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Regular Contributor
Unique620
Posts: 233
Registered: ‎10-03-2009

Re: Landlady sent eviction notice today!

Oh I see now. So its even a possibility that you could close any day now! Stop worrying!

 

If you do have to stay make sure you pay her February rent and on time! Even if you do move before the month is up you look like the good person you are in the situation. Next if she does file eviction with court on February 1st know that it will give you a court date of about February 8-10 to see the judge. If you have any emails or letters telling her that you closed on the house, that you gave her a specific date and/or time range you will be moving, and anything in writing that you told her you were not going to buy her house, then you will have proof that she is only doing this out of spite. They may give you till the end of February. I don't think she is going to spend the time and money on trying to get you out when she don't have a tenant coming in. Not a bright lady at all!

 

Do not worry yourself. It will work out in your favor. I am praying you close ASAP and then that really will be icing on the cake :smileyhappy:

 

Im sorry but the realtor comments is only making it worse. So just communicate with him what is necessary, which is " I need this deal to close ASAP".

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!

I was going to rent an apartment because I didn't want to be left high and dry at the end of the month when we would be forced to vacate because we hadn't closed yet. If I don't look for an apartment now and wait hopeful that we will close by the end of the month and we don't close, I would have to put our stuff in pods to get out before I get an eviction on my credit report and then we would have to live in an hotel until either we close or find a rental property. But I can't find a rental property now as I would have to sign a lease and that would kill the mortgage. So we are just going to have to wait hopeful that things work out by the end of the month.

I have a free legal consultation service through my job so I plan to contact a lawyer on Monday to see what he says about our situation and if/when I get the eviction paperwork and if we are still here after Jan 31st, I plan to pay the lawyer a retainer to go to court on our behalf instead of paying for pods and living in a hotel until closing as I believe it will be cheaper to just hire an attorney to get the eviction dismissed and if she sues for something else, our lawyer can work on a counter suit to her claim based on the circumstances that transpired and hopefully the counter suit will negate her charges.
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!

Again housing court issues do not report on credit report. Only if a judgement was made in housing court and she sue you in civil court and it is not paid in civil court will it appear on your credit report.  I know it will all work out. Keep your head up.

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
Regular Contributor
vabound
Posts: 147
Registered: ‎03-21-2012

Re: Landlady sent eviction notice today!

why would you enter into a new lease if you are closing so soon. Another landlord may run your credit which you absolutely dont want and the initial cost of renting an apt. is far greater than booking a hotel for a week. i also know you can do better than $250 a night.
Starting Scores:TU/513 EQ/484 EXP/513 3/2012 (lender pull)
Current Scores:TU/681 EQ/637 EXP/613 11/2012 (lender pull)
Goal:700 across the board
Valued Contributor
MovingForward_2012
Posts: 3,406
Registered: ‎12-19-2012

Re: Landlady sent eviction notice today!

I did some more reading on my rights and I found out I am victim to a constructive eviction, where the landlord takes retaliatory action after the tenant excercises or attempts to excercise tenant rights such as following up on a promise by the landlord to make repairs (I have in writing from the landlord that repairs to the faucet and garbage disposal were going to be made on a particular day but were never completed).  I sent a list of repairs on Aug 25, 2012 and followed up via email/text message after the initial written notice.

 

Refusing to purchase the property from the landlord isn't listed specifically probably because it is such a rare occurrence but it is essentially a retailatory action by the landlord to refuse promised repairs and take eviction action due to a tenant excercising his/her right to purchase another property (for example).  I never signed any agreement regarding purchasing her property.  Landlord/Tenant Law states that if the court finds that the landlord acted in a retaliatory manner, it is illegal and the tenant will win the entire security deposit back (regardless) plus court costs, attorney fees, and other damages which can include paid rents over a specified time period when the retaliatory action was in effect.  In order to have a case, the retaliation must have taken place within the last 6 months and all of this has occurred over the past 6 months. 

 

Since the landlord promised repairs in writing that were not made, I can also withhold a portion of the rent as required to make the repairs if deemed necessary, which the kitchen faucet is definitely a necessity as we can't cook but I have been nice not to do that and instead have continually requested repair. 

 

The landlord cannot take retaliatory action due to the tenant excercising peaceful enjoyment of the home by requiring proper notice before the landlord request entry and the tenant can deny landlord entry if proper notice is not provided and tenant shall not face retaliatory action such as eviction from it. 

 

If renting month to month, the last expired lease agreement takes effect.  And the landlord has to provide at least a 10 day notice from when the rent is due to ask the tenant to vacate.  However, if there is a 1 year lease in force, the landlord must provide a 30 day notice.  So the termination of the lease is what has caused the short time frame required by the landlord for notice to vacate.  I have to provide the same notice to vacate 10 days prior to when the rent payment is due.  So I am getting happier and happier by the moment as I read more about my rights.  I have several back and forth emails and emails with her documents such as a buyer's agreement attached that now I remember was required along with the lease through May 2013, and that is why I never signed the new lease.  Throughout the written communication, there is an expressed urgency for me to buy the property as well as expressed intent to withhold promised repairs to the home until contract to buy the property was in place. When I excercised my right to not buy the property, that is when the retaliation began. 

 

I could actually win money I had not anticipated winning as I would have moved out and not hired a lawyer if I would have been given the right to do so.  But instead, that right has become a demand from the landlord spawned from retaliation which is illegal.  So because she has caused so much hardship and stress on us already, I am going to have my attorney hit her for the maximum damages permitted by law. I can't wait to pay money to hire an attorney on Monday because I know I am going to get all of back plus some.  This bad situation is turning out to work in my favor. :smileyvery-happy:

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!

See! I told you not to worry! Thats why I told you to take information, such as emails to court with why she is asking you to leave. Also make sure to take pictures as physical evidence of repair issues. Comb your home for anything she might try to bring against you. The ball is in your court. I am glad you feel much better. Still seek the free legal conusnel for back up.

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!


Unique620 wrote:

See! I told you not to worry! Thats why I told you to take information, such as emails to court with why she is asking you to leave. Also make sure to take pictures as physical evidence of repair issues. Comb your home for anything she might try to bring against you. The ball is in your court. I am glad you feel much better. Still seek the free legal conusnel for back up.


+1, I plan to shoot a video of water shooting up to the ceiling from the kitchen faucet and also show the kitchen floor as it begins to flood.  :smileyhappy:

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!

Hey was wondering how everything is going with you. I hope all is well.

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
Frequent Contributor
basballguy
Posts: 360
Registered: ‎02-20-2008

Re: Landlady sent eviction notice today!

they have like 3 other threads open.  :smileyhappy: They closed and I believe are moving this weekend.


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

Re: Landlady sent eviction notice today!

Yes we are closing in a couple of hours. Moving tomorrow in afternoon! Just got back from the final walkthrough and the house looks really good! We are going shopping right after closing. :-)
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

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