what to do next - proper 30 day notice not given

[n0n077]

i rent a mobile home in pennsylvania - 1st i was given a 30 notice of intent not to renew lease. Property manager came to the property and we worked it all out she stated that for me not to worry about the termination of lease that it was ok. On the same day she took 6/15 rent (junes rent was due on 6/15/06) on 6/21/06 received a letter stating that they decided to continue with the termination of lease due to majore defects due to them not making repairs, and i had to be out by 7/10/06. I called her up and she said to send in a letter requesting additional time. i did so. i left town from 6/30/06 to 7/14/06. i received no phone calls or letters about my request. and on 7/10/06 my house was broken into . front door. on 7/12 and papper was put on my door from the PM stating that i was to be out by 7/10 . i mailed 7/15 rent check and this was returned on 7/15 with a letter stating if i am not out by 7/24 she would be filing pappers and i would be responsible for the fees. also 7/15th rent check was returned i called up on 7/17 and was told that she had tried to call me numorous times at home and at work. no messagaes were left at work and i have sun rocket and that records a list of every number that called my house. hers was not one of them. So that was a lie.

I was told that since she stated to me not to worry anymore about the 30 day notice and took my June rent payment it was a verble agreement and that she needed to send me another 30 day notice if they changed there mind and still wanted me out. Or is the letter saying that they are continuing the termination of lease and to be out by 7/10 valid.. (even though this is only 19 days) ???????

Also if i am taken to court what are me options - i was told to defend agains the termination due to the 30 day notice not being valid. and if i loose how much time do i have to vacate. i have a lot of damage done to my bedroom furniture due to 3 years of leaking ceilings, can i counter sue for this damage. Am i able to counter sue for not being able to use the property as it was completly intended for (for part of each months rent for time that the repairs were not made) huge wholes in floors, faulty wiring in kitchen no electric in kitchen and if so how far back can i go. and last should i send a notorized letter now listing everthing there maintinance department was to fix and never did?

 

[FarmerJ]

If they got the notice wrong according to your states laws simple , the judge should make them start from scratch. if the phone calls are brought up by the LL have with you a print out and if the judge wont accept it not sure wether you would have any luck with the judge having a clerk of the court pull it up and print it for him/her ( I take it that its a VOIP telephone co ? I use a different one since 99 & of my calls are to nieghboring areas that my local phone co connects as TOLL call)

 

[BL]

Usually if a Landlord accepts rent after the fact then the Court will side with you .

As far is the Property maintenances , did you file complaints with property code enforcement Office , if there is one that covers the mobile home ?

Do you have certified return receipt letter of your demands for repairs ?

You need some kind of Proofs of these and proofs of your damages .

Then when eviction comes to court you can counter sue , or request the LL's eviction Petition to the dismissed because the LL accepted rent after the fact , and again did not initiate proper procedure .

Get a code inspector in there , if you're able to and obtain a report , or

It sounds like the LL wants you out so the repairs can be made .
Negotiate a monetary settlement to move .

 

[n0n077]

in my township there is no one that covers code enforcement at all, i was told to take landlord to civile court.

Do you have certified return receipt letter of your demands for repairs ?
no - is it to late to send one
You need some kind of Proofs of these and proofs of your damages .
i have tons of pictures - pictures of the whole bedroom ceiling falling down, landed on me while i was sleeping - also pictures of the six pots i slept with for two days. does this work

Then when eviction comes to court you can counter sue , or request the LL's eviction Petition to the dismissed because the LL accepted rent after the fact , and again did not initiate proper procedure .
can i do one or the other , or both
Get a code inspector in there , if you're able to and obtain a report , or
where can i get a code inspector? the place i called stated that they do not do that for rental properties......
It sounds like the LL wants you out so the repairs can be made .
no they want to tear down the place and put a new one in
Negotiate a monetary settlement to move .
any ideals on how to initiate this

 

[BL]

in my township there is no one that covers code enforcement at all, i was told to take landlord to civile court.

Do you have certified return receipt letter of your demands for repairs ?
no - is it to late to send one
You need some kind of Proofs of these and proofs of your damages .
i have tons of pictures - pictures of the whole bedroom ceiling falling down, landed on me while i was sleeping - also pictures of the six pots i slept with for two days. does this work

Then when eviction comes to court you can counter sue , or request the LL's eviction Petition to the dismissed because the LL accepted rent after the fact , and again did not initiate proper procedure .
can i do one or the other , or both
Get a code inspector in there , if you're able to and obtain a report , or
where can i get a code inspector? the place i called stated that they do not do that for rental properties......
It sounds like the LL wants you out so the repairs can be made .
no they want to tear down the place and put a new one in
Negotiate a monetary settlement to move .
any ideals on how to initiate this

You contact the landlord to try to negotiate a move out settlement to avoid Court .

If the Landlord will not budge . Then you can either wait for eviction summons , and file a counter suit of what you believe you can prove your damages . Yes you can request the LL's petition be dismissed and you be awarded damages .

