HELP!
My sister was served with a 24 eviction notice for "illegal substances". Her landlord was walking by her building and says he smelled it by her apartment( it was actually her neighbor). He taped a xerox copy of a 2004 notice and scribbled over the old date and penned in 07. The letter stated she had 24 hours to vacated premises. The following day, she received a letter by regular mail that she has a courtdate fot next week. She also still owes $108 for Jan. rent, which he previously agreed to accept her next payday, although she failed to get this in writing. The court paper she received says she is being evicted for both illegal substances and non-paid rent. He still has not served her with a five day notice for unpaid rent.
Is it legal to include the unpaid rent in this suit since she hasn't been served a five day, they had a verbal agreement and it wasn't mentioned on the xeroxed 24 hr notice first taped to her door?
Doesn't he have to have proof that she was the one smoking pot? No police were called, no police report made, no witnesses other than himself, and no previous written warnings.
We think he is trying to evict her so he can re-rent the apartment at a now higher market rate and is making up this pot situation to help his case, since he seemed to tack on the rent issue at the last minute.
Is this legal?? :
