My dad is due to appear in court tomorrow for an eviction. When we recieved the summons I checked our account and found that we were in arrears on the rent (it was my banking mistake that caused this). I paid all of the back rent including the late fees and assumed this would settle the matter. I had been trying to contact the rental office and just heard back from them today that they are continuing the eviction because it was not paid "in a timely manner". My dad does not want to have to move and besides that, he is a disabled veteran without the funds to move anyway. What can I do? HELP! EVICTIONS
In addition to any one of the notices described above, tenants are entitled to a three day notice, delivered to the tenant or at the premises, demanding the tenant to move out. This notice must include the following words:
"You are being asked to leave the premises, if you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance."
This is not only a required notice, it is good advice. An eviction notice is the most serious legal problem most people will ever have. It forces a tenant out of a home, and costs the landlord money and lost rental income.
Eviction records are public and can seriously hurt tenants' credit ratings and references. Landlords who fail to follow proper legal procedures can end up owing their tenants damages or delaying even a legitimate eviction for months. Evictions should never be considered lightly and always deserve the attention of a lawyer.
Landlords must deliver a notice to vacate to the tenant at least three days be- fore they file a suit of eviction with the court. The tenant does not have to move out during this time. If the landlord and tenant cannot reach an agreement within these three days or the tenant does not move out, the landlord can file an eviction with the court. This eviction complaint is called a Forcible Entry and Detainer action and will claim either that the lease has expired or that the tenant has violated the law or the lease.
The Court will serve the tenant with a Summons by leaving it at the tenant's residence, by certified mail or personal delivery, notifying the tenant when and where to appear in court. The tenant is entitled to five working days between the service of the summons and the date of the trial. Stapled to the Summons will be the landlord's complaint usually prepared by the landlord's lawyer, asking the court to order the tenants to leave the premises and to pay any unpaid rent. The Summons also tells the tenants to contact a lawyer or the local Legal Aid Society.
If the tenant does not show up for trial according to the instructions on the Summons, the court will probably order the tenant to move out and pay whatever rent is claimed to be unpaid.
If tenants do not want to argue about their evictions but contest the amount of money that is claimed owed to their landlords, they must file a written Answer. The Answer must deny the amount owed and must be filed with the Court according to the instructions on the Summons.
Ordinarily, if the tenants or their attorneys show up and raise questions about the landlord鈥檚 right to the eviction, the judge will postpone the trial for up to eight days, or more if the tenant pays a bond to protect the landlord鈥檚 interest.
If the tenant fails to appear in court or the landlord wins the trial, the tenant usually still has up to ten days to voluntarily move out, depending upon what the judge orders. If the tenant does not leave voluntarily the tenant鈥檚 belongings will be moved and the tenant will be prohibited from returning. In most jurisdictions in Montgomery County the landlord must pay a fee to the bailiff or sheriff to lawfully remove the tenant from the premises, by force if necessary, and out the tenant鈥檚 belongings in storage. The moving and storage company doesn鈥檛 have to take all of the tenant鈥檚 property. Clothes, medicine, food, pictures, and damaged items are usually put in a dumpster. The tenant must pay all storage costs before the storage company will release the belongings from storage. After 3 days the storage company can sell the tenant鈥檚 property to pay the storage fees. In other jurisdictions, the tenant鈥檚 belongings are put on the curb. You can check with the clerk of courts to determine what is your local procedure.
TERMINATIONS
If a landlord does not live up to the obligations imposed by law or lease, tenants can terminate the lease and move out after giving the landlord reasonable notice to correct the breach (refer to the section on rent escrow).
If the conditions of the premises are so bad as to make them unlivable, tenants should contact their local housing inspector. (The phone number is located in the blue pages of most phone books). This will provide the tenant an expert evaluation and description of the problems.
If the inspector determines that the place is unlivable, then the tenants can move out immediately and owe no further rent (in the City of Dayton there may be funds to assist you with your move, so e sure to ask the inspector about this). Once the tenant moves they can recover their security deposits by following the instructions contained in the section titled SECURITY DEPOSITS. As stated earlier, landlords cannot retaliate against tenants by attempting to evict them for making honest complaints to housing inspectors.
Landlords and tenants can also end a lease that is not in writing by providing a written notice of their intent to end the agreement and sending this notice as follows:
Month-to-month lease - 30 days prior to the beginning of the rental period
Week-to-week lease - 7 days notice
No reason need be given a tenant or landlord for ending a month to month lease or refusing to renew a lease as long as the proper notice is given to the other party.
Terminations under a written lease must be made according to that lease, but a landlord cannot shorten the notice time a tenant is entitled to by the law.
Even though the landlord does not have to give a reason for terminating a month to month lease or refusing to renew a lease, a tenant can win an eviction by proving the landlord was getting back at the tenant (retaliating) be- cause the tenant tried to organize the other tenants, made honest complaints about conditions, or that the eviction was discriminatory on the basis of race, color, religion, national origin, sex, disability, or familial status. A tenant who proves any of these situations can also recover damages and attorney fees.
CONCLUSION
Almost everyone rents a home at some point in their lives. By reading this booklet, keeping it for reference and using the forms provided, tenants and landlords can make the experience rewarding and profitable.
SOME FINAL HELPFUL TIPS
Keep a copy of your lease.
When moving in and when moving out, check the dwelling carefully and have a statement setting out any damages, signed by all parties.
Keep all rent receipts and never pay in cash without getting a written receipt.
Obtain renter's or homeowner's insurance. |
