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    melgailwscc's Avatar
    melgailwscc Posts: 7, Reputation: 1
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    #1

    Dec 27, 2010, 10:46 AM
    Help with eviction?
    Hi.
    Just a quick question.
    I've been evicted from my apartment, they gave me a 30 day notice and had to be out the 17th. They also granted me an extension due to holidays, which I'm extremely grateful for and now say I have to be out the 30th.
    I'm on section 8, waiting for my house to be inspected. Is there anything I could do?
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
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    #2

    Dec 27, 2010, 11:50 AM
    Have you TALKED to any of the parties involved? And what exactly happened, you were evicted from an apartment but are able somehow to rent a house??
    The first thing you do is talk to the present landlord and ask if you can pay for January. If you are in arrears for past months, I doubt that it will work. If you have small children, you should talk to the town social worker. You should talk to the housing authority in charge of Sect 8. And so on. Talk to people.
    melgailwscc's Avatar
    melgailwscc Posts: 7, Reputation: 1
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    #3

    Dec 27, 2010, 11:58 AM
    I've already talked to the landlord, they say they need the keys by the 30th. I've got two boys, I've talked to my case manager and she said there is nothing she could do. Any advice would be perfect. It should only take until next week to get it inspected.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #4

    Dec 27, 2010, 12:10 PM
    Quote Originally Posted by melgailwscc View Post
    Hi.
    Just a quick question.
    I've been evicted from my apartment, they gave me a 30 day notice and had to be out the 17th. They also granted me an extension due to holidays, which i'm extremely grateful for and now say I have to be out the 30th.
    I'm on section 8, waiting for my house to be inspected. Is there anything I could do?
    Let's clarify something: were you evicted through a judgment entered by the court, or the landlord simply chose not to renew your lease and asked you to move? There is a HUGE difference between the two.

    Typically, if a landlord files for eviction, they don't give extensions - they want you out, you didn't move, so they file for eviction and are granted the judgment.
    melgailwscc's Avatar
    melgailwscc Posts: 7, Reputation: 1
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    #5

    Dec 27, 2010, 12:33 PM
    I was given a 30 day notice to move or either get evicted if I didn't. Then they extended my move-out date until the 30th, due to Christmas.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #6

    Dec 27, 2010, 12:56 PM
    Quote Originally Posted by melgailwscc View Post
    I was given a 30 day notice to move or either get evicted if I didn't. Then they extended my move-out date until the 30th, due to Christmas.
    So you haven't technically been evicted yet, just given a 30-day notice. What reason did they give for asking you to leave? Are you behind on rent or is it something else?

    Maybe see if your case worker could give you a letter stating that there is a delay and your inspection should be completed by or on XX/XX/2011.

    What state are you located in? Laws vary from state to state regarding rental property and I'd like to look into this a little more for you. For example, some states like Florida only require that the landlord give you a 15-day notice; others require a 30-day notice. Some states also require that if you stay past the move-out date, you are liable to pay for the entire month even if you only stay one extra day.
    melgailwscc's Avatar
    melgailwscc Posts: 7, Reputation: 1
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    #7

    Dec 27, 2010, 03:00 PM
    3 year old accidentally over-flowed the bath-tub while I was cooking dinner in the kitchen. I've asked for the proof of damages (pictures, ect) because as far as I could tell, there wasn't any. I had it all cleaned up and there wasn't hardly any water on the floor to begin with.

    I'm in Kentucky.

    Thanks!
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #8

    Dec 27, 2010, 03:21 PM
    Quote Originally Posted by melgailwscc View Post
    3 year old accidentally over-flowed the bath-tub while I was cooking dinner in the kitchen. I've asked for the proof of damages (pictures, ect) because as far as I could tell, there wasn't any. I had it all cleaned up and there wasn't hardly any water on the floor to begin with.

    I'm in Kentucky.

    Thanks!
    Did their notice state their reason for eviction in writing? Or did it simply state that it was a 30-day notice?

    Do you have a written, signed lease? What are the terms of your lease? Is this an early termination or is your lease about to expire?
    melgailwscc's Avatar
    melgailwscc Posts: 7, Reputation: 1
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    #9

    Dec 27, 2010, 03:29 PM
    They said property damage, which they haven't provided me with proof of the damage, as I am willing to pay and have told them that many times.

    Signed lease and early termination, my lease wasn't up until the 28th of Jan.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #10

    Dec 27, 2010, 03:47 PM
    Quote Originally Posted by melgailwscc View Post
    They said property damage, which they haven't provided me with proof of the damage, as I am willing to pay and have told them that many times.

    Signed lease and early termination, my lease wasn't up until the 28th of Jan.
    Then I'd send them a letter saying that you want something in writing which outlines the damages from a licensed professional who inspected the apartment. Also inform them that you will be vacating at the end of your lease; pay rent for January and stay in the apartment until the new place is ready.

