[Jhalsey]

I am wondering some things about my lease... It says in my lease that if I don't pay rent on time my landlord can terminate this lease and is entitled to immediate possession of the property...

Does this mean she can just make us leave without written notice and with out going to court because we signed the lease this way? Also I have only paid half of March rent and none of April because our heater/AC does not work, no HOT water only luke warm can't even get dishes really clean along with the fact that the diswasher is broken and we have broken windows no securtiy bars on our sliding glass doors and a back door with a door knob that is ready to fall off which we have not received a key for and are told there is not one...

We were told before we renewed our lease that these things the security and dishwasher would be fixed... when I had a company come out here and assess the problems and got an estimate my landlord flipped and said I could not pay a company to fix it she would and still has failed to do so.

Can someone please let me know she has called to day and said I have to be out by Monday morning. She has not given me any notice in writing or gone to court in anyway is this leagal.

Thanks

J

[tickle]

I do believe she has to give you notice, she just can't throw out like that. Please call a tenants lawyer if you want to go that far. I would do just to prove a point.

[landlord advocate]

You failed to mention which state you are in. The only person who can make you leave is a judge or magistrate. This is done by the landlord posting an eviction on your door and filing an eviction with the court. Your case would be heard in court and a decision made by the judge or magistrate. Think about called your local court and finding out if you can put your rent in escrow with the court, until the repairs are made. This can ONLY be done if your rent is up to date. Not paying your rent is NOT the way to handle this!

[Fr_Chuck]

As landlord advocate noted, you can't just not pay them, you have to file and put your rent money in a escrow account, this shows you are paying the rent, but having it held due to conditions of the apartment

If they want you out, what the lease basically says is that you will be in default if you don't pay the rent as listed. At that point, they have the right to evict you. They will have to give you legal notice to move, and then if you still won't move, they can file in court for an eviction b the court, ( then they can physcially move you out even if you won't leave)
You don't really want to make the court set you out, and have that on your record, esp if you are renting in that same area, a lot of landlords will not rent to you, if you have had to have a formal eviction before.
If there are windows broken ( as long as you did not break them, in which case they are your responbiltiy to fix) and no heat and no proper hot water, call the code inspector and see if this violates local rental codes or codes for a certificate to have people live in the property,