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01-10-2013 09:35 PM
01-11-2013 02:29 AM
I would handle it like this....I would send her a certified letter in response to her email and remind her of the law. I would include documentation of payment history.....At least six months worth. Let her know I will not vacate the property unless its by proper eviction procedure.
01-11-2013 05:53 AM
01-11-2013 05:55 AM
Not sure what state your are in, but google your state housing court and it will tell you everything you need to know. I personally don't think you have anything to worry about. A general rule of thumb is the notice must be sent certified, in my state the minimum is a 5 day notice. Then after that the owner must file a claim in court and must provide proof you were served the 5 day notice and emails are NOT acceptable! Just watch your mail as well. Also once it goes to court, the landlord must show cause. The landlord has no case! The entire process can take up to 30 days! I dealt with a horrible landlord before! So I have been there. Very sad that they are taking the low road.
On another note: CONGRATS ON YOUR NEW HOME!!!!
01-11-2013 06:52 AM
01-11-2013 07:29 AM
Wow. Do not reply to email if you haven't already. But emails are not legal proof. Anyone could have access to your email address. Watch your mail. I honestly think she is just mad that she thought she trap you in buying the house because of your challenges. I pray you guys are out of there soon. She wants reaction to her misery, dont entertain her bitterness. You have enough challenges to face. The fact of the matter is, you and your family have been bless with a new home, and she is just bitter. She fail to understand there are laws that protect people from poor landlords like her. There is no written agreement between both parties and not a valid reason to ask you to leave so you should be fine. I also believe she is suppose to give you a certain amount of days in advance to let you know she needs access to the house? What state are you in?
01-11-2013 07:49 AM
01-11-2013 08:07 AM
01-11-2013 08:08 AM - edited 01-11-2013 08:08 AM
In Virginia, I believe the eviction notice can take place five days before legal action, but that's only if it's over rent. It still takes quite awhile to proceed. That's why many people get away with not paying rent for a couple months before they are evicted. It is a big ordeal for the landlord. She would have to show confirmation that appropriate notice has been given in addition to outlining what you did wrong before the court would even act on it.
Month to month leases are unique in that they require 30 day notice from the lease holder in Virginia. We are in this exact same situation, but thankfuly we live in a large apartment complex managed by a pretty cool company. We must give us 30 days' notice. Similarly, we can leave at any time, but we are responsible for notifying them at least 30 days in advance of that date so that they can begin the process of finding a new tenant for our unit.
I'm sure you'll be fine. You'll probably be laughing about this in a month. As many have said, a sheriff won't be showing up at your doorstep anytime soon, and you're fortunate to have professionals helping accelerate the process a little just to get you away from that maniac.