    Take pictures of EVERYTHING before you leave. Ask them to come to the apartment and complete a walk-through inspection which you both sign before you vacate the premises.

    If they really push the issue and try filing for eviction anyway, make sure you show up in court to argue that a)there was no damage to the apartment and b)you were going to move at the end of the month anyway.

    Additionally, if you really tick them off you risk losing your security deposit. BUT they have to provide you with a detailed breakdown of any amounts they've withheld - they can't just say "Your deposit was $500, damage repair cost $500; you don't get your deposit back." They need to prove your deposit was used to pay for any damages you caused. So if they DO withhold your deposit and don't provide you a written reason why within a month, I'd send them a certified letter asking them to return the deposit immediately or you'll be filing in small claims against them.
    melgailwscc's Avatar
    melgailwscc Posts: 7, Reputation: 1
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    #11

    Dec 27, 2010, 04:04 PM
    I've asked for a walk-through on my apartment a few weeks ago, because they were giving me a bad reference due to maintenance saying my carpet was ruined and smelled of my dogs. She said they wouldn't do a walk-through while I'm still in the unit.

    Would it be all right to stay until my lease is up, even though I am on Section 8?
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #12

    Dec 27, 2010, 04:28 PM
    Quote Originally Posted by melgailwscc View Post
    I've asked for a walk-through on my apartment a few weeks ago, due to the fact that they were giving me a bad reference due to maintenance saying my carpet was ruined and smelled of my dogs. she said they wouldn't do a walk-through while i'm still in the unit.

    Would it be alright to stay until my lease is up, even though I am on Section 8?
    Okay, now this is a little more complicated. Before you said your child overflowed the tub and there was no damage, but they were claiming damage. Now you're saying that maintenance told the landlord that your dogs damaged the carpeting. Did your dogs damage the carpeting? Did you happen to do a walk-through prior to moving in?

    Does the lease allow you to have pets? Did you pay a pet security deposit?
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    melgailwscc Posts: 7, Reputation: 1
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    #13

    Dec 27, 2010, 04:34 PM
    I meant they were giving me a bad reference for the carpet, which the dogs did no damage because they are both house-broken but that wasn't stated on my 30 day notice, just saying. I did pay a 450 non-refundable pet deposit and yes they accept pets. I did do a walk-through prior to moving in.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #14

    Dec 27, 2010, 04:38 PM
    Quote Originally Posted by melgailwscc View Post
    I meant they were giving me a bad reference for the carpet, which the dogs did no damage because they are both house-broken but that wasn't stated on my 30 day notice, just saying. I did pay a 450 non-refundable pet deposit and yes they accept pets. I did do a walk-through prior to moving in.
    Ohhhh, ho ho ho... "non-refundable pet deposit"? Absolutely not. It's called a deposit, not a payment. If the dogs did no damage to the apartment, then they are REQUIRED to return your deposit.

    After the first walk-through, did you both sign something stating that there was no damage to the apartment and that you agreed it was in good condition?

    At this point, I'd send them a certified letter stating that you will be moving out at the end of your lease, you would like to do a walk-through on the same day you return the keys to them and you would like your pet security deposit returned as soon as possible. Again, take pictures of EVERYTHING and have a date stamp on them if possible.

    If you're on Section 8, just make sure they get their rent money for January.
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
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    #15

    Dec 28, 2010, 08:05 AM
    this8384, I believe that many landlords require extra $ for pets, non-refundable, and that they are legal. We don't know how it was worded in this case.
    This story sounds weak to me. Water damage could have gone through the floor, and dogs, even housebroken ones, go in the house sometimes, and the smell isn't always obvious to owners.
    Aside from that you can let the eviction process go it's full course. You may have a very tough time finding another landlord.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #16

    Dec 28, 2010, 08:20 AM
    Quote Originally Posted by joypulv View Post
    this8384, I believe that many landlords require extra $ for pets, non-refundable, and that they are legal. We don't know how it was worded in this case.
    This story sounds weak to me. Water damage could have gone through the floor, and dogs, even housebroken ones, go in the house sometimes, and the smell isn't always obvious to owners.
    Aside from that you can let the eviction process go it's full course. You may have a very tough time finding another landlord.
    joypulv, I am a landlord. I CAN charge extra for a pet deposit and no, I CAN'T keep it "just because." A deposit is refundable UNLESS damage has been caused, in which case the deposit needs to be applied toward the repair of said damage. The statement "non-refundable deposit" makes me raise my eyebrows.

    That's why I said they should ask for a written statement from a licensed professional who examined the apartment. The landlord can't claim damage and not provide any proof of it.

    Additionally, it doesn't matter how it was worded. A landlord cannot have a tenant agree to something that violates their rights. For example: a landlord cannot include in a lease that if a tenant falls behind on rent, the landlord has the right to change the locks and throw the tenant's belongings into the street. That is a violation of the tenant's rights and against the law. So no, wording is not an option - a landlord cannot charge for a deposit and then keep it if no damage was done to the premises.

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