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

[sausageparty85]

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?

No the rent was paid in November and December in full. We're in January now. So as of me writing this rent would've been due here on the 1st. The eviction the LL wrote was dated for December and addressed to my mother. So if anything yeah idk why she wouldn't give a 3 day notice to quit or pay. I know she would refuse rent payment anyway because she has told family members of mine over and over that she was going to kick everyone out so she could rent the house to her family and potentially sell the house to them. Kinda rent to own which is exactly what she tried to do with my mother and her then ex boyfriend who is now out of the picture.

In short like someone posted earlier, I'm surprised I haven't received a 3 day notice to quit or pay I'm sure if they lawyered up they will by Monday then they may do that 3 day notice because on Sunday they're going to come here and try to come in unexpectedly. That's what I am concerned about at this point whether she could actually have me removed without a court order and what police would likely do in that situation. In my state I believe if the LL just wants her house back and since we were month to month and now I'm the only one left, then she would have to issue a 30 day eviction notice addressed to me. Because a 3 day notice would mean if I pay, I stay. Well, she wants her family in and so I think but I'm not sure it has to be a 30 day notice the issue is the notice she gave back in December is Not addressed to me or any guests or anyone else but my mother.

The LL says she doesn't want to get nasty, I don't either. If she gives me a 3 day notice to pay or quit, I CAN pay her just this once but like I said before I don't think she will accept that just for the fact that her intention in that eviction notice addressed to our mom specifically states that she is wanting her house back so she can move her own relatives in to rent or possibly sell it to them. Which in my state, I don't believe that is cause for an eviction. Not trying to play lawyer here I just spent the last 2 days researching landlord tenant laws in my state and the legal aid handbooks.

 

[sausageparty85]

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 )

Farmer, when you say links above which ones exactly are you referring to? I apologize. Is consultation free for a lawyer to just look into this for me? Would I need to contact a real estate lawyer? I will again ask the landlord to give me written notice to vacate addressed to me she knowingly stated the old notice was for our mother not for us. It's too bad I could not record audio of that for the record. I will also call the police if she barges in at all yelling and screaming or not. I believe that is trespassing on her end and not my end. And because this would be the 2nd time she storms in here, and believe me I know she is going to, should I simply document again? I think in my state if month to month and no lease, if LL wants tenants out period then it's a no cause eviction and simply a 30 day notice and then 14 days from there would be a court hearing. If I can get 30 day notice and she left me alone, I would be ecstatic and could focus 100% on finding any kind of work so I can get out of here and receive the housing assistance for an apartment near my son's school.

I'm extremely paranoid she will perform a lockout, or come in here without notice. I've read on other websites and other states I'm not sure specifically mine, but there have been cases where LL comes in unannounced and without proper notice and loses in court. The issue is having to prove what kind of damages were caused by the LL if she does in fact lock us out. Look, I don't even have the damn keys to this house! I have to use a garage door opener and leave my garage door and my back door unlocked in case. So when I'm not here, my son and I are vulnerable. So yeah, I want to get out at the same time I need proper notification of an eviction and I believe it does need to have my name in order for me to qualify for housing assistance bc original eviction does not have my name on it.

Everything up to this point in time has been nothing but verbal demands, verbal threats, she scared off my brother, his girlfriend, and their daughter and they moved out today (Friday) so they're gone. The gas heat, water, electric was all in my brother's name. Now he of course is going to have all of that shut off because he doesn't live here. So I may be without electric and heat. I know, I can get utilities in my name I just feel like this LL bossed my brother around and her verbal threats over the phone scared him so much he said F it and they ran off and left.

