Illegal Eviction Coming?

[reuben29]

To make a long story short, when I moved into my place two years ago, I paid first months, last and a security deposit. I was never late on rent or behind until this month (some stuff happened). I kept my landlord aware of the situation and everything seemed okay. But, some money that I was waiting on didn't come through and now I'm in a serious bind. I get paid in the middle of each month and my landlord knows this and has accepted this for two years. Now, he sent me an email saying my balane due *(200 is due, 400 was paid)* is due immediately or I need to start looking for a place to live and move out in the next week or so.

He said I should move out soon to avoid legal fees related to an eviction and said he's going to contact his council to start the eviction process.

Can he threaten me with eviction when I'm only behind 200? Again, I paid last month's rent when I moved in, so he can't just throw me out on the street can he? I've never been late before and I'm stunned this is going down like this! What can I do?

[modraed]

To make a long story short, when I moved into my place two years ago, I paid first months, last and a security deposit. I was never late on rent or behind until this month (some stuff happened). I kept my landlord aware of the situation and everything seemed okay. But, some money that I was waiting on didn't come through and now I'm in a serious bind. I get paid in the middle of each month and my landlord knows this and has accepted this for two years. Now, he sent me an email saying my balane due *(200 is due, 400 was paid)* is due immediately or I need to start looking for a place to live and move out in the next week or so.

He said I should move out soon to avoid legal fees related to an eviction and said he's going to contact his council to start the eviction process.

Can he threaten me with eviction when I'm only behind 200? Again, I paid last month's rent when I moved in, so he can't just throw me out on the street can he? I've never been late before and I'm stunned this is going down like this! What can I do?

If you're late he can have you evicted. Past history is not relevant from a legal standpoint. Your last month's rent is there to protect him from you leaving without giving notice.

[adamka]

If your behind he can start eviction, but telling you to move out in the next week or so, doesn't cut it. He has to give you a 30 day notice. It doesn't matter that you have always paid on time in the past, if he won't work with you now there is nothing you can do.

[patwin87]

Your landlord has not done anything illegal yet. Your landlord can commence formal eviction proceedings the day after the rent is due if it's not paid in full.

His e-mail notice is meaningless. All notices must be in writing. If you don't sort this out soon, you will be receiving a Notice to Pay or Quit. Laws vary on the length of time but 3 or 5 days are the most common intervals. Once that expires, if the rent isn't paid in full, he can file an unlawful detainer suit in the courts and force you out if the suit is successful.

He cannot force you out until the courts say so. That said, if you can't resolve this before the expiration of any formal Notice to Pay or Quit, you should move out as quickly as possible. Once the notice expires, the landlord is not obligated to accept any payment from you at all and may proceed with the eviction suit.

You want to avoid an eviction AT ALL COSTS! An eviction on your credit record within the past 3 to 5 years poisons you with decent landlords. That will leave you to deal with the bottom-feeder slum-lords for several years.

From the time that he issues the formal notice to pay or quit until you are escorted out by the sheriff typically runs between 30 and 60 days if the reason for the eviction is unpaid rent. That gives you a little time to plan your next step but you absolutely want to be out before the gavel falls in the courtroom.

Note: The notice to quit is not 30 days if rent is unpaid. It's as little as THREE days in most states. CA and a few other states set it at FIVE days, but no state will let you slide with rent unpaid for 30 days before allowing your landlord to commence formal eviction proceedings through the courts.

"Section 8" is a rental assistance program for low income people. It's got nothing to do with evictions.

[wardell]

You owe rent, which means you can be evicted, no matter of you are behind $1000 or $1. Last month's rent would be for the month when you declare you are leaving. It does NOT mean you can just not pay one month and have that cover it. The last month's rent and deposit will go towards what you owe and legal fees.

You can pay him on time. Period. When you get paid is irrelevant, the fact is, you have nopt learned to budget your money to pay rent on time. I suggest you do so very quickly.

You fail to realize that you constantly paying late means that the first time somethign happens, you fall very far behind. The LL is unwilling to live with this, nor should he be willing to. This is no different than if your boss decided to pay you late every time your check was due.

[luther]

He could evict you if you were behind $1. Rent is due in full, and your landlord does not have to accept a partial payment. He needs to put into writing a pay or quit notice, then he can file for eviction with the court if you are not paid up in full or out of the property. Your best option is to either find a way to scrounge up the $200 you are behind and pay him immediately, or get yourself moved out. If you can't come up with the money, this is going to cost you. I don't know how much time is left on your lease, but if you get evicted you will probably get sued (and lose) and will owe potentially the entire remainder of your lease rent, plus fees and court costs. And then you have an eviction on your record.

[dennie18]

He can evict you no matter how much you owe. But, he does have to follow legal procedures which means serving the proper notices on you at the time they need to be served.

He can't just email you telling you have a week to get out. You need to find a way to get caught up on the rent, and then start paying it on the 1st, when it's actually due.

He tolerated your late payments and he's not willing to continue doing that. He has all the power. Sell some stuff to get the money now.

[charlot22]

He first has to serve you with something called a Section 8, which basically tells you that if you don't move out by a certain date he will file for court eviction. Once you get your section 8, it will show you the date that he wants you to move out. If you refuse to move out then he has to go to court to try and recover the amount. But before he goes to court, he has to try and set up a payment plan with you to recover the money. They cannot take it to court without trying to work it out with you first. The amount you owe is not the problem, it's how long you have taken to pay it back. Basically your landlord is abusing and harassing you. You need to look at tenants rights and harassing landlords. We are in a recession and many people are having financial difficulties, but it does not give him the right to threaten you. All he is supposed to do is come with a section 8 notice which is your warning. Don't move out, stay there until you have somewhere to go. He cannot illegally evict you, he needs a court document to do that. And please not a section 8 is not a court document, it's just a warning from landlord. DO NOT MOVE unless the eviction is from the court. The reason why your landlord is being a ***** is because he knows it will take him a long time to get that court order. Secondly, you need to read about what to do when landlord is harassing you, it will tell you to put in writing and ask him to stop, and if he persists there are many organisations you can report him to, including the police, 999 sweety.
Right, the next thing you should do is read up on a DEbt relief order. Trust me read up on it. You may not need to ever pay him a cent. A debt relief order covers you for hard financial times. Please read up on it. DEBT RELIEF ORDER.
Next thing is do not panic and worry yourself, there are many people in the same situation as you.
The reason I know so much about what is happening to you, is because I went through the same thing. And the minute I wrote that letter to ask them to stop harassing me else I will call the PoLice, they left me alone.
Have sweet dreams and put your landlord in his place. If you had the money you would give it to him. He is being a *****. Tell him to stick his dick into the ground next time...lol.
But on a real, don't stress, there's always a way out.