Eviction notice- is it legal?

[sissyo69]

What is the name of your state?Oklahoma
On April 4th our LL had an unknown 3rd party serve hand written, undated letter that claims to be a 30 day eviction notice that contained several false statements in it. It was given to our babysitter after he gave this person the rent check or April.She called me on the first and left 8 messages in 6 hours stating that she needed her rent because she needed some money to pay her electric.She left a number for me to call her back. ( we have had no number or address for her since we signed our first lease in July 2003.I told her that we were out of town that the check was at my home for her to pick up and that I would be home by the 10th. she said ok cool.
The eviction notice says that because she was unable to collect rent BY the first of the month ( We have a lease until July 2005, That lease states rent is due on the 1st and a $50.00 late fee will be asessed after the 5th if payment has not been made). We have never been late paying rent because she is at our home sometime between the 28th and 2nd of each month to collect.Every check we have written her has cleared my bank by the 5th of the month. She has never complained to us about anything.
We were totally unprepared to see a notice like this.
We have a lease. Payments have never been late. I could not let her know that we would not be home due to not having a phone number or address for her.
What can I do about this? My children have 6 weeks of school it is state testing time and I am bi-polar my husband works 14 hours a day.
I cannot move like this or this fast. Am I going to have to.

 

[JETX]

The Landlord had an unknown 3rd party serve a hand written undated 30 eviction notice that contained several false statements in it to our house sitter while we were out of state ( she knew we were going to be gone till 10th) after picking up the rent check.
Reason for eviction?
This " notice " did not get into our hands until today when we got home.
I was not home on the 1st day of month to hand over check. But left check with the house and childsitter who was there while we were gone.

We have had a verbal agreement since lease was due in July 2004 that the lease would be in effect for another year ( till 7/25 ) after making same agreement with husband earlier in year ( may 2004 ) AND then they got divorce and she claims his doesnt count even though they both signed origional. Now claiming we dont have current lease but been accepting payments since verbal agreement.

HUH??? Your post is rambling and damn near illegible!!
In any case, you have received the notice.... so it is legal. And since it was a 30 day notice, it wasn't an eviction but was probably a 'notice to terminate' your at will, month-to-month lease.

 

[ENASNI]

what he said.. repost and just the facts please... we can help... if we can fathom the problem...

 

[sissyo69]

just the facts u ask for

I have a lease dated July 2004 to July 2005.
The lease states rent is due on the first of the month if not paid by the 5th a $ 50.00 late fee will be acessed.

1.I have never had an address for my landlord.
2.There has never been any number to reach her, just a message phone.
3.I had to make a business trip to Oregon from March 28th till April 8th.
4.I had no way of notifing LL that I would not be home on the 1st.
5.I had left a rent check with the person who was staying at my house to take care of my children.
6. The LL called my cell phone 8 times on the 1st of month demanding rent becuase she had to pay her electric.( I had no service on this phone while gone, but periodically checked messages)
7. She left a number where I could reach her saying she would be there to talk to me on the 2nd and for me to call her.
8. I called the morning of the 2nd and told her the rent check was at my house and she could go and pick it up, someone was expecting her. She told me that she was not happy that she could not get rent on 1st and that because I was not home to give her the rent check she got her home electric service disconnected because she expected to pay it with my check.
9. She sent someone to my house to pick the check up and they left a letter from her.
10. The letter says " I am giving you a 30 days notice to move ", followed by "There was a problem getting your rent paid by the 1st" ( which rent not due by first, see above). she went on to say " I called and called you and you never returned my calls the day you were required to and I am expecting you to pack and move." This notice was not dated and I have called and left messages with the message numbers that I have and she will not return my calls.
Can she do that? Rent wasnt late per the lease agreement.It could have been mailed to her had I ever recieved an address. I could have called her had I had a number where she could be reached.
11. We have never been late paying her rent. Rent gets paid when she knocks on my door requesting it.
12. She or someone else ( daughter, boyfriend) are at my home sometime between the 28th and 2nd of each month to get a check.
I do not want to move yet, my children have 6 more weeks of the school year and there is no way I could finacially afford a move on that kind of notice.
What can I do to prevent this from happening? Do I have to move?

