Need Guidance

Ok, here's the situation. When my fiance and I got home from work today we found a note slipped under the door from my fiance's landlady. She said that she wanted us out as of November 30th....she gave no reason for the eviction( we have no set lease and pay month to month). However, my fiance had called the Housing Authority on her because of the disrepair of the apartment. This happened about a month ago....she was notified and has done no work. My fiance contacted them again yesterday and had an appointment set up for next Thursday to view the apartment again. Apparently the landlady was contacted yesterday as well and she wasn't very nice to the Housing Authority. Now, we get this "eviction" notice. Doesn't an eviction proceeding have to take place in court? Also, we are set to move on December 1st. How does rent work in terms of what you are paid up to? IF you pay on the first doesn't that cover until the 1st if you are moving out? Please advise.....I am extremely interested in all responses. Thanks!!!

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ChynnaDoil:
Ok, here's the situation. When my fiance and I got home from work today we found a note slipped under the door from my fiance's landlady. She said that she wanted us out as of November 30th....she gave no reason for the eviction( we have no set lease and pay month to month). However, my fiance had called the Housing Authority on her because of the disrepair of the apartment. This happened about a month ago....she was notified and has done no work. My fiance contacted them again yesterday and had an appointment set up for next Thursday to view the apartment again. Apparently the landlady was contacted yesterday as well and she wasn't very nice to the Housing Authority. Now, we get this "eviction" notice. Doesn't an eviction proceeding have to take place in court? Also, we are set to move on December 1st. How does rent work in terms of what you are paid up to? IF you pay on the first doesn't that cover until the 1st if you are moving out? Please advise.....I am extremely interested in all responses. Thanks!!!<HR></BLOCKQUOTE>

Witch needs a court order to evict. And her action is considered retaliation against you for reporting her. Eviction based on retaliation is against the law. If you pay rent on the first that is for the entire month.

That's what I thought, but I just wanted some "legal" advise to be sure. Oh and here's a good one that happened afterward....my fiance went to talk to her about the "eviction" notice, she wouldn't answer her door. So my fiance wrote her a note telling her that her eviction is ineffective becuase she needs to go to court. She in return calls the police to get legal advice about the situation (we could hear her on the front porch with the cops talking about the entire thing.....mind you she never told them about the Housing Authority).So after they left my fiance called the police and requested to speak with the officers about the situation to clarify the issue. Police returned and were totally cool about everything. They did agree about the whole court/eviction thing and said to make sure he told the Housing Authority about the eviction first thing tomorrow(today) morning. So........we'll see what happens today. Thanks again for the advice. And the hits just keep on coming........

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ChynnaDoil:
That's what I thought, but I just wanted some "legal" advise to be sure. Oh and here's a good one that happened afterward....my fiance went to talk to her about the "eviction" notice, she wouldn't answer her door. So my fiance wrote her a note telling her that her eviction is ineffective becuase she needs to go to court. She in return calls the police to get legal advice about the situation (we could hear her on the front porch with the cops talking about the entire thing.....mind you she never told them about the Housing Authority).So after they left my fiance called the police and requested to speak with the officers about the situation to clarify the issue. Police returned and were totally cool about everything. They did agree about the whole court/eviction thing and said to make sure he told the Housing Authority about the eviction first thing tomorrow(today) morning. So........we'll see what happens today. Thanks again for the advice. And the hits just keep on coming........<HR></BLOCKQUOTE>

This is to clarify the eviction process as it appears that you may have misunderstood my response. I do not wish for you to get a false sense of security with respect to this issue.
In a very simple explanation, the eviction process is basically completed in 2 steps. L must give proper notice to evict, then the notice is used as evidence in a court complaint. It is the court complaint when approved by the judge, that is used to actually proceed with the eviction action. So in other words, the notice from L may have indeed been legal and effective. The point I was tying to get across is that for you to actually be evicted, L needs the order from the court.

Oh your explaination was exactly the way that I thought it should be. You simply just helped to solidify the proper course of action that needs to take place.

I really hate to have to keep posting to this board but a new deveopment has surfaced. Yesterday when my fiance went to take our dog out for a walk one of our neighbors came out of their house and started harassing him about how he should leave the landlady alone, etc. Mind you this person is merely a neighbor, does not have anything to do with this situation, and is not a tenant. He had no idea what was going on so he asked the neighbor what that was all about. She in turn proceeded to tell him how the landlady called her practically in tears and I guess, told her to speak with him about the present situation. What it all boils down to is that the landlady is pissed becuase he called the Housing Authority on her. However, she is telling the neighbors that basically my fiance is this dangerous person and how she fears for her life....just making up lies and stories about this whole mess( mind you things that she is telling the neighbors I have been a witness to ...whcih I guess in her senility she has forgotten all about). I was wondering, if this continues with neighbors now harassing us, what can we do? Or should we just endure it for the rest of the month till we move? It really is none of the neighbors business what is going on and I don't know why they would want to become involed in something they know nothing about. We've never had problems with these neighbors before and this is all very overwhelming to us. If you have any advice it would be very welcome at this point. Thanks!

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ChynnaDoil:
I really hate to have to keep posting to this board but a new deveopment has surfaced. Yesterday when my fiance went to take our dog out for a walk one of our neighbors came out of their house and started harassing him about how he should leave the landlady alone, etc. Mind you this person is merely a neighbor, does not have anything to do with this situation, and is not a tenant. He had no idea what was going on so he asked the neighbor what that was all about. She in turn proceeded to tell him how the landlady called her practically in tears and I guess, told her to speak with him about the present situation. What it all boils down to is that the landlady is pissed becuase he called the Housing Authority on her. However, she is telling the neighbors that basically my fiance is this dangerous person and how she fears for her life....just making up lies and stories about this whole mess( mind you things that she is telling the neighbors I have been a witness to ...whcih I guess in her senility she has forgotten all about). I was wondering, if this continues with neighbors now harassing us, what can we do? Or should we just endure it for the rest of the month till we move? It really is none of the neighbors business what is going on and I don't know why they would want to become involed in something they know nothing about. We've never had problems with these neighbors before and this is all very overwhelming to us. If you have any advice it would be very welcome at this point. Thanks!<HR></BLOCKQUOTE>

Call the police and file harassment charges against the neighbor.