Ask Me Help Desk - Surprised

Quote:

Originally Posted by smoothy

How did SHE do that.....if your name was on it then it was a legal contract and not even the landlord could do it without mutual agreement and YOU being there..

Stop believing what SHE says....its obvious that A:. she lie lieing to you and B: she doesn't have a clue what the law actually is.

You are legally a resident....and a tenant....and despite what her deluded mind believes....as long as you don't physically assault her.....you have to be served a 30 day notice in writing...and you still can't be forced to leave by anyone but the Sheriffs.

Her & the landlord are friends. I wasn't there our asked anything so I don't know how or what they worked out. No violence here on my part, she is the verbal aggressor, I'm just keeping to myself trying to get ahold of family. The written thing does email count?

Quote:

Originally Posted by bshaff

Her & the landlord are friends. I wasn't there our asked anything so idk how or what they worked out. No violence here on my part, she is the verbal aggressor, I'm just keeping to myself trying to get ahold of family. The written thing does email count?

She will likely provoke you... So do your best impersonation of Gandhi or Jesus Christ (or even Buddha) whatever it takes so YOU cover your butt above all.

If your name was on the Lease and it was removed without your consent during the term of the lease... I'm sure the court is going to really like to hear that stunt.

Quote:

Originally Posted by smoothy

If your name was on the Lease and it was removed without your consent during the term of the lease...I'm sure the court is going to really like to hear that stunt.

Again, being on a lease specifically as an occupant, doesn't make one a signator. It means their name can be removed without consent. At least in my opinion. Doesn't mean he can just be put out though.

Quote:

Originally Posted by smoothy

She will likely provoke you.....So do your best impersonation of Gandhi or Jesus Christ (or even Buddha) whatever it takes so YOU cover your butt above all.

If your name was on the Lease and it was removed without your consent during the term of the lease...I'm sure the court is going to really like to hear that stunt.

K but I'm not trying to stay where I'm not wanted any longer than I have to. I just thought 3 days wasn't enough time for my family to here with the work week & all. What do u mean the sheriff can move me out? Is that after the 30 days or less?

She has to evict you according to the very specific legal process in your state... She can not physically lock you out herself... she has to go to court for get the eviction enforced and only do that after she can prove she has given the legally required written notice... if she wins THEN the Sheriffs will come and put you out.

You should be able to get your family to come get you and your stuff before that all plays out.

Or get them to send you money to rent a U-haul and get friends to help you load the truck up. Which is an even better option.

Who knows what lies she might dream up before then you might have to defend yourself against.

What smoothy said. Only if a court orders an eviction and you refuse to leave by the court ordered deadline, THEN she can hire a sheriff to physically remove you..

Quote:

Originally Posted by ScottGem

What smoothy said. Only if a court orders an eviction and you refuse to leave by the court ordered deadline, THEN she can hire a sheriff to physically remove you..

Family lives & work in NC so I don't know about them getting during the day on Friday to avoid all the conflict in court. But I'm hoping by 1st thing Sat. She is to worked up now to talk to her since she was out late last night. Maybe tomorrow she can without all the vulgar & anger "fingers crossed". I'm trying my best to get out of here this weekend.

Quote:

Originally Posted by bshaff

Family lives & work in NC so idk about them getting during the day on friday to avoid all the conflict in court. But I'm hoping by 1st thing Sat. She is to worked up now to talk to her since she was out late last night. Maybe tomorrow she can without all the vulgar & anger "fingers crossed". I'm trying my best to get out of here this weekend.

What do I do if she does call the sheriff on Friday? I have the old lease & she has the 1 from today.

Quote:

Originally Posted by bshaff

What do I do if she does call the sheriff on Friday? I have the old lease & she has the 1 from today.

We have explained this to you over and over. A sheriff will not do anything without a court order. To get a court order she has to follow the law and go to court for an eviction order. The law is on YOUR side, stop stressing about it and just make your plans to vacate as soon as you can. But don't go to extremes. Even if you have to wait until next weekend, she can't do anything.

Quote:

Originally Posted by ScottGem

We have explained this to you over and over. A sheriff will not do anything without a court order. To get a court order she has to follow the law and go to court for an eviction order. The law is on YOUR side, stop stressing about it and just make your plans to vacate as soon as you can. But don't go to extremes. Even if you have to wait until next weekend, she can't do anything.

