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Valued Contributor
MovingForward_2012
Posts: 3,406
Registered: ‎12-19-2012

Re: Landlady sent eviction notice today!

That is what I was thinking too. There is no grounds for eviction like unpaid rent because I am paying on time. I truly think it is a scare tactic. But I don't want to take any chances so if we can get in our new home by Feb first, I will do that and not waste anymore time. Thanks so much everyone for your comforting thoughts. I feel we will be okay. Just a rough patch. I'll keep you all posted.
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Established Contributor
Uppingmyscore
Posts: 511
Registered: ‎12-28-2012

Re: Landlady sent eviction notice today!

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.

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Valued Contributor
MovingForward_2012
Posts: 3,406
Registered: ‎12-19-2012

Re: Landlady sent eviction notice today!

Thank you Uppingmyscore. I think that is a very good idea. I sent a reply back via email stating that moving to evict me without giving a 30 day notice is against the law. I further said the notice cannot be in an email, it has to be by certified letter. I am going to state the same as you said when I drop my 30 day notice to vacate in the mail today. This is just ridiculous what she is doing. Never thought she would succumb to something this off the wall if I decided not to buy her house. It was in the back of my mind but I was not confident she would do it and then lo and behold!
Cards: Orchard Bank ($1100) | Cap1 Cash Rewards ($2500) | Chase Freedom ($1000) | Best Buy ($2500) | Discover It ($1000) | Barclay Rewards ($2500) | Current scores: EX FAKO: 684, CK TU: 649, FICO EQ: 680, FICO TU: 698, FICO EX: 658 Happy Homeowner Since 2/6/13! :smileyhappy: Last App: 4/5/13 Gardening until July 2014
Regular Contributor
Unique620
Posts: 233
Registered: ‎10-03-2009

Re: Landlady sent eviction notice today!

How unprofessional,

 

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!!!!

Filed BK 04/2011|BK Discharged 08/2011|Hard Pull I 12/05/2012 |


Starting Score: EQ 523 03/2012
Current Score: EQ 649 I TU 655 (02/2013) EX 672(01/2013)
Goal Score: 700 on all CR's 04/2013
Valued Contributor
JM-AM
Posts: 3,303
Registered: ‎06-09-2010

Re: Landlady sent eviction notice today!

Keep us updated. Good luck.
Good Luck
May all your dreams and wishes become a reality!
Valued Contributor
MovingForward_2012
Posts: 3,406
Registered: ‎12-19-2012

Re: Landlady sent eviction notice today!

