Can a apartment manager lawfully evict a family from a tenant within 8 hours of eviction notice?

[iden]

Today my friend's family got evicted from his apartment tenant at manor sweets apartments. the reason was for skateboarding. from what i know my friends little brother got cought skateboarding 5 days ago and then he got cought today to and the manager went to his house and just told tyler's parents about the incedent today and gave them 8 hours to move out or she would call the police. aslo tylers mom tried paying rent but the manager would not acept the rent. i think she did this unlawfully. i lookd up some stuff and this is some stuff i found

The Eviction Process starts for nine reasons specified by law:

1. Nonpayment of rent;
2. Extensive and continuing physical injury to property;
3. Serious and continuing health hazard;
4. Illegal drug activity and formal police report filed (lease provision must allow for termination);
5. Violation of the lease provision and the lease allows for termination;
6. Forceful entry OR peaceful entry, but forceful stay OR trespass;
7. Holding over after natural expiration of lease term;
8. "Just cause" for terminating tenant of mobile home park;
9. "Just cause" for terminating tenant of government-subsidized housing;

The Eviction Process starts with a proper Notice of Eviction and may involve court appearances and a trial. An Order of Eviction may be issued and a court officer or someone from the sheriff's office may remove the tenant and tenant's personal items from the rental property.

However, there are many steps in the eviction process before the tenant is physically removed.

Most managers and tenants reach a settlement or agreement long before the matter moves that far.

Each reason for eviction has a specific amount of time that MUST pass before the landlord may commence a lawsuit - either 24 hours or 7 days or 30 days. For details follow the link above.

Once the proper notice is prepared it must be delivered to the tenant:

* In person to the tenant, OR
* By first-class Mail, addressed to the tenant and all occupants.

The tenant is not required to move out when the eviction notice expires - he/she may have a valid defense to the landlord's reason for eviction. Expiration of 24 hours or 7 days or 30 days time period only enables the landlord/ manager to file a lawsuit.

VIOLATING AN IMPORTANT PART OF THE LEASE OR LANDLORD-TENANT CODE

Most leases include rules and promises by the tenant. Some examples are: a promise to not make noise that disturbs the neighbors, or a promise not to run a business out of the house without the landlord's permission. The Landlord-Tenant Code also includes rules that are made a part of all leases automatically, even if the lease is not written down. Some of these are: a promise to keep the property clean and safe, and a promise not to damage or destroy any part of the property.

If you break one of these rules or promises, the landlord can go to court to have you evicted. To do so, the landlord must first give you a letter that does the following:

1.

explain what rule you have broken and what you are doing wrong,
2.

give you at least 7 days to correct the problem (not 5 days as when rent is late),
3.

tell you that if the problem is not corrected by the deadline, the landlord may terminate the lease and go to court to have you evicted,
4.

warn you that if the same rule is broken again within 1 year, the landlord can go directly to court without giving a new notice.

If you do not fix the problem, or if you fix it and break the same rule again within 1 year, your landlord can take you to court to have you evicted.

* Pay Rent or Quit Notices are typically used when the tenant has not paid the rent. They give the tenant a few days (three to five in most states) to pay the rent or move out ("quit").
* Cure or Quit Notices are typically given after a tenant violates a term or condition of the lease or rental agreement, such as a no-pets clause or the requirement to refrain from making excessive noise. Usually, the tenant has a set amount of time in which to correct, or "cure," the violation. A tenant who fails to do so must move or face the possibility of an eviction lawsuit.
* Unconditional Quit Notices are the harshest of all. They order the tenant to vacate the premises with no chance to pay the rent or correct a lease or rental agreement violation. In most states, unconditional quit notices are allowed only when the tenant has:
o repeatedly violated a significant lease or rental agreement clause
o been late with the rent on more than one occasion
o seriously damaged the premises, or
o engaged in serious illegal activity, such as drug dealing on the premises.



witch she did a unconditional quit notices witch she shouldent of done cause they did not break any of those rules

i just want to know can my friend sue them for what the manager did

[golding]

No, you need a court order to evict a person. This is something which take about 30-90 days and has to be with reason, granted by the court.

There is np way this is done in 8 hours.

Let the landlord call the cops.

As for whether or not to sue, a quit notice is warning of court action. Unless, right now there are no damages. In order to sue you have the suffer justifiably damages. You can sue for anything, whether or not you can winn or what you will win is at issue.

[akule76]

You say the kid was caught skateboarding five days ago. Did the landlord warn the tenant at that time?

[wakeley58]

Must give at least 30 days notice

[gideon]

They did break ONE of those rules. But it might be tough to prove without Evidence. Destruction of property. Could be just running the skateboard over the lawn.

But MOST states require 30 days. And they would have to go to court.

And a 5 year old? Being thrown out for this? There must be other reasons other than this one. This might have been the straw that broke the camels back.

[roche]

Theres more going on then you know of, but this is the straw that broke the camels back. There is indeed a legal way to evict, and there are rules broken, and yes a landlord can use the silliest rule to evict a tennat. It has to be done legally, there is no 8 hour eviction, that wont happen, but this family will have an eviction on thier credit and that is really super bad to have, super bad, when trying to rerent. If they try to move out now, in the next 30 days, it wont be on thier credit yet and will not hurt them, after a few monts, or the next time they move it will be on their credit. Kids wonder why they should listen to their parents, well this is one of the big reasons, kids dont know everything yet as they think they do!
Im guessing, that maybe the landlord would not start paperwork in an eviction if they packed, cleaned and moved with that notice, which was silly of her to post but she will do a real eviction, and if the court awards it, which they definatly will, the 3 day notice or whatever the state allows if they are not gone, the sheriffs will lock them out, and they will lose everything if they then dont pay whatever the terms of the settlement is. Former evictoion office employee. Dif states dif laws.

[collyer]

No one is actually evicted until the judge says so. Usually an intent to evict is called a 3 day. In that time frame your friend has 3 days to leave the property or the management must file a court date. I would look into Fair Housing Laws that protect children. I highly doubt a judge will evict for something like that.