Landlord ran original guarantor out of home now wants to evict the rest of us

[sausageparty85]

What is the name of your state? Nebraska

Hey guys, my local legal aid assistance line is not open so I am here posting this and would greatly appreciate some help. I apologize ahead of time for how long the post is but I want to provide the most accurate information as possible. I am currently living in a house that my mother rented from a friend of hers (her brother is best friends with my mom's ex boyfriend) the reason I say ex boyfriend is because he physically assaulted my mother. He plead guilty to domestic assault. So him and my mother rented the house for about 15 years. My brother and his girlfriend moved in on October. October rent both my mom and her ex boyfriend split in half. Rent was paid for November but was very late due to the timing of my brother and his girlfriend their moving in, having to pay for utilities up front however the rent for that month was paid and the landlady accepted it. Moving forward - - In the first week of December the rent was late again and everyone here refused to pay anything because the landlady convinced my mom to end her lease and switch to month to month. After my mother agreed to this, a week later the landlord writes a 30 day eviction addressed only to my mother that she has 30 days to leave the property. In the eviction notice she has written that the property is to be rented or sold to the landladys family member(s). Shortly thereafter, my mother panicked and moved out to an apartment within a week or two.

A few days ago, the landlady and her husband came to the house and let themselves into the house. There was no 24-48 hour notification, no emergencies to anyone here including animals, no emergency repairs needed. No written formal notice. Because of this, I felt the need to exercise my rights as a tenant. The landlady stated none of us were tenants now. I believe in this state if you pay utilities in a home or pay for food for others here that person is considered a tenant. However, there is no actual lease with my name or my brother's name or his girlfriends name on it.

The landlady intruded on us and barged in yelling and screaming loudly. I came upstairs and she asked why we were still here. I asked the landlord if she could provide a formal 30 day eviction notice because she wants to take her home back and move in her family, I felt that wasn't really good cause to evict us so I requested a 30 day notice simply because we are month to month and I asked for a notice addressed to myself, my brother, and his girlfriend.

Once I explained that to the landlady she began cursing and she started slamming doors and stomping around the house. She then made verbal threats that she was going to call the police on us for trespassing. Being as it is open property, I warned her that she was currently trespassing and I was going to call the police and have her removed from the premises if she continued to disturb our peace. She then left and slammed the door and returned 20 seconds later holding her phone in landscape mode recording video. I kindly explained that she wasn't allowed to record video in the house. She never asked for permission or even let us know she was recording. After I again told her to please stop recording and that she was breaking landlord laws, her husband agreed with me that there are tenant laws in Nebraska. I think he is more aware of the laws than she is. Anyway, they shortly left afterwards.

In summary, the landlady did not give 24 to 48 hour notice that she would be entering the home. She also is not able to provide a formal return receipt document showing she was going to enter the home nor is there any record of phone contact regarding this. She never called me, my brother, or his girlfriend about coming here and coming inside.

I do feel like the eviction was a retaliatory response because of the domestic assault charge on the landladys brother's best friend (my mom's ex.) there was no reason given why she was forced to month to month but my mom was pressured and scared so she agreed to it without consulting with me or my brother about it. A couple days ago my brother contacted the landlady and said we would leave by the original eviction date which is now a little over a week away. This is the eviction addressed only to our mother whose name was on the lease before it was switched to month to month. The landlady became upset and told my brother we would need to leave by THIS SUNDAY or she would call the cops on us and have us arrested and removed for trespassing. I don't think legally she can do this but I'm not a lawyer so I have no idea. The threats are getting quite old. I've tried to be sympathetic to the landlady and I told her I didn't want legal trouble she agreed she did not want to "get nasty." However, the day she stormed out she yelled that she was going to hire a lawyer.

I'm just trying to exercise my rights as a tenant in this state. Am I wrong for exercising my tenant rights? If she wants us out doesn't she need cause? If not then shouldn't a 30 day notice suffice? If she intrudes again, should I warn her that I will call 911 for trespassing? I feel like giving us such short notice is not adequate time to find a place to live. This landlady gives me the vibe that she is using self help eviction and is trying to make up her own laws.

What can I do here? I will leave accordingly but unless there is a court order pending, I told my brother and his girlfriend that we don't have to rush and scramble and leave. Even if she gave a 3 day notice to quit or pay rent, we don't need to leave right away. I do not think rent is the issue, she used to let my mom's ex boyfriend pay $200 a month for rent. I appreciate any and all feedback.