K, thanks

Quote:

Originally Posted by ScottGem

Again, being on a lease specifically as an occupant, doesn't make one a signator. It means their name can be removed without consent. At least in my opinion. Doesn't mean he can just be put out though.

Agreed. As I understand it, the lease reads something like this:

"Lease of Premises:
It is hereby agreed between [Ex GF], the "lessee" and ___, the "landlord", that lessee will rent from landlord the within described premises, for a period of ...

...
The following persons will be occupants of the premises:
[Ex GF]
[OP]
[Ex GF's son]
...
Signed: ___X___ (lessee)
Signed: ___X___(landord) "

So the lease can be re-written or modified without OP's consent.

If that's the way the lease is written, OP would be a month-to-month subtenant of the Ex GF.

Quote:

Originally Posted by AK lawyer

Agreed. As I understand it, the lease reads something like this:

"Lease of Premises:
It is hereby agreed between [Ex GF], the "lessee" and ___, the "landlord", that lessee will rent from landlord the within described premises, for a period of ...

...
The following persons will be occupants of the premises:
[Ex GF]
[OP]
[Ex GF's son]
...
Signed: ___X___ (lessee)
Signed: ___X___(landord) "

So the lease can be re-written or modified without OP's consent.

If that's the way the lease is written, OP would be a month-to-month subtenant of the Ex GF.

It is very similar.
Does that change the allotted time to vacate?

Quote:

Originally Posted by bshaff

It is very similar.
Does that change the allotted time to vacate?

No. As others have told you, it varies from state to state, but she probably has to give you a 30-day notice to quit, in writing. At Post # 20 in this thread , ScottGem gave you this link to Mississippi law. If that's where you are, review that post.

As I interpret the information he linked to, it is not clear what period is required. But I would guess it to be 30 days.

Is that where you are?

Quote:

Originally Posted by AK lawyer

No. As others have told you, it varies from state to state, but she probably has to give you a 30-day notice to quit, in writing. As I recall someone earlier in this thread gave you a link to Mississippi law, as I recall. If that's where you are, review that post.

Thank you

Quote:

Originally Posted by bshaff

It is very similar.
Does that change the allotted time to vacate?

Yes, please re read my post. Again, this is subject to interpretation. Because you are a month to month tenant of the lessee, that may allow her to give you one weeks notice. On the other hand, because the lease was for a year, she may be required to give you 60 days notice.

I'm not really sure how a court will rule. But, again, she can't force you out without a court order. And if she goes to court without giving you proper notice she will, likely, lose.

Quote:

Originally Posted by AK lawyer

No. As others have told you, it varies from state to state, but she probably has to give you a 30-day notice to quit, in writing. At Post # 20 in this thread , ScottGem gave you this link to Mississippi law. If that's where you are, review that post.

As I interpret the information he linked to, it is not clear what period is required. But I would guess it to be 30 days.

Is that where you are?

Yes it is

Quote:

Originally Posted by ScottGem

Yes, please re read my post. Again, this is subject to interpretation. Because you are a month to month tenant of the lessee, that may allow her to give you one weeks notice. On the other hand, because the lease was for a year, she may be required to give you 60 days notice.

I'm not really sure how a court will rule. But, again, she can't force you out without a court order. And if she goes to court without giving you proper notice she will, likely, lose.

It is a little confusing with all the terms

What terms do you need clarification about?

Quote:

Originally Posted by ScottGem

What terms do you need clarification about?

Its just the way its worded back & forth & kind of flipped around from tenant, lessee to landlord. Then on the side in red options of 3 day & 7 day not sure which 1 applies

Quote:

Originally Posted by bshaff

Its just the way its worded back & forth & kind of flipped around from tenant, lessee to landlord. Then on the side in red options of 3 day & 7 day not sure which 1 applies

The landlord owns the place. This person also can be called the "lessor", because he or she rents or "leases" it to somebody.

That somebody would be the tenant. Another term for this is a "lessee", particularly in the case of a written contract between the landord and the tenant. Such a contract is called a "lease".

In many states, there are two minimum types of written notice which must be given before a landlord can go to court and get an order evicting the tenant they are typically (although, as we have noted, there are different periods in some states, in Mississippi for example):

a 3-day "pay or quit" notice; and
a 30-day "notice to quit".

I don't think the 3-day notice would pertain here, because as I understand it there isn't any rent due at all.

So, in the absence of an agreement to pay anything on a monthly, weekly, quarterly, or yearly basis, the 30-day written notice would probably be what is required.