My 11 year old daughter was hanging around a neighbors door 3 months ago and I was given a 7 day warning to fix the problem or else I would be evicted. On Friday, 8/22/08 my daughter threaten to punch another 10 year old (while riding on the school bus home)and I was told I was going to be evicted. Is this legal?

Depends on what your lease says. Most leases do have a clause that allows them to evict due to illegal activity. And threats may be considered illegal.

For you to be evicted, the landlord has to first give you a vacate notice. Generally this is one rental period. If you have a lease that expires sometime in the future, the notice must include a reason why the lease is being terminated early. If you don't vacate by the time limit stated in the notice, the landlrod then has to get an eviction order from the courts. You can present your case at the hearing, but if the charges are true it will probably be granted. You will then have some time to vacate before a sheriff comes and puts you out.

Well, I suggest you read your lease. You can (and it sounds like you will) be held responsible for yourself, your other residents', and your guests' behavior and actions. In many leases it states that illegal behavior is grounds for eviction. I don't know if threatening to punch someone on the school bus is "illegal", but it's clearly crossing the line. Is the person she threatened a resident where you live, also?

I suggest that you get her under control. It sounds like your landlord isn't going to (and doesn't have to) put up with her crap.

I know as a landlord I wouldn't put up with it. One brattly little kid can ruin an otherwise happy apartment complex (no offense.)

Hello hopeful:

It's hard to tell who is overreacting. Certainly "hanging around a door" isn't a crime, nor is it an evictable offense. She LIVES there. Of course, she's going to hang around somewhere, and I'll bet there's a door nearby...

Next; a kid threatening another kid AWAY from the residence, probably ISN'T a crime and it certainly ISN'T an evictable offense.

However, in the final analysis, it doesn't matter how WE"RE reading your post. It matters what your daughter is, in fact, DOING. If she's causing trouble, it WILL get you evicted. IF she's being wrongfully accused, that's another matter.

If it's the latter, I'll help you fight the landlord. If it's not, you should seek other lodging or reign in your daughter.

excon