 

[FarmerJ]

There are click links above where you can arrange for a consultation that you will have to pay for if you cant wait to get help from a legal aid clinic. YOU are free to review your states laws for notice to tenants with out a written lease - month to month your self , I know this LL could have covered her own butt better by issuing to you and any other adult that have been living there a proper written notice to vacate , In my opinion you are entitled to a proper notice from her and if she wasn't sure of all the adults names in many places Jane Doe -John Doe notices are legal as well. SO at this point I suggest you take a lot of pictures of your personal property and the condition of the house , If your family had lived there for 15 years there is likely a lot of so called routine wear and tear you should document with pics as well. You also may want to move your valuable documents out to a safe place or make extra copies of them to store off site. AS far as the LLs bad behaviours if you need to feel free to call the police if it becomes that bad. LL just walking in call the police if she wont leave. If she calls the police stay as calm as you can and tell the officer this is a landlord tenant issue and that this landlord has not given you a proper notice to vacate and you have the rights afforded to you by Nebraska state laws for landlords and tenants and tell the officer how long you have lived there and landlord tenant issues are civil not criminal. This LL did a horse crap job of handling the whole thing and Its likely that she just doesn't give a crap either , there are landlords who have gotten away with bullying tenants for years , If the LL really truly knows a lawyer or has one its darn good odds they have already been told at least once exactly how to do it right, but there are some who really are clueless and just ride by the seat of their pants.

 

[Shadowbunny]

I think you're confusing "eviction notice" with the LL's notice that she's terminating the month-to-month tenancy. And it sounds like notice was properly given to the your mom, the only one who is on the lease. But it applies to ALL of you living in the house. So you need to be out when the 30 days is up. Seriously -- you do NOT want an eviction on your record.

 

[sausageparty85]

I think you're confusing "eviction notice" with the LL's notice that she's terminating the month-to-month tenancy. And it sounds like notice was properly given to the your mom, the only one who is on the lease. But it applies to ALL of you living in the house. So you need to be out when the 30 days is up. Seriously -- you do NOT want an eviction on your record.

The notice she originally wrote she told me in person to my face that that eviction notice was for my mother and not us. The way it is written too doesn't address anybody else. So I'm still confused because there is no lease and my name isn't on a lease, so is it simply a tenant at will situation for me? If so that means month to month, correct? If that's the case wouldn't she need to give me proper notice whether a 3 day notice to quit or pay or 30 day notice? If she gets a lawyer, he or she will most likely have them do the 3 day notice. I really wish I could work it out with the LL if I could get a 30 day notice that is plenty of time for me to find a job and housing for my son and I. I know she wants her house back to either rent or sell to a family member. But if she doesn't want to work it out and it gets ugly I'm just trying to figure out what my options are. A landlord I had in the past gave me a 30 day notice and then proceeded in court and I had an extra 14 days to move out with my stuff, I moved 1 week after the notice. The eviction did not go on my record. I'm wondering is that because this previous LL didn't continue the court process or if they simply dropped it out of kindness.

As far as rent, I may qualify for some rental assistance if I am given a 3 day notice to pay or quit however most agencies here are limited to a maximum of $500. The rent here is $700. I know I do NOT want an eviction on my record I just want to know how much time I realistically and legally have at this point. Do you guys think on Monday a lawyer in my city would provide free consultation as far as what my tenant rights are and what to do? Do I contact the housing authority for the constant entry into the house without notice?

I wish there was a Neb lawyer here who could assist with the states specific law here but the legal aid website had an online form thing where you select what your issue is and then the website provided me with legal responses and what the state law says and one response was if you are a month to month tenant then a 30 day notice is required, the issue with me is the original eviction dated back in September is not even addressed to me and the word guests, other parties, or tenants is not even listed on it. Failure to pay rent and LL can give a 3 day notice to quit or pay. The state statue here about entry says LL must give 24 hour notice before entering and must be during reasonable hours. 24 hour notice is required for maintenance, repairs, showings, etc. notice isn't required for emergencies.