 

[LdiJ]

What is the name of your state? Nebraska

Hey guys, my local legal aid assistance line is not open so I am here posting this and would greatly appreciate some help. I apologize ahead of time for how long the post is but I want to provide the most accurate information as possible. I am currently living in a house that my mother rented from a friend of hers (her brother is best friends with my mom's ex boyfriend) the reason I say ex boyfriend is because he physically assaulted my mother. He plead guilty to domestic assault. So him and my mother rented the house for about 15 years. My brother and his girlfriend moved in on October. October rent both my mom and her ex boyfriend split in half. Rent was paid for November but was very late due to the timing of my brother and his girlfriend their moving in, having to pay for utilities up front however the rent for that month was paid and the landlady accepted it. Moving forward - - In the first week of December the rent was late again and everyone here refused to pay anything because the landlady convinced my mom to end her lease and switch to month to month. After my mother agreed to this, a week later the landlord writes a 30 day eviction addressed only to my mother that she has 30 days to leave the property. In the eviction notice she has written that the property is to be rented or sold to the landladys family member(s). Shortly thereafter, my mother panicked and moved out to an apartment within a week or two.

A few days ago, the landlady and her husband came to the house and let themselves into the house. There was no 24-48 hour notification, no emergencies to anyone here including animals, no emergency repairs needed. No written formal notice. Because of this, I felt the need to exercise my rights as a tenant. The landlady stated none of us were tenants now. I believe in this state if you pay utilities in a home or pay for food for others here that person is considered a tenant. However, there is no actual lease with my name or my brother's name or his girlfriends name on it.

The landlady intruded on us and barged in yelling and screaming loudly. I came upstairs and she asked why we were still here. I asked the landlord if she could provide a formal 30 day eviction notice because she wants to take her home back and move in her family, I felt that wasn't really good cause to evict us so I requested a 30 day notice simply because we are month to month and I asked for a notice addressed to myself, my brother, and his girlfriend.

Once I explained that to the landlady she began cursing and she started slamming doors and stomping around the house. She then made verbal threats that she was going to call the police on us for trespassing. Being as it is open property, I warned her that she was currently trespassing and I was going to call the police and have her removed from the premises if she continued to disturb our peace. She then left and slammed the door and returned 20 seconds later holding her phone in landscape mode recording video. I kindly explained that she wasn't allowed to record video in the house. She never asked for permission or even let us know she was recording. After I again told her to please stop recording and that she was breaking landlord laws, her husband agreed with me that there are tenant laws in Nebraska. I think he is more aware of the laws than she is. Anyway, they shortly left afterwards.

In summary, the landlady did not give 24 to 48 hour notice that she would be entering the home. She also is not able to provide a formal return receipt document showing she was going to enter the home nor is there any record of phone contact regarding this. She never called me, my brother, or his girlfriend about coming here and coming inside.

I do feel like the eviction was a retaliatory response because of the domestic assault charge on the landladys brother's best friend (my mom's ex.) there was no reason given why she was forced to month to month but my mom was pressured and scared so she agreed to it without consulting with me or my brother about it. A couple days ago my brother contacted the landlady and said we would leave by the original eviction date which is now a little over a week away. This is the eviction addressed only to our mother whose name was on the lease before it was switched to month to month. The landlady became upset and told my brother we would need to leave by THIS SUNDAY or she would call the cops on us and have us arrested and removed for trespassing. I don't think legally she can do this but I'm not a lawyer so I have no idea. The threats are getting quite old. I've tried to be sympathetic to the landlady and I told her I didn't want legal trouble she agreed she did not want to "get nasty." However, the day she stormed out she yelled that she was going to hire a lawyer.

I'm just trying to exercise my rights as a tenant in this state. Am I wrong for exercising my tenant rights? If she wants us out doesn't she need cause? If not then shouldn't a 30 day notice suffice? If she intrudes again, should I warn her that I will call 911 for trespassing? I feel like giving us such short notice is not adequate time to find a place to live. This landlady gives me the vibe that she is using self help eviction and is trying to make up her own laws.

What can I do here? I will leave accordingly but unless there is a court order pending, I told my brother and his girlfriend that we don't have to rush and scramble and leave. Even if she gave a 3 day notice to quit or pay rent, we don't need to leave right away. I do not think rent is the issue, she used to let my mom's ex boyfriend pay $200 a month for rent. I appreciate any and all feedback.

She cannot evict you. Only a judge can evict you. She can ask you to move out with 30 days notice (and the 30 days notice she gave your mother probably applies to all of you) and she can file in court for an eviction if you do not move out, but she cannot simply call the police and have them remove you.

 

[HighwayMan]

TL;DR

 

[sausageparty85]

She cannot evict you. Only a judge can evict you. She can ask you to move out with 30 days notice (and the 30 days notice she gave your mother probably applies to all of you) and she can file in court for an eviction if you do not move out, but she cannot simply call the police and have them remove you.

