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I just moved in 2 weeks ago.. I brought to her some concerns about non-working outlet.. space heaters for a heat source.. I had no phone service for 2 weeks, because she had to pay for it.. yesterday.she gave me 15 days to vacate.. I have no more money and no where to go.. I am scared and worried.. can anyone help?
Did you sign a lease?
Why would your landlord have to pay for YOUR phone service?
Quote:
Originally Posted by susananne
Different States have different time frames - what State? Fifteen days seems like short notice but basically you can be evicted for any number of reasons, including the landlord not wanting you there any longer.
I live in Pa... she paid for phone service... ScottGem... because it was part of the lease agreement... it doesn't seem right to put people on the street simply because you want to... we are all human beings... and responsible for each other...
I never asked you to be my legal advisor... I was on here to see if anyone had a similar experience... but thanks for your compassion.. by the way.. are you related to my landlord?
Considering you both claim to be experts... you all don't have much advice to give
What does the lease agreement have to say about termination of the contract?
Many landlords are jerks. There are compassionate ones out there. Even the good ones get screwed by bad renters. That doesn't make you a bad renter but past experience can serve to make a landlord hard. When they won't give, you have to follow the rules laid out in the contract, even if it hurts.
They won't give me a copy of my lease agreement... so... there I am
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Originally Posted by susananne
You want feel good advice? Your landlord is a bad, bad person who is treating you badly and should be punished. Bad, bad landlord.
You want legal advice? You haven't said anything to indicate that the landlord is not acting within the law. The cruel fact is that - and I'm a landlord, also - a landlord can remove you for just about any reason as long as the procedure is lawful. If the landlord is violating some term of your rental agreement, then please post the violation and I'll change my opinion. If you think your rights are being violated then by all means refuse to mean, wait for the eviction hearing, present your case and see what the Court orders. Their knowledge of your State's laws is certainly superior to the knowledge of anyone who has answered you because the Court will know where you are... and we do not.
In the meantime my question about what State you are in still stands because the procedure varies from State to State.
I am a great renter... and we are as hard to find as good landlords... the thing is.. it's a renters market right now... my place is clean.. I am up to date... I am in bed by 9.. my landlords girlfirend just doesn't like us... so...
Quote:
Originally Posted by susananne
Assuming for whatever reason that you don't have a copy of the lease my advice stands - refuse to move, wait for the eviction hearing, ask that the lease agreement be presented in Court. The Judge will decide.
The landlord has to give SOME reason for the eviction; what is he/she giving as the reason? Some States are tough on why/how a person can be evicted. More info is necessary.
Hey... Judy... I am scared and have done nothing wrong... your finally right... they are bad... bad people... and I am about to be homeless.. on the street... because they have a month to month lease... and decided to play God... but thanks for all you sincere concern... FYI... you sound like a landlord
They refuse to give me a copy of my lease... why would they give a reason... there is no reason... no illegal activity... up to date... clean.. respectful.. I even cooked for the guy upstairs when he had surgery... yeah... I'm terrible
I live in Pa. why... you know a free lawyer there?
Comments on this post
susananne disagrees: she agreed to pay for it.
First, may I call your attention to the guidelines for using the comments feature found here:
https://www.askmehelpdesk.com/feedba...ure-24951.html
Second this is a legal board so you DID ask for legal advice.
Third, It is very unusual for a landlord to pay for phone service. Electrical, heat, water, yes, but I've never heard of one paying for the phone.
You never answered the most pertinent question; Did you SIGN a lease? You refer to a lease that you didn't get a copy of, but did you sign it? You also referred to it being a month to month lease. Generally month to month rentals occur after a lease expires, though its not unheard of for the lease to be month to month.
But if the lease is month to month, then either of you can terminate the lease at any time. Only 15 days notice is required.
So, basically, if she wants you out, out you go. You can try appealing to her that you need more time to find someplace else to live. Also, if you refuse to vacate she will need to go through a formal eviction process.
One last point, we have tried to help you, insulting the people who you ask for help is not a good idea. Mayhbe that's why she wants you out.
