60 day eviction notice

[jesuss]

My landlord is evicting me with out a notification of rule broken even after I cleared it up with owner of trailer park which Ihave livedin without any problems for 2 years and now they are saying I have numerous rule infractions and they will not with draw the 60 day notice and have advised me thatnow they want me out and are goingto up hold the 60 day notice for me to beout on the 26th of Oct. is this legal and some of the complaints arn't even signed they also gave them to me on the 6th of October not onthe same month and day as the 60 day notice! I don't have a means to move in this short of time and need to know if they can make me leave on the 26th? Can Istay until I make arrangements to move my trailer or will they remove me and be able to take my trailer? I live in California and am disabled and on a very low income!

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by jesuss:
My landlord is evicting me with out a notification of rule broken even after I cleared it up with owner of trailer park which Ihave livedin without any problems for 2 years and now they are saying I have numerous rule infractions and they will not with draw the 60 day notice and have advised me thatnow they want me out and are goingto up hold the 60 day notice for me to beout on the 26th of Oct. is this legal and some of the complaints arn't even signed they also gave them to me on the 6th of October not onthe same month and day as the 60 day notice! I don't have a means to move in this short of time and need to know if they can make me leave on the 26th? Can Istay until I make arrangements to move my trailer or will they remove me and be able to take my trailer? I live in California and am disabled and on a very low income!<HR></BLOCKQUOTE>

If they gave you advance 60 days notice, then that sufficient.

 

[Tracey]

They can't remove you and take your trailer without a court order. However, if you're not out by the 26th, they can start court proceedings against you. You'll end up paying their court costs & attorney fees. On the other hand, you would have a chance to talk to the judge and ask for a stay of eviction as long as you keep paying your rent. Is there a legal aid society in your town that could help you? Depending on the nature of the complaints, you may be able to threaten an ADA suit to make them give you more time.... Talk to an attorney about it.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected] - please include some facts so I know who you are!

 

[jesuss]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Tracey:
They can't remove you and take your trailer without a court order. However, if you're not out by the 26th, they can start court proceedings against you. You'll end up paying their court costs & attorney fees. On the other hand, you would have a chance to talk to the judge and ask for a stay of eviction as long as you keep paying your rent. Is there a legal aid society in your town that could help you? Depending on the nature of the complaints, you may be able to threaten an ADA suit to make them give you more time.... Talk to an attorney about it.

<HR></BLOCKQUOTE>
I had talkedtothe owner of the trailer park and he realized that the 60 day notice at the time was amistake and his manager was just being vendictive then all of a sudden on the 6th of Oct. they gave me bogus writeups that are only from 2 other tenants and the rest of the tenants in the part have no problem with me staying or any complaints aginst me atall. I believe this is harrassment becausethe manager had my husband arrested for trespassing on his own rental property and it was dismissed in court and since then all of this has happened. I am planning on moving but need a little more time than the 26th since Ithought the 60 day notice was stopped! Thank you for any input I plan on fileing a counter claim for harrassment and my husband is also thinking about fileing a claimaginst the managment for having him arrested needlesly. We have been here withno problems for 2 years and now all this because of stupid managment!

 

[Tracey]

Ahhhh, maybe you have a retaliatory eviction claim. You may also be able to argue insuffiient notice, since the owner withdrew the original 60 day notice. Now management has to evict you based on complaints. If you can disprove the complaints, manager loses.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected] - please include some facts so I know who you are!