In the eviction it is only addressed to my mother and nobody else not other tenants or guests, etc. So this original 30 day notice eviction would still be valid? Thanks for responding.

 

[sausageparty85]

The landlady called my mother today as well and told my mom that she was going to call child protection services on me to have my son taken away because we may be going to a homeless shelter/center. This is really starting to get on my nerves. Is it not borderline landlord harassment at this point? Also, I believe she is coming Sunday to storm in again to make sure we're all gone. I'm going to stay here until there is an actual court order. One more side question, if the original eviction notice is still valid even though it's not addressed to me, how long approximately would I have to leave? Is it 30 days and then 14 says from the end of the eviction notice?

Thank you.

 

[Shadowbunny]

In the eviction it is only addressed to my mother and nobody else not other tenants or guests, etc. So this original 30 day notice eviction would still be valid? Thanks for responding.

Yes, this applies to everyone who was living in the house. You yourself say you weren't on the lease -- and it's likely that the lease your Mom has states that she is supposed to list everyone who is going to live there. There may even be a provision in the lease that states how long "guests" can stay.

The landlady called my mother today as well and told my mom that she was going to call child protection services on me to have my son taken away because we may be going to a homeless shelter/center. This is really starting to get on my nerves. Is it not borderline landlord harassment at this point? Also, I believe she is coming Sunday to storm in again to make sure we're all gone. I'm going to stay here until there is an actual court order. One more side question, if the original eviction notice is still valid even though it's not addressed to me, how long approximately would I have to leave? Is it 30 days and then 14 says from the end of the eviction notice?

Thank you.

And, no, one phone call is not harassment. The original notice the landlord gave your mother applies to you and all other "guests." Once the court rules to evict, the sheriff will come out to forcibly remove you within 10 days.

https://www.legalaidofnebraska.org/wp-content/uploads/2017/01/Landlord-and-Tenant-handbook-2017.pdf

 

[reenzz]

The landlady called my mother today as well and told my mom that she was going to call child protection services on me to have my son taken away because we may be going to a homeless shelter/center. This is really starting to get on my nerves. Is it not borderline landlord harassment at this point? Also, I believe she is coming Sunday to storm in again to make sure we're all gone. I'm going to stay here until there is an actual court order. One more side question, if the original eviction notice is still valid even though it's not addressed to me, how long approximately would I have to leave? Is it 30 days and then 14 says from the end of the eviction notice?

Thank you.

Careful....once an eviction lawsuit is filed, it remains in the public records regardless of the outcome of the case. With this on your public record, you will find it very difficult to rent in the future.

 

[adjusterjack]

The landlady called my mother today as well and told my mom that she was going to call child protection services on me to have my son taken away because we may be going to a homeless shelter/center. This is really starting to get on my nerves. Is it not borderline landlord harassment at this point?

No, it's not harassment. If I have read your original post correctly you and the other occupants have defaulted on the rent. Nothing else matters and that subjects you to a court ordered eviction which, by the way, doesn't require much by way of delay.

With all that drama, I suggest you just pack up and get out as quickly as possible.

I'm going to stay here until there is an actual court order.

That's like cutting off your nose to spite your face. A court ordered eviction becomes public record and will make it difficult for you to get housing much beyond slum rentals. If you're OK with that, then wait for the court order.

One more side question, if the original eviction notice is still valid even though it's not addressed to me, how long approximately would I have to leave? Is it 30 days and then 14 says from the end of the eviction notice?

The eviction summons and complaint can be filed and served the day after the 30 days is up. Naturally, by the time the hearing is scheduled and the sheriff is ordered to put you out on the street, you might have a week or two breathing space. The hearing must be scheduled between 10 and 14 days after the service of the summons. At the hearing you may raise any defenses that you might have. If your defenses are not successful the court will order the sheriff to put you out within 3 to 10 days.

Read the following eviction time line:

https://www.landlordguidance.com/eviction-notice-forms/nebraska-eviction/

I'm surprised the LL hasn't done a 3 day non-pay notice. She'd get you out a lot faster.

 

[sausageparty85]

I understand eviction lawsuit being on public record. I qualify for housing assistance such as deposit and rent for 90 days I just am not having luck finding a temporary job. I really want to work it out with the landlady but it seems like she might not be willing. Anyway the original eviction notice was written Dec 13th to January 13th. So I guess my next question is, I have until January 13th before she can legally evict me i.e. Go through court.