Thank you Unique! I will look up our housing laws today and let you know what they say. Private landlords are the worst. We have dealt with 5 of them over the years and only the first one was decent. All the others were absolutely horrific to deal with for one reason or another. Private landlords think they are above the law. Honestly, she had so many chances to get the repairs done and give us a fair deal. Both my son and I have disabilities. My son has Autism and I deal with chronic back pain due to a bad car accident 12 years ago. And I told her a few months ago that I doubt we will move because of these issues and she took it and ran away with it...by halting repairs and raising the price on the house and she said we MUST close by the end of Feb. Right after Christmas, her and her handyman came over to fix the kitchen sink. When she walked in, I handed her the check for Jan rent and said it will save me a stamp. The next thing that happened was she walked around the house with her handyman verifying the things I said were broke were broke. Other than the sink, everything else was operating badly since move in or was broke at move in so there was nothing new under sun. After they verified and contested some broken items that were completely broke, they left! There were some things I really wanted fixed but she said she wouldn't fix it! I got an email later on asking if I was ready to proceed with the contract and then said the price will be $205K, when in July she said it would be $181K after she dropped it because I told her the house wasn't worth $210K because it is only 1500 sq ft and doesn't have a basement. The homes that have sold in this area recently sold at $175K. And the fact that we couldn't cook Christmas dinner because the kitchen faucet floods the kitchen floor whenever you turn it on and the fact that it was still broke after her and her handyman left, infuriated me! So we decided to begin our search for a different home to purchase. When I initially told her I was on Contract for another home, she dropped the price to $175K and began to promise repairs or money for repairs. I told her it was too late, we are on contract. Then she asked if we could stay until May and not leave her in the dead of winter and I said no I am sorry but we are on Contract and we really like our new home and it won't be there in May. She then told me to have the house in showroom quality for her realtor on Feb 1st and I agreed. The next thing that followed was a text message sent with less than 24hours notice that her realtor and her would be over to look at the house. I told her we are still getting the house ready for show and it is not ready to be put up for sale yet. She said they needed to come and do other things. I reluctantly agreed and reminded her of our agreement over the phone two days ago. They come over, and block the driveway to the garage such that I had to do some intense maneuvering just to park. I come in and start feeding my son lunch and her and her realtors come in through the patio door and I said politely but sternly that I do not appreciate the garage door being blocked. She started telling the realtors about how messy the house was because we have boxes everywhere trying to start packing. I just did not appreciate this. And the realtors were staring at my son eat like they were at the zoo and I said politely that did not appreciate my home being talked about in this manner nor the invasion of my privacy after we agreed two days ago that the house would be ready for showing Feb 1st. I said, I still DO pay rent here. The next day is when the notice to vacate/eviction notice "if you don't in 20 days" came to my email account and it stated that since I do not want to be civil. This was all a setup! I was being civil but I refuse to have strangers in my home everyday until we move just because she wants to make it unbearable for me because I decided to buy another home!
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Regular Contributor
Unique620
Posts: 233
Registered: ‎10-03-2009

Re: Landlady sent eviction notice today!

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? 

Filed BK 04/2011|BK Discharged 08/2011|Hard Pull I 12/05/2012 |


Starting Score: EQ 523 03/2012
Current Score: EQ 649 I TU 655 (02/2013) EX 672(01/2013)
Goal Score: 700 on all CR's 04/2013
Valued Contributor
MovingForward_2012
Posts: 3,406
Registered: ‎12-19-2012

Re: Landlady sent eviction notice today!

Hi. I'm in Colorado. I did send a reply back via email and said that giving me 20 days notice to vacate or evict is against the law as you have to provide 30 days notice and it must be in writing sent certified. She even threatened to sue me over the repairs when it is normal wear and tear and the landlords responsibility to make sure the house is in good working condition. I have been asking for these repairs since Oct!

We can't wait until we are out of here. Since we have access to our new home now, we went over there last night just to hang out and talk about what will be going where, etc. I didn't want to leave! I'm praying the builder will help us get out of here before Feb 1st. Thank you so much for your prayers for our family. You have no idea how comforting it is to know there are people out there like all of you that care so deeply about a family of strangers.

If I may ask, why did you recommend that I didn't reply to her email?

Thanks again all so very much!
Cards: Orchard Bank ($1100) | Cap1 Cash Rewards ($2500) | Chase Freedom ($1000) | Best Buy ($2500) | Discover It ($1000) | Barclay Rewards ($2500) | Current scores: EX FAKO: 684, CK TU: 649, FICO EQ: 680, FICO TU: 698, FICO EX: 658 Happy Homeowner Since 2/6/13! :smileyhappy: Last App: 4/5/13 Gardening until July 2014
Valued Contributor
JM-AM
Posts: 3,303
Registered: ‎06-09-2010

Re: Landlady sent eviction notice today!

Just a guess.

Your reply shows you received and acknowleded the email.

Make sure you pay close attention that she doesnt have a judgement put on you in the future. Save all your records.

If she being a j*** about things you just dont know how far she will try to go.

Wishing you the best. Hope it all smooths out without issues.
Good Luck
May all your dreams and wishes become a reality!
New Contributor
slappymancuso
Posts: 167
Registered: ‎12-04-2012

Re: Landlady sent eviction notice today!

[ Edited ]

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.  :smileyhappy:  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.


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