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Originally Posted by susananne
Here's the Pennsylvania law - this is "why they [have to] give a reason" and also states that your landlord is acting outside the law if what you have posted so far is 100% true:
"The landlord must give the tenant written notice of the reason for the eviction and the date that the landlord wants the tenant to leave. NOTE: A written lease may provide for giving up the right to receive this eviction notice. The eviction notice must be personally delivered to the tenant or posted on the dwelling. An eviction notice, sent by mail is probably not enforceable. A written lease may state how many days notice must be given by the landlord before the landlord can evict. It the lease does not state how much notice is required, the general rule is as follows: If the term [of the lease] has ended, or it the landlord claims the tenant has breached the lease, the landlord must give the tenant thirty (30) days notice if the lease is for less than one year (this is usually month-to-month), and ninety (90) days notice if the lease is one year or more. If the tenant is behind in the rent and has an oral lease with the landlord, the landlord needs to give only fifteen (15) days notice between April 1st and September 1st, but thirty (30) days notice between September 1st and April 1st. It the tenant is not out of the property by the end of the eviction notice, the landlord must follow the procedure through the District Justice's office."
So, again, the questions about the lease and the reason for the eviction are pertinent - by law the landlord must give you THIRTY DAYS NOTICE between April 1st and September 1st.
As far as cooking for the upstairs tenant this is in the "feel good" category and has nothing legally to do with the landlord. Again, you cannot seem to sort through the "legal" and "moral" issues which are different issues entirely. I've evicted wonderful, charming, likeable people who were good to the elderly, children and animals ... but didn't feel it necessary to turn down their stereos at 3AM or pay their rent on time.
And, no, I would not recommend a "free" Attorney to you because of your attitude, which attitude I strongly suspect will sink you at an eviction hearing.
I don't have a bad attitude.. I am in a bad place... and not my usual self.. I apoligize.. to all who tried to help. Judy.. thank you for the Pa. Law information.. that is very helpful. I realize this is a legal issue.. I was just trying to make the point that.. along with being up to date on rent.. I am a good neighbor. Also.. someone asked about the lease... Yes.. it was signed by both parties.. she just now refuses to remit me a copy. Anymore info would be great... I again apoligize.. I'm a little short tempered these days..
No problem - if you refuse to move and go to Court the landlord will have to provide a copy of the lease (unless she claims there is no lease). In any event, it does not appear to me that she is giving you sufficient notice in several ways, including the time frame and the reason she is evicting you.
Keep us informed about what you do - and what she does!
And hang in there - I know it's hard NOT to get emotional about these problems. Sounds like you're between a rock and a hard place and I wish I had something to say that would make it easier.
May I say did you not inspect the property before you moved in, you would or should have known about space heaters, I know dozens of people who have to use them to help heat their apartments, how large a area, and how much are you paying,
You can't expect a 1000 dollar a month place for 200 dollars.
A problem I often find.
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Originally Posted by mike_edwards
I see no indication here that "Susanne" is looking for a $1,000 apartment for $200. The more I read this from her viewpoint the more I think the OP (Susanne) is possibly young, didn't know what to ask, got taken advantage of.
How large an area and how much she is paying are not material questions here - she is asking if her eviction is lawful and it would appear on the face that it is not. If SHE wants to vacate due to undisclosed problems, then it's another story but that is not the case.
Thank You Judy.. Again.. anymore info on this I could use.. do you know anything about HUD in case I am thrown on the street?. Should I serve her with any papers right now from a Magistrate demanding my lease copy or anything like that. Would that help delay. And to Mike.. space heaters aren't "helping" keep it warm.. they are the "only source" of heat. She told us she would have a pellet stove installed "before" we moved in. That never happened.
No you do n ot serve her with anything, since at this point nothing has happened. What you do is cite the sections of the law thaat Judy gave you and explain to her that, until she complies with the law, you are not required to vacate.
Just remember that, since you have a month to month lease, that she can get you out eventually. So you need to be looking for a new place to live.
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Originally Posted by ScottGem
Exactly what Scott said - wait to see what the landlord does, then go to the hearing (and I know that is scary) and cite the law. That will buy you time but won't keep you there. She will possibly (and maybe probably) just legally evict you by serving you within the legal time frames.
In the meantime this will give you time to call around to various agencies and see what housing is or would be available to you.