I hope that this is written better, I apologize for rambling and not makinng sense I am just angry. I have Bi-polar disorder and sometimes I cannot control freaking out about things.
Thank you for taking the time to try and read my rambling and attempting to help me, it is greatly appreciated.

 

[JETX]

10. The letter says " I am giving you a 30 days notice to move "

And based on your post, that 'notice' is pretty much worthless, some reasons:
1) You have a written term lease, therefore, the 30 day notice is NOT applicable (it only applies to month-to-month leases).
2) The proper notice would be a demand to 'pay or quit'. You paid.

followed by "There was a problem getting your rent paid by the 1st" ( which rent not due by first, see above).

Yours is a very common mistake. The rent is DUE on or before the 1st. After that date, the rent payment is LATE.... with a grace period allowed before penalty. That does NOT mean the rent is due on the 5th!!

Can she do that?

See above.

Rent wasnt late per the lease agreement.

Yes it was. See above.

What can I do to prevent this from happening? Do I have to move?

Based on your post, only if you want to. I doubt that a court would support her eviction.... if she were to even file one.

 

[sissyo69]

sorry for bein a nucience

If she comes to my house every month to collect rent, and I have no address or phone number to reach her then how is rent considered late? When she comes she gets it. I dont chose the days she gets to come. Aside from this last incident I am always home. I have a disorder that leaves me with being at home and not able to work. After giving her rent from July2003 to present, I know not to go anywhere between the 28th and 2nd of every month because at some point she will come by.
Now I am worried that this will only escalate because she is not going to be happy when she finds out I am not planning to jump and run ( I couldnt medically anyway).
Should I be worried about what a reference from her will be?
What do I do now? Just set and wait to see if she files eviction next month when I have not moved?
Should I look for another place? Am I freaking out for no reason? I know that it sounds insane to be this worried but unfortuatly that is part of the mental disease that I have and I worry about what is going to happen to me and my 3 children.
Thank you for taking the time to read these posts from me. I am sure that it is diffucult to help when I cannot get all the facts out there at once and have to keep asking.
Your help will not be forgotton, It means alot that I can at least talk to someone.

 

[HomeGuru]

If she comes to my house every month to collect rent, and I have no address or phone number to reach her then how is rent considered late? When she comes she gets it. I dont chose the days she gets to come. Aside from this last incident I am always home. I have a disorder that leaves me with being at home and not able to work. After giving her rent from July2003 to present, I know not to go anywhere between the 28th and 2nd of every month because at some point she will come by.
Now I am worried that this will only escalate because she is not going to be happy when she finds out I am not planning to jump and run ( I couldnt medically anyway).
Should I be worried about what a reference from her will be?
What do I do now? Just set and wait to see if she files eviction next month when I have not moved?
Should I look for another place? Am I freaking out for no reason? I know that it sounds insane to be this worried but unfortuatly that is part of the mental disease that I have and I worry about what is going to happen to me and my 3 children.
Thank you for taking the time to read these posts from me. I am sure that it is diffucult to help when I cannot get all the facts out there at once and have to keep asking.
Your help will not be forgotton, It means alot that I can at least talk to someone.

**A: please read the OK L/T law.

 

[JETX]

If she comes to my house every month to collect rent, and I have no address or phone number to reach her then how is rent considered late?

Because your own statement ("The lease states rent is due on the first of the month") says so!!
And your excuse of not having anyway to contact her is ridiculous. Haven't you ever heard of looking at the tax or property records to get the name and address of the owner??

Should I be worried about what a reference from her will be?

Nope. Nothing you can do about it at this time.

What do I do now?

You start looking for another place to live when your current lease expires, as I doubt the landlord is going to allow/want you to stay.

Just set and wait to see if she files eviction next month when I have not moved?

Yep, see above.

Should I look for another place?

Yep, see above.

Am I freaking out for no reason?

Yep.