Or, you could simply move out and sue the LL in small claims Court for your damages . You may have to anyways .

If the place is that bad you can claim " constructive eviction " ( in other words you had no choice but to move because the conditions of the place were so unbearable you could no longer live there .

You could request damages in addition because of this .

It would then be up to a Judge to decide all these issues either from an evictions proceedings and/or small claims court .

Ask the clerks of the courts proper procedures for filings .

 

[n0n077]

If the place is that bad you can claim " constructive eviction " ( in other words you had no choice but to move because the conditions of the place were so unbearable you could no longer live there .
would i so this at the same time she takes me to court ??? or do i need to move befor she takes me to court......

You could request damages in addition because of this . what kind of damages ???

 

[BL]

If the place is that bad you can claim " constructive eviction " ( in other words you had no choice but to move because the conditions of the place were so unbearable you could no longer live there .
would i so this at the same time she takes me to court ??? or do i need to move befor she takes me to court......

You could request damages in addition because of this . what kind of damages ???

You claim construtive eviction after you move , try to get some rent returned or portion of it .

If you stay and let it go to Court you can request a portion of the rent be also return for the space or necessities you could not use , in addition to any actual damages you may have incurred , as well as request the LL's petition to be dismissed as I described .

As I suggested try negationating a move out with the LL.

 

[n0n077]

URGENT : I just got off the phone with my landlady - very unplesant - she stated that she is a member of 4 property manager - and that she never said not to worry about the evictioan (however she did in front of my 3 sons and she took the rent) but also stated that she is going to do a physical evition at the end of the week. i asked what she ment by that and she stated that they were just going to change the locks on the door**************.. what can i do now.

 

[BL]

If the LL just changes the Locks call the Police .

If you can't get back in after calling the Police take the LL to Court for ALL the damages you suffered and any and ALL punitive damages by the illegal lock out allowed by law .

At the very least the police should be there so you can retrieve your belongings .

 

[n0n077]

If the LL just changes the Locks call the Police .

If you can't get back in after calling the Police take the LL to Court for ALL the damages you suffered and any and ALL punitive damages by the illegal lock out allowed by law .

At the very least the police should be there so you can retrieve your belongings .

isn't there anything i can do, if they lock the door i have no place to go at this time. no family or friends close. and at this time only 300 dollars to my name.

 

[BL]

isn't there anything i can do, if they lock the door i have no place to go at this time. no family or friends close. and at this time only 300 dollars to my name.

Yes, read here :


http://www.tenant.net/Other_Areas/Penn/harris/pa-part5.html

 

[n0n077]

ok - 1. I was told that i should file against my landlord first, stating that they did not follow the right procedures of the lease termination. Can I do this and how do i do this?
2. Can I request in this complaint a portion of the rent for each month they did not make the repairs? 3. Can I request in this complaint money that I (on my own with out the landlords permission) for the cost of the supplies I bought for repairs that I made? 4. Can I request in the same complaint for damages to my property because of items that were destroyed or damages from the water soaked ceiling falling on me and my stuff in the middle of the night. 5. If so how do I calculate a $ amount. Is it a percentage of what it is worth? I mean for a 5-year-old mattress that was constantly being water soaked when it rained I cannot claim the full price can I. 6. The property has a property management do I file the complaint against them, or the owner or both.
Last. The primary leaseholder is my husband we separated a couple of months after I moved in - and the landlord new it. Still everything even the letters that the landlord sends are in his name. Do I need him to file this complaint or can I do it?

 

[BL]

C. WHAT ARE IMPROPER METHODS OF EVICTION?
Sometimes a landlord will tell a tenant to move right away, or next week, or threaten to get the Sheriff to throw the tenant out, change the locks, shut off the tenant's electricity, etc.

The landlord cannot legally do anything to evict a tenant other than to follow the procedures through the District Justice's office set out above. If the landlord tries any of these other methods, the tenant should see a lawyer immediately to protect the tenant's rights. When visiting an attorney, a tenant must always remember to take the lease, rent receipts, notices, complaints, and any other written documents that apply to the housing situation.

Well , if the landlord allowed you to Stay , then you are a tenant .

Consult an attorney for a small fee .

 

[n0n077]

for the past two weeks i have tried to call lawyers: i have called maybe 8-9 that advertise that they handle real estated or are a full service and they have called me back telling me that they do not handle landlord tenant. and that the landlord has to take me to court. a few even said they only do landlord tenant from the landlord side. One said i get paid 250.00 and hr and this is just to small for me. so i am at a loss as to how to file i do not even know what it is called or who to talk to. it is hard to find a place with 5 kids. and since the lease is in my husbands name the landlady is now telling people that i have no rental hystory. even though i paid it every month and was not late more then 3 times by 2 days and she knew he was no longer there.

 

[BL]

legal aid

http://www.palegalservices.org/

PA bar association

http://www.pabar.org/

Also up top this page click on find a Lawyer.