Judy.. can I ask if you know the code reference number of the Pa. law you quoted to me. I would like to e-mail it to my landlord.. although she hasn't responded to any of my e-mails asking for a copy of my lease.. not even sure she is reading them. But maybe her seeing the law.. will make her finally correspond. Also.. don't think I mentioned I called the borough I live in on Friday... told them she has rented several rooms upstairs.. to 4 individuals.. unrelated to each other.. that share a common bath and kitchen. When I rented she made me believe it was simply a second floor apt. they told me it was listed to them as an aprtment complex. Not a boarding house.. I also mentioned the problem with my electric.. I just got an e-mail from the housing officer.. he will be here Monday Morning at 10:30a.m., and told me to contact the Super about gaining entrance to second floor.. I will probably do that tomorrow morning.. don't want to give her anymore notice than I have to. Any comments from you all would be nice... Thanks
Quote:
Originally Posted by susananne
Sure - go here: Guidelines for Pennsylvania Residential Eviction
Print out what is pertinent to your situation - pretty much the parts that I quoted. I wouldn't email the landlord. I would MAIL it to her, receipt requested. Make sure she has the info.
I would caution you against being too "Attorney-like" because that path makes it easy to stumble and fall. I would say, "I found this on the Internet."
And, please, let me know how this is working out for you because I think you got taken by the landlord.
Judy.. I just came home from work... and my landlord locked up a storage unit I was allowed to use in the basement.. I have documents and such.. my equipment for my business... can she do that? I have no access to my belongings downstairs... can you help?. Thanks
Quote:
Originally Posted by susananne
No, she cannot legally do this.
You have to call the Police and tell them she's (the legal phrase) locked you out. They may or may not assist you, depending on their policy. They WILL advise you which Court in your area handles these matters.
This woman has crossed the line from Somewhat Irrational to Full Blown Crazy.
In md. We have an advocacy group that you can ask all kinds of tenant and landlord rights.. look on line for something in your area.. Google, landlord rights in pa or something to that effect.. maybe leasing rules for pa.. Here in md you have to give tenant 30 days notice by sending certified letter and the 30 days start the day after their rent due date.. I also think if you don't have a copy of lease, a contract might not be binding. But she just can't put you out without a legal notice and time frame according to your state laws.. courts in my county are always for the tenant, always..
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Originally Posted by coolnana5
This is not totally correct - I have already posted in detail what is necessary, specific to Pennsylvania, to evict.
The fact that OP doesn't have a lease does not mean it's not binding - if it is signed, it's binding - the question is how to get her hands on it and admit it to Court.
Judy.. I believe the county will be here today.. this morning... to inspect our electrical issues and investigate the probable boarding house she is running upstairs.. also... this morning.. we were in our bedroom.. which is up against the front porch.. we saw a shadow.. and the Super.. who lives upstairs.. was trying to peek into our window.. we could see his shadow going from window to window. It was creepy.. it's started to feel like the movie Pacific Heights.. except.. its the landlord who seems nuts.. instead of the tenant. I am starting to feel a little weirded out. I will keep you posted on what happens with the county today.. I have a feeling the landlord is not going to respond to this well. And a bit worried about her reaction...
Quote:
Originally Posted by susananne
I know you don't want to make it worse but have you stopped at the Police Station to just discuss this with them, see what you can do?
I agree - this is spooky beyond spooky and I'd certainly be concerned. When the County rep gets there make sure he/she knows the entire situation and get advice to keep yourself safe.
Thank you.. I certainly will take your advice and do that...
Quote:
Originally Posted by susananne
The most important thing right now - and I know finances and where you're going to live are worrisome - is to be safe and stay safe.
I'm having a bad day - want me to drive down to PA and slap the landlord for you? :D
Judy.. LOL.. that would be swell... would you? Anyway.. the poop hit the fan this morning.. the county rep showed up with the fire chief! My heart was pounding... anyway.. they both came into our apartment.. honestly.. they weren't here 10 minutes looking around... light switches, most of which they wouldn't even touch because they are loose and exposed.. saw our space heaters.. which.. as you know.. is our only source of heat.. checked our outlets.. saw the extension cords strung everywhere.. because only half the outlet even work. They came back to the kitchen.. and said this place had so many violations... that they could shut the whole place down today. Not something I want.. but.. at least I know I was justified in my complaints. They asked about the people upstairs.. we told them there were 4 adults sharing 1 bath and kitchen.. they said that was illegal. Just then the Super came home and those guys went flying out our door.. and stopped him with a barage of questions. The firs chief asked why we were being evicted.. and he said because we were causing problems.. the chief responded." I bet".. in the meantime.. I had to leave for work.. as I was going.. the landlord showed up and all I heard was her screaming.. I think at me... but I didn't look up... just got into my car and left. I just got home.. place is quiet.. thank God.. no Super's Car.. no landlord or car either. So.. that is where we are.. its like waiting for the next shoe to drop. I did like you told me and explained to the Rep. about our storage and cutting cable.. he told me to get a lawyer.. he was very nice... So.. that's the latest..
