Ask Me Help Desk - Surprised

Surprised

My fiancé & I, well ex I guess, live together in an apartment upon her request after I lost my job. She told don't worry about a thing, so I moved in & my name is on the lease. Its been 6mos & have 100s of applications out. So she has paid for everything, but out of the blue she comes up around 9:30cst this morning & told me, verbally only, I have 3 days 2 get out. Isn't there a certain amount of time she has to give me to get my exit going. We moved here to Mississippi from North Carolina 2 years ago so I'm trying to get my family come down & help me out of this situation.

If your name is on the lease.. she can't throw you out at all.

If the lease was in her name alone.. she'd have to evict you under the current laws of your state... which would require a 30 day notice.

When you say your name is on the lease are you co-leasees or are you listed as an occupant? Some leases list all person living in the apartment but only one is the lease holder.

If you are a leasee, then she can't force you out, only the landlord can. And even then you would have to be given 30 days written notice to vacate.

Quote:

Originally Posted by ScottGem

When you say your name is on the lease are you co-leasees or are you listed as an occupant? some leases list all person living in the apartment but only one is the lease holder.

If you are a leasee, then she can't force you out, only the landlord can. And even then you would have to be given 30 days written notice to vacate.

At the top it
...
They put me & her son on the bottom as occupants. So I have the right to live here I'm guessing. But isn't "the get out" need to be in written form or is 3 day verbal legal?

Eviction is 30 days written... not three days written. In most of the country. And you can fight that dragging it out before it can be enforced...

If she locks you out before then... thats a contructive eviction and illegal... call the police if that happens immediately.

Quote:

Originally Posted by smoothy

Eviction is 30 days written...not three days written. In most of the country. And you can fight that dragging it out before it can be enfoced...

If she locks you out before then...thats a contructive eviction and illegal...call the police if that happens immediately.

She said the police will remove me. Her & the office lady are coffee pals so don't know what they have worked up. I'm not trying to stay I just need more than 3 days for assistance. Should it come from her or the office?

Quote:

Originally Posted by bshaff

She said the police will remove me. Her & the office lady are coffee pals so don't know what they have worked up. I'm not trying to stay I just need more than 3 days for assistance. Should it come from her or the office?

To be blunt, She's full of manure... substitute the proper 4 letter word.

SHe can't lock you out... she HAS to have you served with a 30 day notice to vacate... and after that she has to file with the court to have the eviction enforced. THat might not happen right away and might be days or even weeks.after that.

Those are your legal rights... and that is only IF she has the legal standing to evict you in the first place.

The police can't even evict you... the Sherrifs office has to do that and they won't until you have been properly served and then only after the court hearing to enforce the eviction at which you can fight it.

She can flap her gums all she wants... but until you are served in writing... that 30 day period hasn't started.

I'd talk to your landlord or rental office... if you are legally responsible to pay the rent if she fails to... then she has no standing to evict you in the first place.

If I was you I'd go to the local police station... make a report she's been threatening you... and might file false claims of an assault because she is attempting to illegally evict you before you can make araingments to leave on your own.

This will cast a doubt on anything she might try later. Just don't let her push you that far.

Quote:

Originally Posted by smoothy

She's full of manure....substitute the propert 4 letter word.

SHe can't lock you out....she HAS to have you served with a 30 day noticve to vacate...and after that she has to file with the court to have the eviction enforced.

Those are your legal rights...and that is only IF she has the legal standing to evict you in the first place.

The police can't even evict you...the Sherrifs office has to do that and they won't until you have been properly served and then only after the court hearing to enforce the eviction at which you can fight it.

So if I hold onto the lease with my name on it there is nothing she can do without a 30 day notice given to me?

Quote:

Originally Posted by bshaff

So if I hold onto the lease with my name on it there is nothing she can do without a 30 day notice given to me?

Correct.
Three days is the 'pay rent or vacate' time, if you are in default of payments that are stated on the lease. 30 days is the 'your tenancy here is terminated' because I just don't want you here anymore, but doesn't apply if there are still months left on the lease.
If you fail to vacate, however, no one can throw you out or lock you out or throw out your possessions. Someone, either the landlord or your roommate, has to go to court to evict you, and that takes time.

