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    christy1313's Avatar
    christy1313 Posts: 3, Reputation: 1
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    #1

    Dec 18, 2007, 05:49 PM
    Tenants rights on eviction process
    I'm being evicted for not paying my rent on time. My question is does the landlord have the right to come to the front door and ask my 14yr daughter to get her brother and when she turns her back, he (the landlord & his wife)open the security door and come in and his wife starts viedo taping the inside of the house. Going in my room, my sons (and opening doors and closets) and my daughters room.
    I know I'm in the wrong but... can he just walk in and when I'm not there? Can he also put in new carpet when I'm still living there? I've only received the 3 day notice.

    Thank you

    Christy
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Dec 18, 2007, 06:32 PM
    Hello christy:

    It's still your house until you've been legally evicted. So no, he just can't walk in. He need to give you reasonable notice. Yes, he can install carpet as long as he gives you reasonable notice. 3 days seems to be reasonable.

    What is he going to do with the tape? It can't be used for anything against you.

    excon
    jdblev's Avatar
    jdblev Posts: 8, Reputation: 3
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    #3

    Dec 18, 2007, 10:50 PM
    a. How late on rent are you? b. how many months behind are you c. how many times have you been late?
    As far as can he come in. it depends on what type of apartment or house it is.

    The tape can be used . If you trash the place on the way out or if you have already trashed it. They now have it on tape and it can be used to show the court the condition of apt or home

    You have a man and a lady of age somewhere between 35- 65 and then you have a 14 daughter of a person that doesn't pay rent for whatever reason. It's their word or hers. They might say that your daughter let them in.
    Why would you care when they put new carpet in?
    oneguyinohio's Avatar
    oneguyinohio Posts: 1,302, Reputation: 196
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    #4

    Dec 18, 2007, 11:50 PM
    I think you're better served to focus your energy on finding a new place. You'd waste a lot of time and energy and maybe money trying to have any consequences come to the land lord. There are obviously things that happened to make both sides upset. I agree with the previous posts that it would just be the landlords word against yours. That does not mean that he is totally right, but I doubt that he can really be punished for anything. You might prolong the situation, causing grief for both sides, but he'll probably figure you would have done that anyway so he won't learn any lesson or anything of that nature.
    christy1313's Avatar
    christy1313 Posts: 3, Reputation: 1
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    #5

    Dec 19, 2007, 02:36 AM
    Quote Originally Posted by excon
    Hello christy:

    It's still your house until you've been legally evicted. So no, he just can't walk in. He need to give you reasonable notice. Yes, he can install carpet as long as he gives you reasonable notice. 3 days seems to be reasonable.

    What is he going to do with the tape? It can't be used for anything against you.

    excon
    OK, thank you.

    Regarding the tape, I don't have anything to hide! And that's what the Sherriff said,the landlords are looking for any "dirt" against me. I just feel violated.

    Thanks again
    christy1313's Avatar
    christy1313 Posts: 3, Reputation: 1
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    #6

    Dec 19, 2007, 02:49 AM
    Quote Originally Posted by jdblev
    a. how late on rent are you? b. how many months behind are you c. how many times have you been late?
    as far as can he come in. it depends on what type of apartment or house it is.

    The tape can be used . if you trash the place on the way out or if you have already trashed it. they now have it on tape and it can be used to show the court the condition of apt or home

    You have a man and a lady of age somewhere between 35- 65 and then you have a 14 daughter of a person that doesn't pay rent for whatever reason. it's their word or hers. they might say that your daughter let them in.
    why would you care when they put new carpet in?

    I'm only late on Dec.'s rent. Haven't been late. Just ran into hard times this month!! My house is clean.
    I understand what you are saying about there word against my daughter(14) & son(17). I just think that's crap!!
    Question: there is a lot next to my house that I'm responsible for watering and mowing and picking up my dog's droppings, the landlords put a lock on the outside gate and didn't give me a key. And they had the trash company take away the trash cans. Can they do that?

    Thank you
    Christy
    jdblev's Avatar
    jdblev Posts: 8, Reputation: 3
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    #7

    Dec 20, 2007, 10:03 AM
    Hey, If it's just this month your late on, they don't have a leg to stand on. Have you tried talking to them? Did you tell them you were going to be late with the rent? Communication is key. With the trash being taking away it depends on what was in the rental agreement. Same with the lot next door. If it's in writing that they both will be provided to you while renting. How well did you get along with them before the late payment? How many months are left on the lease/ rental agreement? Let me know the answers to these questions so we can try help this out the right way
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #8

    Dec 20, 2007, 10:19 AM
    Quote Originally Posted by jdblev
    Hey, If it's just this month your late on, they don't have a leg to stand on.
    Hello again:

    We welcome the help jd, however, because it IS the LAW board instead of the opinion board, accuracy is key.

    In fact, if she's late on the rent, by a even one DAY, she's in violation of the lease and can be evicted. So, the landlord does indeed, HAVE a leg to stand on. This lady is at least 18 days late. Should the landlord do nothing?

    Which brings me to you, christy. Jd is right in that you can't be evicted for paying rent "late". You can only be evicted for NOT paying your rent at all. If the legal eviction process has not yet been to court, you can cure the lease defect by PAYING your rent NOW, or at any time up until you get to court. You also must pay ALL late fees.

    You didn't ask about your eviction, so I didn't answer you. I figured you knew what you were doing there. I don't know. Maybe you do.

    excon
    jdblev's Avatar
    jdblev Posts: 8, Reputation: 3
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    #9

    Dec 26, 2007, 11:42 PM
    Christy it's true I have no training in this field. My info comes from trying to find out what the agreement states.

    Just wondering what happened. I have never heard of anyone being evicted for being late. Now making you pay a late fee, I have. What did it say in the agreement. About late payments?

    As much as a pro excon is, he didn't offer you any outstanding help. He said you had to ask more questions before he could help you.

    Good luck!
    red_angel197292's Avatar
    red_angel197292 Posts: 4, Reputation: 1
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    #10

    Dec 27, 2007, 12:35 AM
    No I don't think they have the right in the tenants rights is that they have to have a court order to put you out and you can get them for harassment believe me I am there now

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