Also.. The county Rep. told us that he would be sitting down in a meeting with our landlord today.. and told the Super if she did not show up here or call him today.. he would issue a warrant. Obviously.. by her screaming.. she did show up here.. but I made a quik exit.
Quote:
Originally Posted by susananne
You must feel - very justifiably - proud and pleased with yourself for taking a stand... and BEING RIGHT! There is power in not being a victim. Now if the landlord (or super) decides to retaliate, you can call the Police and say it's retaliation because of the inspectors.
Now that the County is involved you may very well qualify for some type of legal aid - have you called around? This is no longer a "simple" landlord/tenant dispute.
You don't need me to praise you but take a look at your first post, take a look at your last post and pat yourself on the back. Way to go, girl! You didn't start this but you very well may have finished it!
Where would I go to find the legal aid.. I have already gotten the number for a lawyer referral service from the county... is that what you are referring to... and THANK YOU.. I do feel better.. a little scared... but better... You were a tremendous help to me.. and don't know what I would have done... Thanks.. hey... wait a minute... aren't you coming here to slap someone for me??
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Originally Posted by susananne
Yes, I will be leaving shortly and will slap her silly.
I can't get the legal aid site to load - looks like the site is under construction but here's what I do see. Regional Housing LS
I can't tell from the website if they assist tenants, homeowners associations, what they're talking about. I'd call and ask - my experience with NYS legal aid is that they have all the references at their fingertips and are very helpful - if they can't help, they will refer you to someone who can.
The Bar should also be very helpful - they also have the list of no cost or low cost legal assistance agencies.
I'm going to take a look around and see if I can find any other helpful sites that don't have strings attached - and many of them are simply online intakes for law firms.
Judy thank you... thank you... thank you... I think I 'm in love... can we move in with you lol... any further info we definitely appreciate.. . We will be in touch.
Quote:
Originally Posted by susananne
Of course - I have a spare room. Just don't arrive with a cat because I have b-i-g dogs!
If you get hung up on this go to my name on any post, click on my profile, look for "send private message" (that's not e-mail, it's a message that goes directly to me, courtesy of AMHD) and send me a private message, tell me what City, Township you're in. It's posted to my name here by your name here, no personal info disclosed. (I would not post that info on the Board if I were you and I keep secrets very well.) If there are any other circumstances which are important, please include those - disabilities, children, whatever.
I am in the office tomorrow after about 10AM - I have a client coming in at 9AM; I am on the road for a very long day on Wednesday so if you're hung up, tomorrow is a lot better than Wednesday!
If you're hung up, give me that info and I'll make some phone calls to see what's available to you. I realize you're working and don't have a home phone so let me see if I can find anything.
And in the meantime - if people don't help each other in this World - what happens to any of us? And some day I'll need a favor, you'll have the answers - Karma!
Judy, I had to spread the rep. Just wanted to say how lucky we are to have you here on AMHD. What would we do without you? Don't ever make us find out. Okay? :)
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Originally Posted by Altenweg
Thanks - just a simple, from the heart - thanks!
I realize that I'm off topic, and if it has to get deleted, then so be it.. but...
I just wanted to say that this entire thread reminded me yet again why I'm here at AMHD.
If I could nominate Judy as Member of the Year, I would.
The tone from beginning to end---what a change! And to see someone get their question answered, and the help that gave them, and the change in outlook--just wow.
I've been watching this thread, but had nothing useful to add (still don't--wish I could be more help, honestly). I just wanted to say that this thread made me feel great--both as a member of AMHD, and as a person who's asked my own questions.
They cut our elecreic... as of 6:00 this evening... we called the police,. they said it was a cival problem... goood God... we have no heat... we are going to the county rep. tomorrow... this is harrassment///... and no one seems to take responsibility... you follow legal lines... and get!. they won a battle... but not the war... help if you can... thanks in advance..
Judy... your words are carrying me.. I will not give up... Thanks again...
Synnen... ain't it the truth... thanks for your in put... Judy rocks!
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