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-   -   Being evicted (https://www.askmehelpdesk.com/showthread.php?t=247438)

  • Aug 10, 2008, 12:26 PM
    tkcar14
    Being evicted
    I am in a eviction notice because I let a family member move in temporarly and they raised the rent now they want me out because I have broken the lease how long do I have actually before he can get me out what can I do to save my home because I have nowhere to go and I have 2 kids I am a single dad and my kids live with me they are 10 and 16 what rights do I have
  • Aug 10, 2008, 12:29 PM
    JudyKayTee
    Quote:

    Originally Posted by tkcar14
    I am in a eviction notice because I let a family member move in temporarly and they raised the rent now they want me out because i have broken the lease how long do I have actually before he can get me out what can I do to svae my home becuse i have nowhere to go and I have 2 kids I am a single dad and my kids live with me they are 10 and 16 what rights do I have


    The amount of time you have depends on your State - it's "usually" around 30 days.

    You probably have little legal recourse IF you have broken the lease and the landlord wants you out.

    Was having a family member live with you a violation of the lease? Is that why you are being evicted - ?
  • Aug 10, 2008, 01:06 PM
    tkcar14
    Quote:

    Originally Posted by JudyKayTee
    The amount of time you have depends on your State - it's "usually" around 30 days.

    You probably have little legal recourse IF you have broken the lease and the landlord wants you out.

    Was having a family member live with you a violation of the lease? Is that why you are being evicted - ?

    Yes and I can get him out if its going to cost me my home I don't have anywhere to go and I am a single dad of 2 kids living with me thanks for your in put
  • Aug 10, 2008, 01:39 PM
    JudyKayTee
    Quote:

    Originally Posted by tkcar14
    yes and I can get him out if its gonna cost me my home I dont have anywhere to go and I am a single dad of 2 kids living with me thanks for your in put


    Have you talked to the landlord? It may be too late to get "him" out if you've broken the terms of the lease and the landlord wants you out.

    The landlord is not obligated to give you a second chance.

    Again, how is this address in the lease?
  • Aug 10, 2008, 02:21 PM
    tkcar14
    Quote:

    Originally Posted by JudyKayTee
    Have you talked to the landlord? It may be too late to get "him" out if you've broken the terms of the lease and the landlord wants you out.

    The landlord is not obligated to give you a second chance.

    Again, how is this address in the lease?

    He already knew he was thetre because he raised my rent 50 dollars for him being there and now he wants me out go figure I live in mobile Alabama isn't sure how the laws are here maybe you can help me with that
  • Aug 10, 2008, 02:46 PM
    JudyKayTee
    Quote:

    Originally Posted by tkcar14
    he already knew he was thetre because he raised my rent 50 dollars for him being there and now he wants me out go figure I live in mobile alabama aint sure how the laws are here maybe you can help me with that


    Have you been served with an eviction notice? If so, what is the reason you are being evicted? It has to be stated.

    Are you asking about the eviction process in Alabama or whether the landlord actually can evict you - ?

    If the landlord says you broke the lease, yes, he/she can evict you. The question is what part of the lease you broke - and that's why I asked you what the lease says about visitors or co-tenants or whatever the landlord is calling the person who is staying with you.
  • Aug 10, 2008, 03:34 PM
    tkcar14
    Quote:

    Originally Posted by JudyKayTee
    Have you been served with an eviction notice? If so, what is the reason you are being evicted? It has to be stated.

    Are you asking about the eviction process in Alabama or whether the landlord actually can evict you - ?

    If the landlord says you broke the lease, yes, he/she can evict you. The question is what part of the lease you broke - and that's why I asked you what the lease says about visitors or co-tenants or whatever the landlord is calling the person who is staying with you.

    Yes eviction notice in Alabama everybody tells me different its states to many people living on premises
  • Aug 10, 2008, 05:02 PM
    JudyKayTee
    Quote:

    Originally Posted by tkcar14
    yes eviction notice in alabama everybody tells me different its states to many people living on premises


    Straight from the landlord/tenant Alabama website:

    "If your landlord wants to evict you, she first has to
    notify you in writing and give the reason. You have a
    time limit to fix the problem – 7 days for failure to pay
    rent, 14 days for most other reasons.
    . If you fix the problem within that time, the landlord
    should stop trying to evict you. If you paid the rent
    due, keep the cancelled check. If you made repairs, get
    the landlord to sign a paper saying they’re okay.
    . If you don’t fix the problem within that time, the
    landlord can file eviction papers in court.
    . You will receive the written eviction notice, usually
    from a sheriff ’s deputy. If this happens, contact a
    lawyer right away.
    . You have only 7 days from the time you received the
    written eviction notice for your lawyer to file a written
    answer to it in court. If you don’t have a lawyer, go to
    the clerk’s office of the court that issued the eviction
    notice and ask to file a handwritten answer.
    What if the court rules against me?
    . You have the right to appeal.
    . If a district court rules against you, you have the right
    to request a jury trial in circuit court.
    . In order to stay in your home while waiting for a trial,
    you have to pay rent to the court."

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