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glenda57 · Dec 2, 2007, 09:18 AM

We rented a home. The add we answered says 4 bedroom 3 bath house on 40 acres. We rented this home. The landlord lives in California and his family did all the leg work and interviewing for the home. A lease was faxed to us for a month to month lease. There are no rules, exceptions or special provisions. Just a typical month to month lease. Oh we were asked not to smoke inside and we have not.

After three months of paying the rent exactly on time through electronic payments and maintaining the home in a spotless manner we receive an eviction notice.

The reason for the notice being we weren't allowed to hunt on the 40 acres and there was a lot of really tall grass outside of our usual yard area. We were finding a lot of snakes in the yard and we have three small children. The landlord's family did mow the immediate area surrounding the house but the other areas were left to grow. We talked to them about mowing this down and they said they didn't see a problem with it. All of this grass and area was cut down and now the landlords in California are mad. They are saying this property was an animal sanctuary! The grass was for quails etc. None of this was specified in the lease or ever brought to our attention. We live in a very rural area where hunting (deer season especially is very common).

We did not realize we were violating anything. Nothing was ever said. We received notice to vacate by the 21st of December. And last night the landlord called our home at 10:30 pm on a sat. Night telling us he wanted us out by the first not the 21st and that is why he called if we weren't out he would prosecute us for cutting his grass in his animal sanctuary.

Help what are our rights He said just because the add said house on 40 acres it didn't mean we could utilize the 40 acres. He also told us we were idiots if he had to explain something as simple as not hunting on "his" property. He is very rude and has actually told my husband to shut the fuc---up. We have apologized and explained to him we were unaware.

froggy7 · Dec 2, 2007, 09:30 AM

Technically, on a month-to-month lease he can ask you to leave with 30 day notice. So, at best, you are looking at being out in a month if the eviction doesn't go through.

I'll agree that I would expect the lease to spell out what is and isn't acceptable to do with the land, but I'm thinking that the law might very well agree with the landlord about the hunting issue. You are renting his house and land, but I'm not sure that gives you the right to kill animals that live on it, since those are not technically the property that you rented, and you are expected to return the property in the same condition as you got it.

On the other hand, with the fire issues in California, whether you could (or were required to!) mow down the grassy areas should have been clearly specified. I can only say that if I had been working on turning my land into a nature preserve, I'd be furious if a lot of hard work was suddenly undone. However, I'd also be laying out what I expected from a tenant in the lease. Of course, you should also probably have asked a few more questions before renting the place, since I'd expect to be finding snakes in the yard in that kind of place, and I would generally expect them to be left alone unless they are poisonous.

ScottGem · Dec 2, 2007, 10:11 AM

The bottomline is they probably could not get a court to evict you based solely on your mowing the grass. Without a covenant in the lease prohibiting cutting the grass they can't evict on that alone.

However, they don't have to. On a month to month lease either party can terminate the lease with notice equal to one rental period. Now you said he called you last night and said you had to be out by the 1st, But considering yesterday was the 1st, he had to mean Jan 1. I suspect he was told by counsel he had to give one month, but that really needs to be in writing.

So you need to start looking for a new place. You may be able to delay things a bit by forcing them to go to court and evict you. But they can terminate the lease for any reason. They can't prosecute for the mowing however. Without any signs or covenants in the lease, you had no way to know.

glenda57 · Dec 2, 2007, 10:49 AM

Hi, thanks for the information. Let me clarify we live in Missouri. Also, he meant he wanted us out by the first of the month. He stated the eviction notice was for the 1st not the 21st. We have our copy and it says 21st. ALSO today, he called and called me a since I told him I had spoke to the sheriff's office and they had informed me that their paperwork also shows the 21st and I should tell him to quit calling or I would file harassment charges. He has called twice since I made the post. I am beginning to wonder if he's a bit "crazy". He thought if he called and said be out Dec. 1st we would do it no matter what the paperwork said. He said he was going to have us arrested.
The harassment is wearing me out.

ScottGem · Dec 2, 2007, 11:09 AM

So he calls you the evening of 12/1 and says it wants you out by 12/1? Maybe he is a little crazy if he thinks that will fly.

You mention the sheriff's office, usually the sheriff doesn't get involved until after the first notice to vacate.

You need to research the eviction process for your state to see what rights you have to forestall the eviction. But again, since he doesn't have to give any reason on a month to month, the best you can do is stall for some time to find a new place.

glenda57 · Dec 2, 2007, 11:14 AM

Thanks again and we are looking. We live in a very small community of about 500 people. The landlord called the sheriff's office today as did I. The sheriff told him to stop calling. He's vry unhappy but he told the sheriff he wanted us out yesterday too. I think we have a looney landlord. Glad to get away from him:o :D