have to take it to court, which takes a minimum of another week before the hearing... and then the judge can give you 30 days to 3 months to vacate...
So when the landlord comes... tell him to obey the law or be sued for improper eviction. |
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KathyS
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You need to talk to this guy first. Besides that, he would need to go through the eviction process legally...and that takes time. |
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Craig T
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For starters, has he ever previously given you a written notice/warning about this "threatening & intimidating" behavior before? Most if all not all states would require that before evicting someone.
And I can't speak for other states but in IL the only exception is for certain types of drug offenses and even then I have to had them sign a Crime Free Addendum when they signed the lease. And even in that case I have to give them 3 days. |
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Reginald N
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there are a few unknown variables in your situation such as: do you have a long term rental lease, or short term, or month-to-month....what exactly are the terms of your lease (if there is one), have you paid THIS month's rent?
The one thing that is guaranteed is that the law will not enforce an unlawful eviction, and since I'm assuming you DID pay August's rent, I know he cannot lawfully evict you in just 12-14 hours' notice. No law in the country supports that, and he knows it. He cannnot enter your apartment, change locks, nor deny you reasonable services as stipulated in the lease agreement without your permission, or a LEGAL notice.
So, seems like there would be no warrant for the 3 day notice (better known as Three Day Pay or Quit) since you've already paid August's rent. If you're on a month to month, then he can give you 30 day notice to vacate if he chooses, but let's address the issue as you stated....if he is accusing you of threatening and intimidating management, but you have paid your rent, then he would need to file with the magistrate's office.....all of this takes time, and whenever the order is given, days later, then when you get it, you have 30 days to either respond, or move. If you aren't gone by then, the sheriiff places a notice on your door, giving you 24 hours to move. if you aren't gone by then, the landord can remove your stuff. Anyway, I believe the landlord is using a common scare tactic with you, and if you are still there at 8am, he can't mke you move, because there wasn't a legal eviction performed. If you are planning to move, proceed with a clear conscience, and reassurance that IF the landlord tries further harassment, YOU can place the police on HIM.
I wrote a lot here...trying to make sure I explained everything clearly and precisely. If you know nothing else, please you that you have the right to treated fairly. It isn't fair, or realistic, to expect someone to move with only a few hours' notice, especially when they HAVE paid the rent. If they haven't paid the rent, then they have to be given 3 days' notice. If they still don't vacate, or pay, then the landlord has to file with the judge. When the notice from the judge is placed on tenants' door (usually days later), THEN they have 10-30 days, depending upon THAT state's laws to move, or respond in writing stating why they feel they shouldn't be evicted. If the judge says they still have to move at that hearing, the the sheriff comes out and gives 24 hours notice (24 Hour Writ of Eviction). I hope this info comforts you, and enpowers you to smoothly handle your affair.
Signed,
Faced-an-eviction-or-two-in-my life. |
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PickiNicki
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Is this a letter he typed or is it from your county court house? He can terminate your lease, but he has to give you at least 30 days. If he is so threatend by you he should have called the police and got a report. I'm assuming he has not.
Is your place professionally managed or do you deal directly with the owner? If he is an employee go over his head, remember everyone has a supervisor.
He can't enter your house either b/c possesion is 9 tenths of the law. If he enters he would be breaking in b/c its your apt. You've paid your rent for this month and he has no proof that you harrased him. He can't turn off your water, heat, or electricity. They do that sometimes to scare you, but its illegal.
I would call the police( your local non-emergency number, look in the phone book) they can explain your rights. Ask them to have an officer there at 8am in case he shows up. Or call 911 if he shows.
File a police report and save all the notices he has given you b/c you might have to take him to court b/c he'll probably try to keep your security deposit. You might wanna get a restraining order too since he has harassed you in the past.
Since you've found another place, write him a 30 day notice and go to the post office and send it certified w/ a delivery confirmation( he will have to sign for it). Don't just leave b/c he can sue you for a whole months rent and keep your deposit. |
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shirbenlu
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contact the department if Housing and file a complaint. Its illegal to commit "housing discrimination" and landlords can be fined. check out the weblink for info. |
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SapphireSeaFairy
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It sound like this guy wants more than rent. I think that landlords have to give you reasonable time. Less than 24 hours is not fair. You've found another place, move as soon as you can. |
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SirWilliam
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...most States require a "30" day notice to vacate... Check with your State Attorney Generals Office... I realize today is Saturday, so you won't have any luck with that... Remind the Landlord of the "30" day notice and see what he says... Don't get into any "hassle" with him... |
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cool guy
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vacant it or get bu*ted in the court lol ! |
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Raymond R
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Get a restraining order on your landlord! Most places at least by law have to give you 3 days to vacate. |
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