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Can landlords evict you in the same month that you are late with the rent? |
I have lived in my community complex for14 months and have never been late with the rent. My company just went under because my major customer went to another county that offers cheaper labor. This month I am now 16 days late with the rent. I was called to the office and given a form to sign stating that I will be given till the 21st to pay, after which I will be evicted and sued for the remaining rent owed on the lease by their lawyer. Is this something that they can legally do? First, you may want to contact an actual attorney as people here on Yahoo Answers may not give you the best advice. If they evict you, they can't also sue you for the remainder of the lease. They are breaking the contract, not you. You need to check with the agreement that you signed when you started living there. All of this will be covered in the lease agreement. If it's listed in the lease agreement then they can do it. If you are late on rent, they can give you 5 days notice. Check with your state's attorney general's office for your state's lanlord tenant code. Try the site below, make sure to change the location/state in which you reside. Hope this helps. If you need an Attorney/Law Firm, click the last link and watch the online movie presentation. They can begin eviction proceedings after only one late payment. However, if they go ahead and begin eviction, you can get away with not paying rent anymore until they get the eviction through court. This can take months. It differs from state to state, but in MA, yes they can. They have to do it legally through the court system though and have certain papers they must deliver to you officially. No one can just tell you to move, if not ordered by a judge.--Just make sure you keep paying the rent ... The answer to this question will depend entirely on where you live. If you live in Nevada, the answer is, YES. Been there, done that! YES, they can legally do everything they are telling you!! And they will sue you for it....this is why I have a judgment against me on my credit! I had one month left on my lease and was 10 days late with the rent, they would not accept it from me,and sued me for the remainder of my lease and re letting fee! The judge awarded this without even asking my side of the story-YES,they can do what they want sweetie! Get your things and get a different place now without their knowledge so your not out on the street-Good luck! read your lease closely. They are within rights. Standard contracts say if you should fail to remain for lease duration you are responsible for remainder of lease amount due. Most want a lump sum. But you will have about 2wks after the 21st before vacating. they have to file and sheriff's dept has to serve paperwork. This will depend on your lease. For Example They cannot evict you the same month that your late, but they can the month after. The best posible thing you can do is make a promise to pay. Call them or go down to the office, let them know that you have had an unforseen financial event that and let them know a day that you'd be able to make payment. Most likely, they will just take that rather than going through the long process of getting another tenant. Also, if you receive court papers as long as you pay it off before the court date, it gets thrown out. Good luck! Where are you? Different countries/states have different laws. If in U.S., not a chance, check your states Landlord Tennant Law, you get a court hearing before an actual forced eviction... takes 2-3 months.... |
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