Quote:

Originally Posted by bshaff

So if I hold onto the lease with my name on it there is nothing she can do without a 30 day notice given to me?

If your name is on it in a manner that legally obligates you to make payments if she fails to... then she can't evict you. Your landlord or rental office can clarify that for you.

If you left in that situation and she couldn't make the rent... they could legally come after you for it... for the remainder of the lease period.

Your exact status on the lease is important for that reason.

Quote:

Originally Posted by smoothy

If your name is on it in a manner that legally obligates you to make payments if she fails to...then she can't evict you. Your landlord or rental office can clarify that for you.

If you left in that situation and she couldn't make the rent...they could legally come after you for it....for the remainder of the lease period.

Your exact status on the lease is important for that reason.

But the 3 day verbal is still bs then even if I'm not obligated for rent? We have lived here together for 6mos.

Quote:

Originally Posted by bshaff

But the 3 day verbal is still bs then even if I'm not obligated for rent? We have lived here together for 6mos.

Eviction laws don't care if you live there free.

A 3 day notice is usually a pay or quit... giving someone late on a payment (or other violation corrected ) notice they have three days to come current on everything owed or eviction will be filed. And THAT is a 30 day notice except in Florida or California.

Quote:

Originally Posted by smoothy

Eviction laws don't care if you live there free.

A 3 day notice is usually a pay or quit.....giving someone late on a payment (or other violation corrected ) notice they have three days to come current on everything owed or eviction will be filed. And THAT is a 30 day notice except in Florida or California.

Thanks, that's a little less stress.

Verbal counts for next to nothing in tenant law.

ANY notice to vacate has to be in writing. It depends on where you live as to how much notice she has to give you. It can range from 15 days to 60 days.

In MS you would need 30 days notice. It won't help you to go to the landlord because, if you are listed as an occupant, then she is your landlord.

Quote:

Originally Posted by ScottGem

ANY notice to vacate has to be in writing. It depends on where you live as to how much notice she has to give you. it can range from 15 days to 60 days.

In MS you would need 30 days notice. It won't help you to go to the landlord because, if you are listed as an occupant, then she is your landlord.

She just sent me a notice to vacate for no monies, with the 3 days to leave. She had me taken off the lease today. Now what?

Quote:

Originally Posted by bshaff

She just sent me a notice to vacate for no monies, with the 3 days to leave. She had me taken off of the lease today. Now what?

it was an email.

Quote:

Originally Posted by bshaff

She just sent me a notice to vacate for no monies, with the 3 days to leave. She had me taken off of the lease today. Now what?

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 lying 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.

If she tries to do anything before then or any other way... call the police yourself.

Quote:

Originally Posted by bshaff

She just sent me a notice to vacate for no monies, with the 3 days to leave. She had me taken off of the lease today. Now what?

Did you read what we told you earlier in this thread... thats NOT legal... so its not a legal notice..

She HAS to give you a 30 day notice to vacate... and she can't even give you a 3 day pay or quit without some written agreement for rent. And even that's not a vacate notice... it gives you three days to pay before she gives you the LEGALLY REQUIRED 30 day notice of Eviction.

After further research, you may be in trouble. This site indicates that she may be able to give you a week's notice: Mississippi Termination of Lease Notice Law - Lease - Landlord Tenant.

Now this is subject to interpretation. I'm assuming that her lease is from year to year. Since you were on the lease, even as an occupant, in that case, then a 60 day notice could be required. Or at least 30 days. However, as just an occupant, the law might interpret it that you are a month to month and therefore only a week is required. But clearly 3 days is not enough, and I don't think an e-mail would qualify as written.

You can print out that site and show it to her and tell her a court is going to require her to give you 60 days written notice.

But what is clear here is that she can't put you out. She has to go to court and get a legal eviction order. And that means you get to plead your case before a judge. I'm going to take a guess here and say that her ignoring the law is going to inspire the court to side with you. You will still have to vacate, but I think the court will give you at least 30 days and maybe 60.

If she does try to put you out, you call the police and they will force her to let you stay. Or you could sue for an illegal eviction.

I also have to disagree with smoothy. As an occupant, I believe she can remove you from the lease without your consent. But that still doesn't give her the right to just kick you out. She still has to treat you as her tenant and that means she still has to follow the law to get you out.

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.