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    rocksalt's Avatar
    rocksalt Posts: 1, Reputation: 1
    New Member
     
    #1

    Apr 8, 2009, 09:46 AM
    My landlord wants to evict me.
    I need some help here, my landlord is threatening to evict me. I have been renting from her for six months in a one year lease. The signed agreement stated that I would pay a $600 deposit. I didn't have the money and she agreed in writing to allow me to pay it on a schedule. I was still not able to pay the rent and the extra for the deposit. She verbally agreed to waive the deposit if I would do some work around the property, ie: painting and such.

    Before I could get started on the painting, there was a flood in the lower part of the home due to a sewer backup during a storm. My bedroom, office, and bathroom were flooded with, 'dirty water' from the sewer. The carpet was destroyed, along with my bed, and lots of clothing and such. I spent over a full day trying to pump the sewer water out of the house, she delayed any help for two or three days while she tried to find the cheapest way to do the clean up. Finally, my son and her boyfriend pulled the carpet up and then she put several large fans in the rooms, turned up the heat to high and said to let it sit until it dried. This went on for over a week. After another two weeks of nothing, she came in and splashed some 'kills' paint on the bottom half of the walls and told me to finish the painting. All in all, I couldn't use half of the home I am renting for over three weeks. She refused to allow any rent reduction due to the 'issues'.

    She now is saying that I have been in breach of my contract since the beginning and will start the eviction process at the beginning of May. She has already agreed to mutually terminate the lease on June 15, as I am getting married and will be moving out.

    My main question is, if she decides to start the eviction process, how long will it take? Since I will be moving out within 45 days of when she plans to start the eviction, will the process take longer than that, or do I need to look for an interim place to live? And, if she does serve me eviction papers, what incentive do I have to pay her any more rent?

    Thanks in advance for any help.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Apr 8, 2009, 11:07 AM

    First, you have to pay rent upt until the date you vacate and maybe for the whole month that you vacate in. If you don't she can sue you for that amount.

    Second. How long the eviction process takes depends on your local area and laws. Generally she must first serve written notice either terminating the lease with 30 days notice or giving you a pay or quit notice of 3-10 days. The number of days depends on local laws.

    The pay or quit notice gives you the specific amount of time to pay all monies due or leave. Only after the expiration of the written notice can she apply for an eviction order. After applying for the order, a hearing will be scheduled. If she applies for the order in May and you walk into the hearing and tell the judge that you have an agreement to move out by June 15. I doubt if the judge will order you to leave before then (but again you have to pay the rent).

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