Questionable(?) Landlord Eviction & Wrongful Entry

[c.j.martin]

Sisters, Oregon (Deschutes County)

A friend of mine moved into a house/mobile with a friend that was on the lease. He left for a job for two wks and never returned. However, she was contacted by the landlord to sign a lease and start anew. Rent had been paid to current date of contact. When she went into see the landlord, he wanted her to sign right then and give him 1st, last and a deposit. All this had previously been paid by 1st tenant who left (never to this date notified landlords). She said, not right now and the landlord gave her a thirty day notice of eviction. Three days or so later, she was given a 72 hour notice. The landlord never contacted her until about 20 days or so that he wanted to come and do an inspection(?). First notice wasn't completed correctly of when and time. Second notice was for between 2pm and 3pm. Landlord never showed up, so she left for about 25 minutes, left her answering machine on record by mistake, from listening to prior messages. When she returned, she noticed the recorder and found that the landlord had been in her house while she was gone. The answering machine recorded voices, rummaging through drawers, hammering or tapping on something. The landlord never left a note stating he was there nor when he would contact her for another time/date. She asked her neighbor if the landlord had been there, they said, "Yes, but they didn't go in the house!" She asked what they meant by not going into the house. The neighbor had to go. She and the landlord went to Arbitration to resolve this. The arbitrator stated this had nothing to do with legal notices, just an aggreement of when she would be out, but kept letting her know she wasn't a "legal tenant". She was to receive a copy of the resolution within 2 days, per the arbitrator. She was walking out of the arbitrators office when the landlord thanked the arbitrator and conversation began using first names by both the landlord and arbitrator. To this date, 4/16/2001, she has not received any notification. She was to be out of her "home", yesterday, 4/15/2001. She has notified the landlord that she wouldn't be out by 4/15/2001. The landlord has not replied to her. Can the landlord do any of this? If yes, why? What can she do? What are her (tenant) rights? Thank you very much for your time and cooperation. A response is greatly needed as humanly possible.

 

[LL]

I don't know if this problem is complicated by involving a mobilr home instead of real property, but I believe:

1. "She" got a notice that her tenancy was being terminated. That meant that she needed to leave, and after that she was not a legal tenant.

2. She evidently agreed to arbitration, and to the selection of arbitor. Was the arbitration binding?

3. If the result of the arbitration was an agreement for her to leave by a certain date, then she needs to leave on time.

4. What is the basis on which she informed the landlord that she would not be out on time? If she doesn't have a right to do it, she will be evicted.

5. If she was notified that landlord was coming for a legitimate purpose, it was her responsibility to be there or to accept the landlord's entry.

6. Sounds to me that she has to leave.

 

[c.j.martin]

Somehow, I just knew YOU would reply... and as history proves correct, you obviously can't read or understand simple english very well. My friends situation is very serious and in the future, PLEASE...PLEASE actually read the posts. Basically, because, your wasting my time!!!!!! But, because of the person I am and the kind of person you seem to be, I must correct you.

Here we go...

1). She was never a tenant (legally) and the landlord knew this for about a month before asking her to complete a lease agreement.

2). All arbitrating is binding, like a court judgement. However, if you don't agree, you appeal. Whether the stipulated judgement is signed or not.

Question 4). 05/16/2001, was agreed upon, not 04/16/01. I could say, "Yeah...right, someone give me a real dull knife to cut my own throat!" In addition and more important, this whole thing started by an eviction. She can't be evicted, go to arbitration (no notification to date), and be evicted again in a little over 1 month. Maybe in CA, but not here in the real world.

5). Again... as previously stated, she was there. HE NEVER SHOWED UP at the agreed time (2pm-3pm). He arrived shortly after 4pm, right after she left for about 25 min. No phone calls, nothing.

I have been refraining, but no more. Your an IDIOT!!!! Sounds to me that you better start taking a seat way in the back of the room. Your embrassing and because of YOU, I've wasted about 30 minutes out of my life that I'll never get back correcting you. If you would actually read the posts before proving yourself hopelessly ignorant, may be people could receive an honest reply instead of this CRAP!!! DO NOT REPLY, I'M FINISHED WITH YOUR KIND!!!!!

 

[mary hartman]

I dont see what is the problem......

The landlord DID NOT rent the trailer to your friend, and he offered to give her a lease as long as she paid the required anmount of money.

She has NOT paid the landlord the money for a lease...

SO WHY ON EARTH DO YOU THINK SHE HAS A RIGHT TO LIVE THERE?

Stop your bitttccchinnnggg and help her move out of there fast, before a marshall or sherriff will toss all her stuff in the street!

She didnt pay the landlord da moneee so she aint gotz no rite to live there!

 

[LL]

1. She lived there, didn't she? Under the status of a rented premises, wasn't it. She is a tenant, even if she never signed a written agreement. She remained there after this other friend left. She is a tenant all right. If you know what makes a tenant, well I do and thats why I told you that her tenancy was terminated. Once her tenancy is terminated, she is still a tenant, but illegally occupying the premises. Why is she still occupying the premises?

2. Not all arbitration is binding. There is also non-binding arbitration.

3. You said, "She was to be out of her "home", yesterday, 4/15/2001". Now you say " 05/16/2001, was agreed upon, not 04/16/01".

4. So he showed up a little late. Usually, a 4 hour window is allowed.

5. I suspect that you have wasted your entire life and so have your friends. How did you and/or she get into a fix like this in the first place?

6. If you had any ability to think, you would realize that the basic facts here are that her tenancy has been terminated, she has no right to live there, her continuing to occupy the premises is not only wrong, but illegal, and she cannot stay without the landlord's permission. Sooner or later she will be evicted, she'll have an eviction on her record, and she will deserve all of the consequences that will follow.

7. I cannot believe that you are writing to ask, "What are her TENANTS' rights. Well, I believe it because I have seen it, but do you really think that she has some kind of RIGHT to live there without the landlord's permission and without paying rent? She refused to sign a rental agreement, but she still won't leave.She has no right of possession, does she?

8. Evidently, you have a class of friends who cannot write for themselves. I'm not surprised.