[skychy313]

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?? :

[excon]

Is this legal??????:

Hello sky:

I don't know. Depends on the state you live in, and if she has a lease. Check at the top of this forum to find your states landlord tenant law.

But, the bottom line is, if she is a month to month tenant, she can be given 30 days notice to vacate for no reason at all.

I don't know what has to be proven in court at this juncture. 5 day, 3 day, 24 hour, pot, no pot, blah, blah, blah. All I know is, if she doesn't appear in court and tell the judge, then the landlord will win even if what he says isn't legal.

She needs to (1) pay the rent. That should cure everything (money talks). Or, (2) go to court and argue about 5 days vs. 24 hours, and why she can't pay... But, that isn't going to work.

She should opt for number 1, or start packing.

excon

[ScottGem]

As excon pointed it doesn't matter. She owes the rent so it legal to sue for it. You don't say whether she has a lease and when it expires. If its month to month then he can tell her to get out with 30 days notice. So it won't help to split hairs. Just move.