Ask Me Help Desk - Eviction process

OK here's the situation I have lived in the same place for almost 8 years we have 4 children and a year ago our landlord sold the apt buildings we live in to someone else right then it started with you need to get the yard cleaned up and get rid of the dog that you have and so we clean up the yard which was mostly our children bikes and outside toys. We had to get rid of them.. I don't think it was right for them to tell us we had to get rid of the dog since the dog has been with us for 2years before they even bought them . Well then we started paying the rent late because they had changed the day its due the 15 and we were used to paying by the first. But we always paid it. Late fees and everything. We got a month behind on our rent so they gave us an eviction letter to be out or to pay the rent so we got caught up on the rent. Then we got another letter that said we have to remove the dog within 24 hours. We are trying to find somewhere for the dog to go but its been hard then we got a letter yesterday that said we didn't get rid of the dog so we have to be out buy the 26 that's like 10 days from now and 4 days after thanksgiving. So they want me to pack up and move 8 years worth of stuff in 10 days.. I would like to move from the place I'm at but I am having trouble trying to find a place.. that allows animals and is what I can afford. Please give me some advice on what to do here we have never signed any lease here

What does your lease say about dogs? The new owner can't change the terms of the lease unless you both agree. However, it does sound like the LL wants you gone and life may be less fun unless you leave. Tell the LL you need more time, if he refuses you might mention how long the eviction process could take.

Quote:

Originally Posted by ballengerb1

What does your lease say about dogs? The new owner can't change the terms of the lease unless you both agree. However, it does sound like the LL wants you gone and life may be less fun unless you leave. Tell the LL you need more time, if he refuses you might mention how long the eviction process could take.

I have never signed a lease with the new landlords

Then the terms of your old lease are still in effect, what did the old lease say about pets?

Quote:

Originally Posted by ballengerb1

Then the terms of your old lease are still in effect, what did the old lease say about pets?

If they haven't signed a new lease, can't the landlord change the terms of the rental with 30 days notice? It sounds like they were told months ago to get rid of the dog, which seems to be a valid change of the rental terms. Of course, the tenants would then have 30 days to find a new place to live.

If there is no lease currently in effect then you are on a month to month basis. If there is a lease that the new owners inherited then they can't change it. If the lease has expired and you are on a month to month basis then the only terms of the previous lease that they can change is the rental. All the other provisions remain in effect unless both of you agree to a change. However, they can terminate the lease with one month's notice.

What this means is that they could NOT legally change the payment due date by moving it up. If it was the first, they could make it the 15th put only for future months. In other words if your payment was due on 10/1 they could not make it 9/15 only 10/15.

If you lease did not say no dogs, then they can't force you to get rid of the dog. They knew you had the dog when they purchased the property. So I would call their bluff. Tell them to start eviction and you will go to the hearing and tell the judge how they illegally moved up the due date anf how they have harassed you about the dog.

Of course they can turn around and just terminate the lease. But they would have to give you another one month notice that they are doing so.