My state bar association website regarding landlord tenant laws states that, "A landlord may not abuse his or her right of access, for example, to harass a tenant." it furthers states I cannot deny entry for LL to enter for legitimate business purposes. Now, as far as harassment. Does coming in without notice, slamming doors stopping around and yelling constitute as harassment? She has already done this in the house, she has already been calling my mother and yelling at her on the phone, and I was told the LL may be coming over Sunday however I don't have any proper notification. So if the LL barges in again, should I simply call the cops for trespassing and landlord harrasment? I know best thing for me is to find a job, move to a new home with a good landlord, I just may have to temporarily stay at a homeless shelter with my son. Thanks everyone for the help, I appreciate it.

 

[FarmerJ]

Out of curiosity how long have you lived at this current address ? In your state a legal aid society or legal aid clinic should be able to at least verify for you the LLs obligation to give proper notice.. As I see it that original lease from 15 yrs ago became pretty pointless once ALL you so called kids became adults especially if you lived there all along or lived there for a very long time. I do believe your landlord is going to look like a giant fool if the LL files with the court to evict you and cannot prove to a court that you were given proper notice to move out AS far as the LL abusing your rights as a tenant , this too is a civil matter . If the LL calls the police I cannot stress this enough , stay calm , be polite but tell the officer this is a landlord tenant civil issue where the LL has not followed your states laws and not a criminal issue.

 

[sausageparty85]

Out of curiosity how long have you lived at this current address ? In your state a legal aid society or legal aid clinic should be able to at least verify for you the LLs obligation to give proper notice.. As I see it that original lease from 15 yrs ago became pretty pointless once ALL you so called kids became adults especially if you lived there all along or lived there for a very long time. I do believe your landlord is going to look like a giant fool if the LL files with the court to evict you and cannot prove to a court that you were given proper notice to move out AS far as the LL abusing your rights as a tenant , this too is a civil matter . If the LL calls the police I cannot stress this enough , stay calm , be polite but tell the officer this is a landlord tenant civil issue where the LL has not followed your states laws and not a criminal issue.[/QUOTE

Hey farmer, I think you have been pretty spot on and we are on the same page. Today LL showed up unannounced for 2nd time now, she laughed when she saw the garage door barricaded by a chair I said because I am terrified right now you're telling my mother you know people you're threatening to call CPS to take my son away with false accusations, the landlord walked into the house I told her you just again broke a landlord tenant law coming in here without proper notice. She storms out cursing in front of my son and slams the screen door almost breaks it she said she was calling 911 to have me arrested for trespassing so I called 911.

Two officers showed up I stayed calm told them everything that happened and immediately they wanted the LL name, address make of car. They told me she could be charged with trespassing and landlord harrasment for coming in a 2nd time. They told me to go to the courthouse Monday and file a protection order against her with affadavits from myself and my 12 year old son who witnessed the entire thing.

The Landlords showed up while the cops were here and the cops told me to remain inside and they went and spoke to the LL and LL told them this was her house her property the officers told her that I am a tenant here she said I wasn't and they explained to her that because she told me today that that original eviction notice isn't even addressed to me she would need to write a new one whether it be a 3 day or 30 day it's up to her. They did say because I am a tenant at will then I am on a month to month lease. They also explained what I said which is that she isn't interested in money and is more interested in moving her family in here which is her right. I understand completely from that perspective. So anyway the police said legally in this state I CAN record incidents if it happens again because it is allowed in this state and I don't have to get her permission. It's too bad I didn't know this prior to the incident.

So guys I think I will go with the protection order simply because LL is harassing family calling them making threats and told my mother she has connections around the house to deal with me whatever that means.

Will a protection order delay an eviction process? I'm exercising my rights as a tenant at will and the police totally agreed with me and Said I was well within my rights. They told me if she comes here again without proper 24 hour notice and only for emergency repairs, inspection, legitimate business purposes, otherwise she cannot enter the home. And I can't withhold entry if it is for those legal reasons for her to enter.

I tried to be cordial and nice I offered to bring help into the house to help clean it up before I leave and the LL didn't want to hear that. All I asked for was a 30 day notice I told her after that I'll be gone and it doesn't mean I'll wait to the last minute I'm making it. My job to find a job next week.

