HELP! Being evicted for no reason

[Who's Liable?]

Tell your LL to pound sand, and the next time he barges in like that you will call the cops and report a break-in. He can explain to the cops why he's there without giving proper notice per your states LL/T laws...

 

[MandM]

It may be a good idea to type out exactly what he said in that letter here for some of the experts to look over.

Of course remove any items that would be illegal to post.

 

[OHlandlord]

Are you sure its a year's lease and not a month to month that he wrote for a year. (I know that doesn't make much sense, but then some LLs don't write the clearest leases/agreements, do they?) With him issuing a 30 day notice, it seems he is under the impression that it is a month to month agreement. Read through your agreement and look for a termination clause. Post any such clause you find here, and post what the termination letter said. Maybe we can make sense out of this then. If you truely have a lease, he cannot terminate without just cause. He must give a reason for termination such as non-payment of rent, specific violations of lease, etc.

In the meantime, keep front & back screen doors locked whenever you are home to prevent him from just walking in unannounced.

 

[frivvy89]

Re:

Yes, the lease is very basic. I imagine he's been getting away doing this for awhile. But I'm not going to let him do this to me and my family. Lets just say he did take me to court. I am in a small town and chances are, he may know the judge. Can I have the proceedings held elsewhere?

 

[CA LL]

No if you go to court it will be the court "local" to the property.

You need to answer the specific questions asked by OHLL and others regarding the exact terms in your lease, clauses re: termination, etc. to determine if it is a fixed term lease for sure OR a MTM or some sort of silly combo.

IF it can even be construed as MTM the landlord CAN terminate the agreement for "no reason". That is why you have been asked that question so much.

 

[frivvy89]

Re:

The lease is a one year lease. It has no clauses. It's just a basic one year fill in the blank lease. We both signed together.

 

[OHlandlord]

frivvy89, Read through the lease carefully. Look for a sentence that says something about how you terminate or how you get your deposit back. There may be a sentence that says something like "either party may terminate with 30 days written notice, the deposit will be returned withn XX days as required by law". If you see something about this, please post it. How this sentence is written will determine whether he can terminate in this manner or not. There may also be a renewal sentence in there that says something like "This agreement will renew for another rental period at the end of the term with the same conditions as the original term." Also does it say "the term is for Jan 1 - 31 where the tenant will not terminate for 12 months", or "the term is from Jan 1 -Dec. 31"? These things determine what the agreement is, not the label on the top of the form. Please post the exact wording of these sentences so we can determine what type of agreement you have.

 

[Cvillecpm]

OK - I'll bite...why were you at home at 10AM on a WEEKDAY morning? Why weren't you at work?

Your attitude leaves much to be desired and confronting your landlord in this manner was most definitely a mistake.

If you don't want to abide by his rules about spraying, come to an agreement as to when you should be out and then leave.

 

[MandM]

OK - I'll bite...why were you at home at 10AM on a WEEKDAY morning? Why weren't you at work?

Your attitude leaves much to be desired and confronting your landlord in this manner was most definitely a mistake.

If you don't want to abide by his rules about spraying, come to an agreement as to when you should be out and then leave.

OK I will answer for that one, first of all why is it any of your business why the OP was at home, maybe they work form home, maybe he still had a few days of vacation left, maybe he was off that day and wanted to sleep in with his family, or here is one for you, maybe he works nights, cause you know some places don't operate only 9 to 5.

But the real question is, why did the manager simply barge in, he could have seen them as just getting up and or still in bed, and said, "oh excuse me, I am going to spray a couple of other apartments, I will be back within an hour", and they could have gotten dressed, and it would have been a non-issue.

 

[Who's Liable?]

OK - I'll bite...why were you at home at 10AM on a WEEKDAY morning? Why weren't you at work?

what kind of stupid question is that? This is completely irrelevant to the situation.

Your attitude leaves much to be desired and confronting your landlord in this manner was most definitely a mistake.

incorrect... it was the LL who made a mistake if the didn't follow his states LL/T laws regarding notice of entry.

 

[frivvy89]

Re:

OHLandLord, the only thing in the lease similar to what you are asking says:

"This lease shall be for a term of 1 year, beginning on July 1st '07 and ending on July 1st '08. In the event of any breach of the payment of rent or any other breach of this lease, Landlord shall have full rights to terminate this lease in accordance with state law and re-enter and reclaim possession of the premises, in addition to such other remedies which are available to Landlord as a result of said breach."

And Oh yeah, I do work from home!

 

[justalayman]

so far, it sounds like the LL has no legal grounds to evict you.

Ya got 2 choices apparently,

move

call his bluff

 

[frivvy89]

Re:

I'm beginning to believe that also. Here's what a tenant/landlord of TN lawyer emailed me. He says: "If you are current on your rent payments he will probably have a
difficult time evicting you. He has to file an eviction lawsuit and you can
defend it in court."

Now, I am concerned if he can get the police involved to move us out in the 30 day period if we decide to let him take us to court?

 

[justalayman]

Now, I am concerned if he can get the police involved to move us out in the 30 day period if we decide to let him take us to court?

he can only ask the police to remove you if the courts have ruled the LL has the right to evict you.

He can;t simply call them up and tell them to kick your heinies to the street.

If you do not leave within the 30 days, then the LL must file for an eviction in court. After that is decided, then somebody can make you move. until that time, you should not have to fear being moved out against your will.

Just keep paying your rent as you are supposed to. If he refuses it, set it aside in a seperate account and wait because he will then attempt to evict based upon non-payment of rent. Be sure to note everything as to when, who, and what time. If you have the rent set aside waiting for him, the judge will see that you did not fail to pay the rent, the LL refused to accept it.

 

[frivvy89]

Re:

Thank you all for all your help! Now I can get some rest.