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shiaty · May 17, 2006, 12:19 PM

If I put in a 30 day notice on the 5th and they did not get it until the 9th. The notice is dated the 5th can they make me stay or pay until the 9th even it I will be gone on the 2nd. Also can they evict me if I paid $375 which of which my security deposit was $850.00 and the rent is $1225. I told them in the notice to keep the $850.00 and add the $375.00 to it to make the total $1225.00. That is what I did and now they have put an eviction notice on my door. What can be done about this? I am going to court for it and that date is for June 7 I will be gone by then but I still want justice these are the same people that came though my window yesturday.

Tommyp!972 · May 17, 2006, 01:11 PM

First off its illegal to go through a tenants window unless there is a dire emergency and no one is there(gas leaks water line breaks) or to demand rent(yes its LEGAL to break into a tenants to demand rent in some states if the tenants are home)... otherwise they HAVE to give you notice before hand...

As for forcing you to stay and pay I would say no to forcing but yes to paying a prorated amount till the 5th... unless of course that is your agreed upon date for rent then no... never believe anyone when they say they received paperwork on a certain date.. ask to see the envelope to see the postmark date... you should not be penalized for something the post office messed up on
Everything should revolve around that postmark date..

Did the give you notice prior to handing you the eviction paperwork?
Usually they give you written notice demanding rent in full or else you have so many days to leave

Are you on a lease or do you rent month to month?
In some states the landlord has a set # of days to give you notice of you having to leave based on your contract

If a lease what terms.. 3 6 12 month lease?
Like I said certain month leases give landlords certain amount of days to notify you

Have you filed the necessary paperwork to contest the eviction?
You have only a certain amount of time to file paperwok to protest the eviction

If you have already did you make sure the landlords received a copy also?
If you didn't some states would automatically award the decision in favor of the landlord

Was there a legit reason why rent was not paid in full?$375 of $1225(health violation leaking pipes.. etc... )
If so did you notify the landlord?
What was his/her response?

Just because you are going to court does not mean you will be evicted.. its up to the judge to rule after he/she hears and sees ALL the facts..

The security should not be used for rent unless the landlord already agreed but it sounds like he didn't.. is there damages to your apartment he is keeping it for perhaps?

I really can't understand why a landlord would evict someone for less than 1 months rent unless there more to this story??

RickJ · May 18, 2006, 08:54 AM

The long and the short of it is that yes, they can file the eviction. I do agree that it is stupid of them to do so as they know you are moving anyway... but if I were you I'd pay the difference for the rent with the landlord's agreement to drop the eviction. Pay the rent for through the 9th.

Then take lots of pictures right before you turn in the keys so the landlord can't make things up for reasons to not refund your deposit.

ScottGem · May 18, 2006, 10:28 AM

Without getting into the eviction and notice periods let me point out one thing. A security Deposit is an amount paid (usually equal to one month's rent) to insure that the premises are vacated in good condition. The money can be used to restore the premises if its not. Otherwise the deposit is returned.

You cannot, therefore, use the security deposit to apply towards the last month's rent. That money is not yours until you vacate the premises in good condition. If you haven't paid your rent, then it is past due.

Of course this brings up another point. If you are worried about vindictiveness on the part of the landlord. Then I suggest you engage a third party (a notary? ) and take pictures of the premises after you have emptied it. Have the third party attest to the accuracy of the photos. Otherwise they may keep the deposit and you will still owe the last months rent.

shiaty · May 18, 2006, 10:37 AM

Thank everyone who has or is going to respone to my topic, you have all given me a lot to think about. I have decided to represent myself I got a copy of the landlord and tenant act and have been researching it to the fullest.

mr.yet · May 18, 2006, 03:23 PM

I agree with Rickj, you must take pictures before you leaving to show the condition of each room, all 4 walls and ceiling. Remember the burden of proof is on them, they must list causes of action to warrant this action against you. Carefully read that notice and either deny or admit when proper to each cause of action in the notice.

Good luck!