What so you guys think I should do from here on out in a legal standpoint? Thank you all for the help and thank you Farmer you have provided superb accurate advice.

 

[Shadowbunny]

No, a protection order isn't going to delay an eviction. You really, really need to be packing up and preparing to go. Assume she's going to go with a 3-day notice. You aren't going to win this, and it sounds like you're shooting yourself in the foot if you wanted to curry favor with the LL.

 

[FarmerJ]

a restraining order will only give you some peace and quiet now that she has been told by someone other than you what her mistakes were. AS to notices if she issues the correct notice do your self a favor , make sure you file a address forwarding card with the post office and be gone before she can file with the court for a eviction hearing & check with the courts to see if she filed for a eviction hearing anyway at least a couple times after you vacate ( yes there are landlords who have done that , knowing that the tenant would not get notice and fail to show up for court) take exit pictures so you have pictures of the homes final condition for your records.

 

[sausageparty85]

Posting an update. LL did arrive at home on Sunday, January 7th in the afternoon. Made verbal threats. Kinda of shoved me out of the way, entered the home. I kindly explained that I would need 24 hour written notice for you to enter. She began yelling again saying she was going to have me arrested they said they were going to call the police.

I called the police they arrived, gave them the whole story they stated then I'm a tenant at will in Nebraska and should be month to month. They looked at the eviction notice and asked where my name is on it because it's not on there. They stated the notice is clearly addressed to someone else entirely.

The Landlords then showed up about a minute after the police did. The police stopped them and informed them about landlord tenant laws. Of course the officers said I needed to be gone asap. In this case, is the landlord required to file a new notice? I am completely assuming they'll file a 3 day notice to quit or pay.

If that's the case, how much time do I have to grab my belongings and leave without having an eviction on my record? Obviously I can't reason with the lady so my thinking is just packing up and leaving. I've been selling personal items for cash just to have some kind of money. I have an appointment with housing agency this week still and I think I'm going to contact her to come to the house sooner for the appointment.

Thanks for your help guys. Really appreciate it.

 

[FarmerJ]

You asked > In this case, is the landlord required to file a new notice? < there is nothing to file yet , the LL did not give you proper notice and the only thing to FILE would be with the courts to ask for a eviction hearing and in that filing she will have to claim the rent wasn't paid OR prove that she gave you a proper notice to vacate and that you refused to leave. ( either way she will have to prove to the court that she followed your states laws to the court as to the notice given and the best way for her to show it would have been sending you a notice via confirmed mail delivery or certificate of mailing or some means to show the courts notice was sent. SO if she actually gets it right then you should be out by the end of the last day of the notice , IF she chooses to run to the court and file for a eviction hearing with out issuing a notice to you that meets the law then she will have actually made it so you could stay until the day of court which could be anywhere from 8 or more days after filing ( states have set how many days of notice one must get regarding landlord tenant issues like where I live if a landlord is lucky and the court docket has a lot of openings and can get the summons served the same day they filed for the hearing then the tenant can be in court in 8 days (and again that depends on how full the court docket in your county is) At this point I would suggest you have every thing ready to leave , in other words both you and your son live out of boxes so you don't have a lot to actually pack. DO take pictures of all your personal property so you have a record of it

 

[sausageparty85]

You asked > In this case, is the landlord required to file a new notice? < there is nothing to file yet , the LL did not give you proper notice and the only thing to FILE would be with the courts to ask for a eviction hearing and in that filing she will have to claim the rent wasn't paid OR prove that she gave you a proper notice to vacate and that you refused to leave. ( either way she will have to prove to the court that she followed your states laws to the court as to the notice given and the best way for her to show it would have been sending you a notice via confirmed mail delivery or certificate of mailing or some means to show the courts notice was sent. SO if she actually gets it right then you should be out by the end of the last day of the notice , IF she chooses to run to the court and file for a eviction hearing with out issuing a notice to you that meets the law then she will have actually made it so you could stay until the day of court which could be anywhere from 8 or more days after filing ( states have set how many days of notice one must get regarding landlord tenant issues like where I live if a landlord is lucky and the court docket has a lot of openings and can get the summons served the same day they filed for the hearing then the tenant can be in court in 8 days (and again that depends on how full the court docket in your county is) At this point I would suggest you have every thing ready to leave , in other words both you and your son live out of boxes so you don't have a lot to actually pack. DO take pictures of all your personal property so you have a record of it

