Landlady sent eviction notice today!

[MovingForward_2012]

Well, our landlady sent us a letter via email today stating we need to be out by Jan 31st or she will file for a eviction and sue us. We paid our rent on time every month for the past 3 1/2 years and paid this month's rent on time as well. She is just upset that we don't plan to buy her home after she ignored the list of repairs from Oct to Now and fluctuated the price on the home +\-$40,000 from Oct to now, and because we have outgrown the house and it is too small for us. She sent the notice to vacate via email and not certified letter today Jan 10th. By law we have until Feb 10th if we received the certified letter today but all we got was an email. So I'm thinking the certified letter won't come until the 15th so we by law have until then plus it takes 30 days to receive an order for eviction by the court. We most likely won't close until the first week of Feb. I am so very stressed now. I can't believe she told us to vacate in 20 days via email. So when we are still here Feb 1st, things are going to be interesting with cops etc. I just wish the loan process would go quicker! But it has to go through two underwriters. Sad, angry, and stressed!

[JM-AM]

When is home going to be ready?

[missfontella]

In my state, the sheriff is not going to anyone's home without a court order/ unlawful detainer. And then there are 10 more days after the landlord has been granted possession by the judge. What does your lease say? Evictions are by court order (and affect your credit). She can ask you to leave. She can terminate your lease with proper notice. But only a judge can evict you. 

Then again, that's here in Virginia. Other states may vary but I doubt it is by much

[MovingForward_2012]

There is no lease. We are renting month to month. The home we are buying is a brand new construction and it is ready now. We have the code to the door and can come visit when we want but can't move in until after closing. I don't want anything to affect my credit and it shouldn't because I have paid her on time and was going to give her prorated rent for the days in Feb that we would be here. So very sad and I have a little 6 year old son in school. We are a family about to be on the streets as I refuse to get an eviction notice on my credit report when I have paid all my rents on time just because she wants me suffer for not buying her house. I shouldn't be forced to buy her house or face eviction because I bought another house. This is totally unfair! I am supposed to have 30 days from notice to vacate, which should be the 15th of Feb if I get the certified letter Jan 15th. It should be a 30 day notice regardless if there is a lease or not. And I told the loan officer to step on it because once I tell her I'm not buying, she's going to try to evict me and that is exactly what is happening. Ugh!

[JM-AM]

When is your file going back into UW?

When is your projected closing date according to your LO or Broker?

If you should be closing in Feb, you could ask the builder if it would be okay if you moved in on Feb 1st even if you paid him rent for the month. Builders I deal with have worked out deals with clients to start moving in and staying on the premises as long as closing during that month, and havent charged anything to them. It is not always granted from the builders, but you have nothing to lose by asking.

Thats a tough situation for you to be in, and since I know absolutely nothing about the eviction process (never had one and never had to issue one thank goodness), I am absolutely no help for information on what you could or cant do.

[MovingForward_2012]

Thank you so much!!! I will talk to my realtor about it tomorrow. That would be wonderful! I'll write more when I get back.

[Anonymous]

I'm very sorry to hear this happened to you.  I can imagine it's stressful.  I think starting with your realtor is the best plan.  Chances are they have seen something like this before, and it's their job to help you deal with this kind of nonsense.

Now, I'm partially speculating here, but I do not believe she can evict you with less than 30 days' notice.  I'm pretty sure there isn't a state in the US that will allow less of a notice.  If 30 days can get you close enough to be out and the builder can be flexible, I would advise her that you'll be out by 2/11 and be done with it.  Cover your own rear and make it YOUR 30-day notice since you're month to month.  Some people are just crazy.

Good luck.  Looking forward to hearing you've made it past this hurdle.

[MovingForward_2012]

I talked with my loan officer today and he thinks he can get me closed by Feb 10th. And I am waiting on a check from my 401K to move so it will probably be the last week in Jan that I would be able to move so I won't be there for very long before closing if he allows it. My loan has to go to two underwriters due to the type of loan we are getting. My app will go to the first UW tomorrow or Mon and he said it will spend a week there and then it will go to the second underwriter and that will take about 3 days my LO said. And I will only have to write one set of LOEs. I have to take a homebuyers class and I plan to take that this weekend and send the certificate of completion off to the loan officer. I will talk with my realtor and builder tomorrow to see what they can do. I'm praying they will help us.

[MovingForward_2012]

We are in our new home right now just hanging out and thinking...sigh!

[Anonymous]

How can she legally evict you without a written lease?  Landlords have to have legal reasons to evict tenants.   You cannot be evicted because you made a decision she doesn't like.  SHe can ASK you to leave but even then she must give enough notice (whatever the legal amount of time is in your state).  I doubt the sherif will be knocking at your door because she would have to procur a legal written document showing that you are her tenant in order to get you evicted. Best of Luck with closing asap.