[susananne]

I just moved in 2 weeks ago.. I brought to her some concerns about non-working outlet.. space heaters for a heat source.. I had no phone service for 2 weeks, because she had to pay for it.. yesterday.she gave me 15 days to vacate.. I have no more money and no where to go.. I am scared and worried.. can anyone help?

[ScottGem]

Did you sign a lease?

Why would your landlord have to pay for YOUR phone service?

[JudyKayTee]

I just moved in 2 weeks ago..I brought to her some concerns about non-working outlet..space heaters for a heat source..I had no phone service for 2 weeks,,because she had to pay for it..yesterday.she gave me 15 days to vacate..I have no more money and no where to go..I am scared and worried..can anyone help?

Different States have different time frames - what State? Fifteen days seems like short notice but basically you can be evicted for any number of reasons, including the landlord not wanting you there any longer.

[susananne]

I live in Pa... she paid for phone service... ScottGem... because it was part of the lease agreement... it doesn't seem right to put people on the street simply because you want to... we are all human beings... and responsible for each other...

I never asked you to be my legal advisor... I was on here to see if anyone had a similar experience... but thanks for your compassion.. by the way.. are you related to my landlord?


Considering you both claim to be experts... you all don't have much advice to give

[simoneaugie]

What does the lease agreement have to say about termination of the contract?

Many landlords are jerks. There are compassionate ones out there. Even the good ones get screwed by bad renters. That doesn't make you a bad renter but past experience can serve to make a landlord hard. When they won't give, you have to follow the rules laid out in the contract, even if it hurts.

[susananne]

They won't give me a copy of my lease agreement... so... there I am

[JudyKayTee]

considering you both claim to be experts...you all don't have much advice to give

You want feel good advice? Your landlord is a bad, bad person who is treating you badly and should be punished. Bad, bad landlord.

You want legal advice? You haven't said anything to indicate that the landlord is not acting within the law. The cruel fact is that - and I'm a landlord, also - a landlord can remove you for just about any reason as long as the procedure is lawful. If the landlord is violating some term of your rental agreement, then please post the violation and I'll change my opinion. If you think your rights are being violated then by all means refuse to mean, wait for the eviction hearing, present your case and see what the Court orders. Their knowledge of your State's laws is certainly superior to the knowledge of anyone who has answered you because the Court will know where you are... and we do not.

In the meantime my question about what State you are in still stands because the procedure varies from State to State.

[susananne]

I am a great renter... and we are as hard to find as good landlords... the thing is.. it's a renters market right now... my place is clean.. I am up to date... I am in bed by 9.. my landlords girlfirend just doesn't like us... so...

[JudyKayTee]

They won't give me a copy of my lease agreement...so...there I am

Assuming for whatever reason that you don't have a copy of the lease my advice stands - refuse to move, wait for the eviction hearing, ask that the lease agreement be presented in Court. The Judge will decide.

The landlord has to give SOME reason for the eviction; what is he/she giving as the reason? Some States are tough on why/how a person can be evicted. More info is necessary.

[susananne]

Hey... Judy... I am scared and have done nothing wrong... your finally right... they are bad... bad people... and I am about to be homeless.. on the street... because they have a month to month lease... and decided to play God... but thanks for all you sincere concern... FYI... you sound like a landlord

They refuse to give me a copy of my lease... why would they give a reason... there is no reason... no illegal activity... up to date... clean.. respectful.. I even cooked for the guy upstairs when he had surgery... yeah... I'm terrible

I live in Pa. why... you know a free lawyer there?

[ScottGem]

Comments on this post
susananne disagrees: she agreed to pay for it.

First, may I call your attention to the guidelines for using the comments feature found here:

https://www.askmehelpdesk.com/feedba...ure-24951.html

Second this is a legal board so you DID ask for legal advice.

Third, It is very unusual for a landlord to pay for phone service. Electrical, heat, water, yes, but I've never heard of one paying for the phone.

You never answered the most pertinent question; Did you SIGN a lease? You refer to a lease that you didn't get a copy of, but did you sign it? You also referred to it being a month to month lease. Generally month to month rentals occur after a lease expires, though its not unheard of for the lease to be month to month.

But if the lease is month to month, then either of you can terminate the lease at any time. Only 15 days notice is required.

So, basically, if she wants you out, out you go. You can try appealing to her that you need more time to find someplace else to live. Also, if you refuse to vacate she will need to go through a formal eviction process.

One last point, we have tried to help you, insulting the people who you ask for help is not a good idea. Mayhbe that's why she wants you out.

[JudyKayTee]

They refuse to give me a copy of my lease...why would they give a reason...there is no reason...no illegal activity...up to date...clean..respectful..I even cooked for the guy upstairs when he had surgery...yeah...I'm terrible

Here's the Pennsylvania law - this is "why they [have to] give a reason" and also states that your landlord is acting outside the law if what you have posted so far is 100% true:

"The landlord must give the tenant written notice of the reason for the eviction and the date that the landlord wants the tenant to leave. NOTE: A written lease may provide for giving up the right to receive this eviction notice. The eviction notice must be personally delivered to the tenant or posted on the dwelling. An eviction notice, sent by mail is probably not enforceable. A written lease may state how many days notice must be given by the landlord before the landlord can evict. It the lease does not state how much notice is required, the general rule is as follows: If the term [of the lease] has ended, or it the landlord claims the tenant has breached the lease, the landlord must give the tenant thirty (30) days notice if the lease is for less than one year (this is usually month-to-month), and ninety (90) days notice if the lease is one year or more. If the tenant is behind in the rent and has an oral lease with the landlord, the landlord needs to give only fifteen (15) days notice between April 1st and September 1st, but thirty (30) days notice between September 1st and April 1st. It the tenant is not out of the property by the end of the eviction notice, the landlord must follow the procedure through the District Justice's office."