So, in my case should I simply comply with the original eviction notice that ends on 1/13/2019 or wait for an actual notice from the landlord? I hate this wait and see approach. I am just simply spending my time applying for jobs right now and gathering our belongings. I don't plan on boxing anything. The only items that are valuable to me is a tv and a video game console the rest just mine and my sons clothes. If I am served a summons to go to court and leave before that court date, does an eviction show up on my record then? I really don't want that on my record and feel that may affect my housing chances.

 

[reenzz]

So, in my case should I simply comply with the original eviction notice that ends on 1/13/2019 or wait for an actual notice from the landlord? I hate this wait and see approach. I am just simply spending my time applying for jobs right now and gathering our belongings. I don't plan on boxing anything. The only items that are valuable to me is a tv and a video game console the rest just mine and my sons clothes. If I am served a summons to go to court and leave before that court date, does an eviction show up on my record then? I really don't want that on my record and feel that may affect my housing chances.

The simple filing of an eviction will show up on your record and yes, it may very well affect your chances with future housing. You can also expect to be sued for any rent that hasn’t been paid.

 

[FarmerJ]

You are free to leave today IF you wish to ! Its all about choices now, Your LL wanted you to move, You wanted proper notice so far the LL has chosen not to give you proper notice, You have chosen to stay on a while yet , LL still hasn't given you a proper notice SO far you do understand that if the LL files for a eviction hearing and you show up for court and you tell the court you did not get proper notice and the LL cant prove it then the court will not allow the matter to go any further ( you win ) and maybe the judge will tell the LL exactly what they did wrong , who knows? BUT so far your landlord has not issued proper notice to you and its entirely possible this LL is just waiting - hoping for you to leave on or before the 13th anyway. SO even if the LL got the correct notice prepared and the LL sent it to you via confirmed mail delivery or certified mail put into the mail yesterday and it arrived today then the LL with the weekend should wait until Monday to actually file , a three day demand notice = 72 hours of notice to pay up or get out before filing , WELL if you got the notice today and I was your LL I would start the 72 hours - 3 day time clock the date after I put it into the mail system SO that way weds to thurs =1 day, Thurs to fri = day 2 fri to sat = day three ( 72 hours) then Id go check on sunday evening to see if you were still there in the unit and if you were then Id have no problem going to the clerk of the court and pay the filing fee and begin the second step of the process which would be the summons to you ordering you to be in court by ( date available according to the court docket and X number of days allowed by your states laws that say how many days notice you must have of the hearing happening ( where I live its min of 7 days notice from the time the filing is done and if the summons is served the same day its filed then 8 days after we are in court ( most of the time the court dockets are more full and its just going to take longer to actually be in court, CAN you wait it out and stay on until she gets the notice done correctly YES and you can pack up and leave today too , its about choices and the consequences that go with the choices , at this point until she gets the correct notice to you , you might make her really mad but there is no serious consequence to you so far . ( I need to get to bed , its been a long night and when I get to work tonight its a 15 hour shift gnight )

 

[sausageparty85]

Little update. Starting to get strange but LL left a 3 day notice to vacate taped on the screen door late last night. There's no reason given such as failure to pay rent. No reason in the letter other than they say it's their property and they want it back. Then today I had front door open and she pulls onto the driveway with a camera in her hands points it at me and the house and takes a few pictures then leaves. This was done just before 6 pm pitch dark out, wtf? Night time exterior inspection photos of the house? I call bs. When is it considered landlord harassment???