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    rockerqueen63's Avatar
    rockerqueen63 Posts: 1, Reputation: 1
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    #1

    Jan 18, 2008, 10:22 AM
    About to get thrown out on the streets with no notice at all is it legal?
    Can a landlord force you out of a residence if you have a verbal agreement to leave by a said date then he finds a renter in the mean time, and says your defaulting on the lease I want you out? After you paid the final months rent(as he asked us to do, but now says it wasn't the final month stateing now that we paid 1st months and a deposit, but not final months rent) our lease says it was 1st months and a deposit, but last moth he called it a final month?we wouldn't have stayed if we had not agreed it was the final months at that point... and my husband became unemployed doesn't that break the lease in the first place?
    My husband is out of state I am alone here with my daughter, and they are trying to push me out of the house , when we are leaveing Tuesday that's the first flight we could afford for my husband to take off on and come here, but we have his ticket bought and plan to leave, and if we don't then we have been threaten with congered up law suit.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Jan 18, 2008, 07:22 PM
    The landlord must give you a 3 day notice or a 10 day notice depending on where you live. Then he must take you to court and legally evict you. Just because he says get out - that is not legal. If he insists on evicting you without doing it legally, you can sue him for wrongful eviction.

    Get your lease out and look it over. See if it contains anything about you giving him notice to vacate.

    Call the cops if he tries to do anything before you leave. You should have given him written notice of just when you planned on leaving. Don't assume everyone is on the up and up when it comes to leases and landlords, as they are not.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Jan 19, 2008, 08:50 AM
    Quote Originally Posted by twinkiedooter
    The landlord must give you a 3 day notice or a 10 day notice depending on where you live. Then he must take you to court and legally evict you. Just because he says get out - that is not legal. If he insists on evicting you without doing it legally, you can sue him for wrongful eviction.

    Get your lease out and look it over. See if it contains anything about you giving him notice to vacate.

    Call the cops if he tries to do anything before you leave. You should have given him written notice of just when you planned on leaving. Don't assume everyone is on the up and up when it comes to leases and landlords, as they are not.

    Absolutely - no matter WHAT the circumstances the landlord has to follow the law -
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jan 19, 2008, 09:42 AM
    Well I will say a landlord is "suppose" to follow the law. If they break the law, then you can sue them for your damages and losses.

    But when they give you a notice if you don't move, they have to file in court for a hearing, at the hearing you can defend what is done, show proof of reciebts, cancelled checks and the such. If you are right, the court will not evict you, if you are not right, the court can.

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