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My landlord is trying to evict me without giving me an eviction notice please help.?

Published by: anonym 2009-01-07
  • 10/11/08

    I, Sarah Schloesser went down to talk to Leslie Penny on 10/10/08 about my rent situation. I explained that I was aware of being behind on rent. My rent was due between 10/01/08 to 10/05/08 and anything after those dates is late. I explained to him that the following day I could give him $200 but be short $116. He explained to me that he could get a payment plan of the missing amount ($116) and that I would pay it as promised in two weeks. He also explained that it could be done only because this is the first time I have been late on rent and they will only do this for me once. Leslie told me to meet him at the Whitewater Court Apt. between 9:00am to 10:00am the following day on 10/11/08 to do the paper work.
    Shelter England - Evicted or asked to leave::
    Nov 12, 2008 My landlord is taking me to court. To evict a tenant through the court, without success, a housing adviser may be able to help you:
    http://england.shelter.org.uk/get_advice/advice_topics/homelessness/avoiding_homelessness/evicted_or_asked_to_leave
    HOME

    The follow day, 10/11/08, I arrived at the Whitewater Court Apt. at 10:00am to do the paper work as arranged. I was then told that I was evicted. Not that I was going to be evicted or some type of warning but that my five days were up and that I had five days to move out. I asked him if I came up with the full amount of $316 that day, if the eviction could be dismissed, Leslie said no and if I paid him the amount it wouldn t go to rent it would go to the property owner. Leslie also told me that if I got all of things out of the apartment and gave him the keys in the morning 10/13/08 he would have the eviction sent back and it would not be on my record. He told me that they would not allow the payment plan after being told specifically they would. Leslie told me that him and his wife/girlfriend put the eviction notice on my door at 5:00am that morning. I got upset and left.
    Women24 - Landlord vs tenant – know your rights::
    please advise me. i have signed a lease with my ex-landlord 2 years ago and have been evicted recently. i have not received a copy of my lease agreement
    http://www.women24.com/Women24/CareersMoney/AllComments/0,,1-5-60_13706,00.html
    HOME
    WomensLaw.org | District of Columbia: Housing Laws::
    Jul 1, 2008 My landlord is trying to evict me because of a domestic violence . Step #2: You must give your landlord written notice that you are
    http://www.womenslaw.org/laws_state_type.php?id=12235&state_code=DC&open_id=all
    HOME

    I called my aunt who is a landlord and asked her a few questions. She told me that he needs to serve the eviction papers and someone over the age of 14 must be present when they are served. She told me to go back down to the Court Apartments and talk to Leslie one more time. Once I arrived I told him that I did not receive the eviction notice and asked when he had put it on my door. Leslie now told me he and his wife/girlfriend put it on my door a couple days ago at 5:00am. I told him that I never received it and he said Its not my problem if other tenants remove things off your door. I said Leslie, why would someone take an eviction notice off my door? He said right, so then you must have got it then. And at this point Leslie tried to close the door in my face but I put my hand up and asked to see a copy of the eviction notice. Leslie showed me the copy but would not let me hold it and showed me the dates. The date the eviction notice was issued was 10/06/08. from 10/06/08 to 10/10/08 was the five day I had to either pay rent or quit only that s not five days and he said he put the notice on my door a few days before 10/11/08 which is not the posted date of eviction.
    Leslie was very uncooperative and seemed to not want anything to do with the conversation and was quick to end it.
    Newcastle Borough Council - Illegal Eviction and Harassment::
    Oct 15, 2008 What must my landlord do to legally evict me? If you believe that you are being harassed or have been illegally evicted, please contact:
    http://www.newcastle-staffs.gov.uk/staging/housing_content.asp?id=SX8B18-A780A3D8
    HOME
    My landlord has served notice to quit::
    What steps does the landlord have to take to evict me? Private landlords usually have to To download this software please see our documents help page.
    http://www.brixhamtowncouncil.gov.uk/index/housing/housingadvice/homelessprevention/faqs-homelessness/mylandlordhasservednoticetoquit.htm
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    Do i have a chance at winning this if i take it to court?


  • Its illegal to evict you without an eviction notice. If I was you, I would go to housing court and explain the situation. If there are things wrong with your place countersue him!
    Call the board of health and ask for a booklet of your tenant rights. Go to your local housing court. Show receipt of payment and explain what was said and done........In all actuality being late means THIRTY days NOT 5! That is the LAW!


  • Every tenant who does not pay their rent has a bucket full of excuses.

    You did not pay = You do not stay. Simple as that. Judges are not going to be interested in your story of payment plans. You either paid it or you didn't, it's that simple.

    It's perfectly acceptable to post an eviction notice on the door. Nothing wrong that and whomever he took with him, is his witness.

    Pay you rent and you would not have these problems.


  • I'm sure.
    Good Luck.


  • You did not pay rent.

    Of course you will loose.

    The judge has heard hundreds of losers claim to not have been served. She/he will know you are not telling the truth.


  • I would take it to court!


  • A chance of winning what? The chance to live in that mans rental unit long enough for him to make your life a real living hell? Move on gf!!

    Take the money you were going to give him and get the hell out of there quickly! Send him 10 dollars a week to pay off what you owe him that way if he takes you to court you can say you were trying the best you could to make ammends and the judge will more than likely see things in your favor. Especially after you explain how uncooperative he was being in the first place.


    next time you work out a deal - grap a old torn up envelope out of the dash of your car and have him to PUT IT IN WRITING!! Right then and there!


  • You were late on rent, but from what I understand your lease is still in effect. I do not think he can evict you like that since the court process of eviction would have to be done first for him to legally evict you, which can take as long as 8 weeks. I would get the advice of an attorney on this situation and promptly as well, as in tomorrow first thing. Some do work for free. You might be able to call the Sheriff's department in your locality and ask them if there is an eviction notice with your name on it or explain your situation and see what they tell you. They are the ones to serve the papers, not the landlord. The worst that can happen is they tell you they cant tell you anything about it.

    He obviously wants you out of the apartment and you would be better off to get out, especially since your LL has no idea what he is doing. He's a jerk and will continue to act this way. I wish you luck and hope things get resolved.


  • A landlord must follow very precise steps to evict someone. (in Texas) the eviction letter must be placed on the inside of the door not the outside. From your info this was not done. Even though you are correct and the landlord should accept the payment with late fees, you may want to consider moving out anyway.





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