sausageparty85
Member
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.
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.