Can my landlord do this?

by **culley96** » Tue Apr 10, 2012 9:02 pm

Well here is the short version, I have cancer our bills got out of control. We where unable to pay our rent. Our landlord gave us a 7 day notice of eviction , ( not from the court) we tried to make arrangements ith him but instead of talking like a reasonable human he waited until I came home from chemo and just started yelling and screaming like an idiot. I told him since he acted this way and attacked me while I was so sick that I would not be paying the rent to him but instead would be moving . Since then he keeps sending people to the property I can only assume to see if I have moved even though he can see the vehicles from the road they drive about 40mph through the property. This has become daily . He has the right to evict but has not gone to the court . Does he have the right to keep sending people here which I would see as trespassing since it is posted and harassment. I will be out in another week but feel he should not be coming here or sending others. Can he do this or should it be noted in my answer to the court should he actually file for legal eviction.

I don't need wise acre answers please. The fact is we would have paid him and only asked for a few extra days for me to get right after my chemo treatment to get back to work . I was not in anyway planning on not paying until he acted in the way he did. We have endured 2 years of him acting this way and making threats when we would ask him to fix the heat which never did get done or asked him to fix the roof leaks which never got done either. The fact is we really didn't have the resources to move with me being sick and he would threaten to kick us out everytime we asked for a repair.

By te way I live in Alabama I don't know if the laws here are different

by **urian27** » Tue Apr 10, 2012 9:05 pm

If you're moving out in a week after 24 months of harassment then it's a little too late now, but check http://portal.hud.gov/hudportal/HUD?src=/states/alabama/renting/tenantrights to read about your rights as a tenant

by **oakley** » Tue Apr 10, 2012 9:11 pm

Since you have NOT paid rent the landlord is legally permitted to show the property to prospective tenants. Your problems are not the landlord's concern.

by **crosbey** » Tue Apr 10, 2012 9:14 pm

Im not sure cause in portland is different in every state

by **melville** » Tue Apr 10, 2012 9:26 pm

I don't really think he's doing anything so wrong (sounds like these people are coming around to see if they will rent it after you're gone), but its hard for me to judge just how harrassing this has become.

You could try telling him that if he harrasses you any further you won't move out at all and he can just evict you. That will take him another month or more (possibly alot more - not sure about the laws where you are), so if he has half a brain (though he may not) he'll cut it out.

Sorry about the cancer, I really hope you beat it.

by **caomh** » Tue Apr 10, 2012 9:35 pm

he should not be forced to go to the court for eviction.lack of payment is a failure to meet the rules of the rental agreement.the court should only be involved if the tenant refuses to obey the contract that they agreed to.court is the extreme,and not the norm.i am very sorry for your illness,and am answering from a point of legality,and not from a point of compassion which i feel for you.your illness does not change his legal rights.it is a hardship on you,but a business for him,and you were in violation of the rental agreement.put the shoe on the other foot and say you owned this property,and you need this money for serious issues,does that money not hold the same importance?he is not a bad guy for wanting people to obey their obligations.if you would have told him that you might not be able to pay on time,he would not of rented to you.you were in violation of the contract,and will not be a good reference.

by **winfrid12** » Tue Apr 10, 2012 9:39 pm

Sorry for your situation, but you need to separate out the emotion--yours and LL's
READ the lease, carefully
The LL's 7 day notice is the first step in eviction and does not come from court. . . .only after 7 days does court get involved
You have a valid and binding lease, requiring full payment on X date
You have not paid on X date. . . .regardless why. . . .it is your problem, not LL's, and LL is entitled to full rent. . . .and whether YOU feel justified NOT paying because he yelled at you is irrelevant. . . .and whether your LL is a drunk or insensitve or insolvent is irrelevant. . . .and whether you are a good guy and LL is a jerk is irrelevant. . . . .
Your LL's past failures during your occupancy are irrelevant and do not excuse your failure to pay
Certainly voting with your feet and getting out of there sounds like a good idea. . . .it's the process here that is the issue. . . .
LL has right to inspect property at reasonable times and cannot generally be limited to looking from road

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