01-10-2013 05:29 PM
01-10-2013 06:54 PM - edited 01-10-2013 06:55 PM
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
01-10-2013 07:21 PM
01-10-2013 07:34 PM
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.
01-10-2013 07:39 PM
01-10-2013 07:47 PM
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.
01-10-2013 08:06 PM
01-10-2013 08:20 PM
01-10-2013 08:44 PM
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.