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nediu · Feb 21, 2011, 11:29 AM

Did she use unlawful eviction practices? Can we get this dismissed? CFD seller trying to evict us for an nsf returned payment, she has resubmitted and cashed it since. She would not respond to us and gave keys to our home to a strange man who entered our home without permission. He said she sent him over to "check out the place" because he wants to rent or buy it. She sent us a 30 day pay or quit notice the same day she filed to have us evicted. Then I got an email saying "this is a long story and i would like to talk to you". We had given her notice that we no longer wanted to continue our contract before we were even served and gave her our moving date. I responded to her email but she will not reply.

ballengerb1 · Feb 21, 2011, 11:38 AM

Short answer, no. She can send you that notice because your check bounced. Just because she eventually got paid doesn't change the fact that you were in violation of your lease. She can show the place anytime diring the lease period but check your local laws or lease to see if she is required to give advance notice of a showing. Why do you ask about wrongful practices, you already gave your notice, she gave you her notice and you are still in possession of the property, right?

nediu · Feb 21, 2011, 11:43 AM

No she didn't "show" the property... she gave keys to a stranger and sent him over
(at night)without any notice and he just came right in. neither of us had given notice at that point. And she filed an eviction after we gave her our notice... I don't want an eviction on my reccord that's why I want to know if I can get this dismissed.

excon · Feb 21, 2011, 11:45 AM

Hello n:

If you're out BEFORE the hearing, you won't have an eviction record.

excon

joypulv · Feb 21, 2011, 12:21 PM

Do you have a month to month or year lease or what?
You don't have the right to just tell a landlord that you don't want to continue your contract.
Before you get all up in arms about what she did, remember that she could have sued you for any remaining months on a year lease but seems to be letting you off the hook.

AK lawyer · Feb 21, 2011, 06:50 PM

Originally Posted by nediu

...
She would not respond to us and gave keys to our home to a strange man who entered our home without permission. he said she sent him over to "check out the place" because he wants to rent or buy it. ...

Originally Posted by nediu

...
no she didnt "show" the property...she gave keys to a stranger and sent him over
(at night)without any notice and he just came right in. neither of us had given notice at that point. and she filed an eviction after we gave her our notice...
...

It looks like she violated your rights here. If she tries that sort of a stunt again, call the cops.
The stranger is lucky he didn't get shot.

Originally Posted by nediu

...
i dont want an eviction on my reccord thats why i want to know if i can get this dismissed.
...

You said she gave you the pay or quit notice the same day she filed for eviction. She can't file unless you have ignored the pay-or-quit. Move out and then move to dismiss the eviction.

Fr_Chuck · Feb 21, 2011, 07:22 PM

Yes, stranger ( if he really was one, not someone she sent over to scare you on purpose)

But yes this violated your rights but most likely will not mean much to the eviction courts.

So you need to move ( you were moving anyway) and file to have the eviction proceeding ended due to the fact you have already moved. Then still show up in case they have a hearing and merely tell judge you are already moved.

ScottGem · Feb 21, 2011, 07:26 PM

How do you know she filed for eviction? As AK said, to file for eviction the LL first must show that you defied an order to vacate. Also I don't know anyplace that requires a 30 day pay or quit. Generally its 3-10 days. ANY question on law needs to include your general locale as laws vary by area.

You won't have an eviction if you leave before a court hearing.