Thanks for clearing things up guys. I too am surprised she hasn't served a 3 day notice to quit or pay. I guess we are considered guests not tenants for living here, paying rent, utilities, etc. I do not know what my mother's original lease said however the landlord knew we all lived here and never once complained about it.

 

[reenzz]

I understand eviction lawsuit being on public record. I qualify for housing assistance such as deposit and rent for 90 days I just am not having luck finding a temporary job. I really want to work it out with the landlady but it seems like she might not be willing. Anyway the original eviction notice was written Dec 13th to January 13th. So I guess my next question is, I have until January 13th before she can legally evict me i.e. Go through court.

Thanks for clearing things up guys. I too am surprised she hasn't served a 3 day notice to quit or pay. I guess we are considered guests not tenants for living here, paying rent, utilities, etc. I do not know what my mother's original lease said however the landlord knew we all lived here and never once complained about it.

You will likely no longer qualify for assistance with an eviction on your record.

 

[sausageparty85]

You will likely no longer qualify for assistance with an eviction on your record.

Well, so legally I have until the 13th to go right? She has told my mother she is going to call the police to arrest me for trespassing. How can that happen if the notice is still until the 13th? I understand only a judge can evict someone so do I have anything to worry about here? My plan is to contact the LL and tell them I will be out before the 13th. She has called up my family members yelling and screaming profanities at them. She's telling everybody she wants CPS to take my son away. Not sure they can do that if we're in a homeless shelter only if we're on the streets or in my car which is not what I'm going to do.

I guess I just want some reassurance that I can exercise my rights here and if I can stick to the 13th of January like the notice says. If the LL calls police, what will they do? Also if LL comes in the house without a formal notification through certified mail and just storms her way in here, isn't that technically trespassing on her end and she could be arrested? Like I said she hasn't had any reason to come in here ever until now just to barge in and yell obscenities and make verbal threats.

I know everyone will say best get out whole you can, I understand totally, I'm kind of stuck because I've got no family to help me and I am still recovering from a leg injury and in a brace. My plan is to ultimately pack up everything and be gone on the 12th. I've got so much personal medical stuff going on I'm terrified once I leave the LL will lock us out. She seems to be that type. Idk what to do if she does that.

 

[FarmerJ]

SO what you might want to learn is if your states laws allow one notice to be given by a landlord , reason being . If you were not specifically listed in the written notice then you may be entitled to proper notice as well. see where I live if tenants who are not listed on notice to vacate are taken to court by a landlord who didn't send to them proper notice even if it is a Jane or John Doe notice the LL will not win in court. So I suggest to you that you use the links above to consult with a Attorney who can look at your states laws and offer advice based on your states laws for notice requirements to tenants who are at best month to month with out a written lease. if you cannot wait to speak to a legal aid clinic. AS to the LL and LLs threats to call child services , If the LL does this you certainly can tell them that the LL has not given you a proper notice to vacate. If the LL calls the police tell the officers that the LL has not given you a proper notice to vacate ( even month to month tenants who are with out a written lease in your state are entitled to proper notice )

 

[Shadowbunny]

Why don't you go stay with your mom?

 

[LdiJ]

Well, so legally I have until the 13th to go right? She has told my mother she is going to call the police to arrest me for trespassing. How can that happen if the notice is still until the 13th? I understand only a judge can evict someone so do I have anything to worry about here? My plan is to contact the LL and tell them I will be out before the 13th. She has called up my family members yelling and screaming profanities at them. She's telling everybody she wants CPS to take my son away. Not sure they can do that if we're in a homeless shelter only if we're on the streets or in my car which is not what I'm going to do.

CPS is not going to take your son away over a dispute with a landlord, no matter what the landlord alleges.

I guess I just want some reassurance that I can exercise my rights here and if I can stick to the 13th of January like the notice says. If the LL calls police, what will they do? Also if LL comes in the house without a formal notification through certified mail and just storms her way in here, isn't that technically trespassing on her end and she could be arrested? Like I said she hasn't had any reason to come in here ever until now just to barge in and yell obscenities and make verbal threats.

You should call the police if she barges in yelling obscenities and making threats.

I know everyone will say best get out whole you can, I understand totally, I'm kind of stuck because I've got no family to help me and I am still recovering from a leg injury and in a brace. My plan is to ultimately pack up everything and be gone on the 12th. I've got so much personal medical stuff going on I'm terrified once I leave the LL will lock us out. She seems to be that type. Idk what to do if she does that.

You really do need to get out as soon as possible, if for no other reason than your peace of mind.

 

[reenzz]

So..you haven’t paid 2 months of rent and your questioning why the landlord is so upset? To top it off..your worrying about your rights as a non-paying occupant?