I have been living at my residence for 3 years. In July 09 I was a victim of domestic violence and I called the police to file a report. The next day I went and filed an injuction against my ex-boyfriend who does not reside at residence. The Board called my owner and questioned her about disturbance at the property (they received a copy of the report). Months went by and on 1/1/10 he returned to my residence, I let him in so there would not be a scene outside. Later that evening he became verbally abusive and refused to leave my residence, I called the police and he was arrested. The board received a report on this incedent and sent a letter to my landlord forcing her to evict me. I was a victim of a crime and I was the one who called the police for help. What rights do I have to stop this eveiction process that my landlord and I don't want?

First, do you have a lease or are you a month to month tenant? Second, what have you gotten from the landlord in writing? Finally, do you a copy of the HOA's by-laws?

The likelihood is that they can do this. The by-laws may contain some clause that makes an owner responsible for disturbances or police activity. They may be able fine the owner for what happened. They could have given him a choice to end your tenancy or be fined.

What they are doing is reprehensible but is probably legal.

I signed a lease when I moved in years ago. I received a copy of the by laws 3 years ago but I don't have an updated copy. The landlord has received a letter stating that they want her to evict me because they don't want this type of activity taking place on the property. This is the first notice she has received in writing. My ex-boyfriend is no longer an issue and I thought about wriitng a letter to the board to request a meeting to discuss this issue. Can I dispute this eviction and request a hearing, ask for a lesser penalty, like paying a fine or is there no hope?

First, there is no eviction yet. To get an eviction the owner would have to first give you a 30 days notice of termination of tenancy. Then, if you don't vacate, they will have to file an eviction order. That means you will have a chance to fight it in court.

Whether you will win however, is questionable. I will also suggest that you do not want to continue to live in a place where you aren't welcome.

So my suggestion to you is to tell the landlord you are willing move, but you need them to cover your expenses.

Thank you for your help Scott! It's true that no eviction has taken place yet, they just sent a letter to the landlord. However, I want to fight this because the Landlord is my 73 year old Aunt. If I leave, the property may go into foreclosure because she is unable to afford to pay the mortgage. Again, thank you and I now know that we have time to figure the next move.

I'm sorry, but it never ceases to amaze me how people leave out information that can change the complexion of the issue. The fact the owner is your aunt does make things a bit different.

So your aunt got a leter form the HOA. What did that letter say? Did it cite any specific violations of the by-laws?

Scott is taking you in the right direction. You can only be evicted if you violated a clause in your lease. Read the lease to see if you are required to abide by the Condo by laws, and if so get a copy of the by laws. Condo boards do funny things and just because they are a board does not insure their actions are legal. You may need to consult an attiorney since condo by laws can be a bear to read and understand. The laws could even contain a clause that states all leasees must abide by the laws, if so you could be in line for an uphill battle.

The HOA may only take actions against the owners of the property, who would have to evict you.

If the HOA rules allow them to fine the owner for trouble at the homes she may have to deal with action from the HOA.

But unless she evicts you, they can't

To answer your question Scoot, she did receive a letter and it stated that due to disruptions at my residence in July & Jan they are requesting she starts an eviction immediately. They also stated that if she does not evict, they reserve the right to evict me and pass the cost along to her.

Thank you everyone for your comments and suggestions. I hope this all works out!

Quote:

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Originally Posted by kyonna1

To answer your question Scoot, she did receive a letter and it stated that due to disruptions at my residence in July & Jan they are requesting she starts an eviction immediatley. They also stated that if she does not evict, they reserve the right to evict me and pass the cost along to her.

Thank you everyone for your comments and suggestions. I hope this all works out!

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OK, so right now it is only a request. She can ignore a request. What I would then do is have HER send a letter to the HOA asking what part of the bylaws permit them to force an owner to evict a tenant and would allow them to do so if the owner refuses and pass the cost along. If she knows an attorney it would be best to send this on a legal letterhead.

Its certainly possible the by-laws do give them that right, but if it doesn't they are blowing smoke.

I thought somewhere she mentioned she was in Virginia... but looking back I can't seem to find it but...

IF she lived in Virginia... here is the code specifically dealing with this... at least I think so.

http://leg1.state.va.us/cgi-bin/legp...+cod+55-248.31

§ 55-248.31. Noncompliance with rental agreement; monetary penalty.

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D. If the tenant is a victim of family abuse as defined in § 16.1-228 that occurred in the dwelling unit or on the premises and the perpetrator is barred from the dwelling unit pursuant to § 55-248.31:01 based upon information provided by the tenant to the landlord, or by a protective order from a court of competent jurisdiction pursuant to § 16.1-253.1, 16.1-279.1, or subsection B of § 20-103, the lease shall not terminate due solely to an act of family abuse against the tenant. However, these provisions shall not be applicable if (I) the tenant fails to provide written documentation corroborating the tenant's status as a victim of family abuse and the exclusion from the dwelling unit of the perpetrator no later than 21 days from the alleged offense or (ii) the perpetrator returns to the dwelling unit or the premises, in violation of a bar notice, and the tenant fails promptly to notify the landlord within 24 hours thereafter that the perpetrator has returned to the dwelling unit or the premises, unless the tenant proves by a preponderance of the evidence that the tenant had no actual knowledge that the perpetrator violated the bar notice, or it was not possible for the tenant to notify the landlord within 24 hours, in which case the tenant shall promptly notify the landlord, but in no event more than 7 days thereafter. If the provisions of this subsection are not applicable, the tenant shall remain responsible for the acts of the other co-tenants, authorized occupants or guests or invitees pursuant to § 55-248.16, and is subject to termination of the tenancy pursuant to the lease and this chapter.

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Thanks Scott, I will do that!