So, again, the questions about the lease and the reason for the eviction are pertinent - by law the landlord must give you THIRTY DAYS NOTICE between April 1st and September 1st.

As far as cooking for the upstairs tenant this is in the "feel good" category and has nothing legally to do with the landlord. Again, you cannot seem to sort through the "legal" and "moral" issues which are different issues entirely. I've evicted wonderful, charming, likeable people who were good to the elderly, children and animals ... but didn't feel it necessary to turn down their stereos at 3AM or pay their rent on time.

And, no, I would not recommend a "free" Attorney to you because of your attitude, which attitude I strongly suspect will sink you at an eviction hearing.

[susananne]

I don't have a bad attitude.. I am in a bad place... and not my usual self.. I apoligize.. to all who tried to help. Judy.. thank you for the Pa. Law information.. that is very helpful. I realize this is a legal issue.. I was just trying to make the point that.. along with being up to date on rent.. I am a good neighbor. Also.. someone asked about the lease... Yes.. it was signed by both parties.. she just now refuses to remit me a copy. Anymore info would be great... I again apoligize.. I'm a little short tempered these days..

[JudyKayTee]

No problem - if you refuse to move and go to Court the landlord will have to provide a copy of the lease (unless she claims there is no lease). In any event, it does not appear to me that she is giving you sufficient notice in several ways, including the time frame and the reason she is evicting you.

Keep us informed about what you do - and what she does!

And hang in there - I know it's hard NOT to get emotional about these problems. Sounds like you're between a rock and a hard place and I wish I had something to say that would make it easier.

[mike_edwards]

May I say did you not inspect the property before you moved in, you would or should have known about space heaters, I know dozens of people who have to use them to help heat their apartments, how large a area, and how much are you paying,
You can't expect a 1000 dollar a month place for 200 dollars.
A problem I often find.

[JudyKayTee]

May I say did you not inspect the property before you moved in, you would or should have known about space heaters, I know dozens of people who have to use them to help heat thier apartments, how large a area, and how much are you paying,
You can't expect a 1000 dollar a month place for 200 dollars.
A problem I often find.

I see no indication here that "Susanne" is looking for a $1,000 apartment for $200. The more I read this from her viewpoint the more I think the OP (Susanne) is possibly young, didn't know what to ask, got taken advantage of.

How large an area and how much she is paying are not material questions here - she is asking if her eviction is lawful and it would appear on the face that it is not. If SHE wants to vacate due to undisclosed problems, then it's another story but that is not the case.

[susananne]

Thank You Judy.. Again.. anymore info on this I could use.. do you know anything about HUD in case I am thrown on the street?. Should I serve her with any papers right now from a Magistrate demanding my lease copy or anything like that. Would that help delay. And to Mike.. space heaters aren't "helping" keep it warm.. they are the "only source" of heat. She told us she would have a pellet stove installed "before" we moved in. That never happened.

[ScottGem]

No you do n ot serve her with anything, since at this point nothing has happened. What you do is cite the sections of the law thaat Judy gave you and explain to her that, until she complies with the law, you are not required to vacate.

Just remember that, since you have a month to month lease, that she can get you out eventually. So you need to be looking for a new place to live.

[JudyKayTee]

No you do n ot serve her with anything, since at this point nothing has happened. What you do is cite the sections of the law thaat Judy gave you and explain to her that, until she complies with the law, you are not required to vacate.

Just remember that, since you have a month to month lease, that she can get you out eventually. so you need to be looking for a new place to live.

Exactly what Scott said - wait to see what the landlord does, then go to the hearing (and I know that is scary) and cite the law. That will buy you time but won't keep you there. She will possibly (and maybe probably) just legally evict you by serving you within the legal time frames.

In the meantime this will give you time to call around to various agencies and see what housing is or would be available to you.

[susananne]

Judy.. can I ask if you know the code reference number of the Pa. law you quoted to me. I would like to e-mail it to my landlord.. although she hasn't responded to any of my e-mails asking for a copy of my lease.. not even sure she is reading them. But maybe her seeing the law.. will make her finally correspond. Also.. don't think I mentioned I called the borough I live in on Friday... told them she has rented several rooms upstairs.. to 4 individuals.. unrelated to each other.. that share a common bath and kitchen. When I rented she made me believe it was simply a second floor apt. they told me it was listed to them as an aprtment complex. Not a boarding house.. I also mentioned the problem with my electric.. I just got an e-mail from the housing officer.. he will be here Monday Morning at 10:30a.m., and told me to contact the Super about gaining entrance to second floor.. I will probably do that tomorrow morning.. don't want to give her anymore notice than I have to. Any comments from you all would be nice... Thanks