ANSWERS: 14
  • What! Did you pay your rent? The landlord still have to evict you through the courts. I would get some legal help like asap.
  • Move out. Depending on your state, you may have renters rights that require him to give you enough time to pack up before you can leave. Here in Florida state law requires landlords to give the evicted 30 days to pack up and leave. Once you have left, a hotel can be used to hold you over for short period until you find a suitable place to live. I'd suggest checking out Suburban Inns, they offer a full kitchen at a bargain rate. Alternatively you can check cragslist for someone in need of a roomate or wanting to rent out part of their home. http://www.suburbanhotels.com/?sid=9Xnxg.5XYNmgJFGg.6 http://www.choicehotels.com/
  • As far as I can tell, that would be considered a month to month tenancy where the landlord has to give you thirty days notice. I'd inform him that if he decides to follow up on his plan, the police will be waiting for him when he gets there. And follow through if you have to. Meanwhile, start looking for another place.
  • Unfortunatley depending on sate laws, you have no recourse.. no lease.. no protection. YOu should be entitled to the remainder of the rent, depending on the condition the apartment is left in , ( even thought you won't have much time to do anything.) Although its too late at this point, I would say NEVER EVER EVER rent a place without a lease, you leave yourself open for all kinds of problems up the road. While its nice to think that your landlord will be kind, people are unpredictable ergo... the LEASE. Sorry to hear this happened to you, and I hope things get better from here on in. Keep in mind, I am making the assumption that you have been there less than a month.
  • You can stay for as long as your rent is paid, and many local governments have notification rules, such requiring 30 days notice. If I was you, I would move as soon as possible and take the owner to small claims court to recover any unused rent and extra expenses caused by the move.
  • That would be an illegal eviction, look up renter's right's for your state. You should have up to 90 days, enjoy!
  • TITLE: THE RIGHTS AND DUTIES OF TENANTS LIVING IN PRIVATE HOUSING Pennsylvania #9268 As a tenant living in private housing, your rights and duties are governed by two sources: your lease and the laws of Pennsylvania. If you did not sign a written lease, the law presumes that you are a tenant with a month-to-month oral lease. That is, the term of your tenancy is for one month and it renews itself each month so long as it has not terminated. Whether you signed a written lease or you have an oral lease, the law considers the relationship between you and your landlord to be a contract. In other words, you promised to pay your rent and in return the landlord promises to let you have exclusive use of the rental property for a certain period of time. TITLE: TENANTS’ RIGHTS IN EVICTION Pennsylvania #9242 If a problem develops between you and your landlord, and for some reason the landlord wants to end your lease, you have certain rights as a tenant under Pennsylvania law which can protect you against eviction. The best thing to do when a problem develops is to talk to your landlord and try to work out a reasonable solution that is fair to both you and your landlord. If you can’t work out a solution on friendly terms, it is important that you know the following: 1) You CANNOT be evicted for discriminatory reasons. In other words, your landlord cannot kick you out because of your race, color, religion, ancestry, national origin, handicap, sex or because you are blind and use a guide dog. 2) You CANNOT be evicted in retaliation because you have exercised your legal rights. For example, if you complained about bad housing conditions to local housing code officials, you landlord cannot evict you to get back at you. 3) You CANNOT be evicted through the landlord’s “self-help”. This means that the landlord cannot kick you out of your apartment without a court order. Therefore, he cannot evict you by denying you access to your apartment by padlocking your door, using force to evict you, or shutting off your utilities. Only a sheriff or constable with a court order can evict you. 4) However, you CAN be evicted if you don’t pay your rent and your landlord provides you with decent living conditions. 5) You CAN be evicted if you don’t do everything you promised to do in your written or oral lease. 6) You CAN be evicted if the term of your lease has expired. If your landlord does go to court to evict you, he must first notify you unless notice has been waived in a written lease. The notice should be written notice telling you that you have to move within a certain time. The amount of time will depend upon the reason you are being asked to move. If you are being evicted for non-payment of rent, the landlord must give you a 10 day notice. If the eviction is for breach of any other lease term or for end of lease, the notice must be for 15 days. Your lease itself can provide for a shorter or longer time for you to move (or permit no advance notice, if you knew you were giving this up when you signed your lease). Notice must be hand delivered or posted on the property. If you haven’t moved within the time stated in the written notice, your landlord will have to bring a legal action by filing a Landlord - Tenant Complaint, usually before a district justice, in order to evict you. You have the right to appear at the hearing before the district justice to present your side of the story. You can bring with you any witnesses or other evidence to support your story. If you lose at the district justice hearing, you have 10 days to appeal the judgment for possession, if the eviction is for non-payment of rent. In order to secure your possession during the appeal, you must post the amount of rent in the judgment or three months rent (whichever is less) with the Prothonotary. On all appeals, you then begin paying your rent into the Prothonotary rather than to the landlord. If you don’t appeal, you can be evicted after 30 days from the district justice decision, but only by a constable or sheriff. If the reason for eviction against you was only nonpayment of rent and the judgment states, “Possession granted if money judgment not paid by time of eviction, you may stop the eviction at any time before you are actually evicted by paying the amount the district justice ordered, including court costs. This can be paid to the landlord (get a receipt) or to the constable or sheriff. If you do not know how to make this payment, ask the district justice. If you have moved out of the property but want to appeal the money judgment, you have 30 days from the date of the hearing to file that appeal. If you do not appeal the possession and post your money with the court within 10 days, on the 11th day the landlord can request an order for possession. One copy of the order will be mailed and another copy hand-delivered. The landlord must wait 10 days after the date on the Order before eviction. He can only evict by having the constable change the locks. If you have other questions related to tenants and tenant rights, call any of the other Tel-Law tapes related to tenant and tenant rights. For additional tape topics, look under the Real Estate Section in the Tel-Law tape index located in the blue pages of the ‘Yellow Pages” telephone book. Basically, tell your landlord to shove it and take you to court. In the mean time, look for a new apartment.
  • Thanks for the answers. I have lived here since September 2007. Do you think I have any right to change the locks temporarily to prevent him from doing that while I am at work this weekend. I have a 9 yr old and he has threatened to shut off the utilities and board the place up. I see that he isn't allowed, but I am more than a little worried about him showing up and doing that anyway. He has been extrememly hostile on the phone. He would be coming in from Conneticut, just to do that. I have been looking for a place for the past couple of months. I have a dog which was allowed but there are a couple of bare spots in yard I was planning on fixing in spring. Can he still cause me grief over that?
  • Fist off, no matter what state you are in, whether you have paid rent or not or if you have a lease or not the landlord cannot kick you out without proper eviction or your approval of a set time to leave. This can take up to 4 or 5 months. There was a case in my area, Long Island, a few months back where a couple squatted in a house so the landlord turned off the utilities to try to get them out. Even though they weren't paying rent and never completed the rent agreement of a deposit the LL was required to keep the utilities on in his name and pay for them. What I would do is call the police and file a complaint against the LL. Get this done immediately to have it on file. Keep any and all documents and letter the LL gives you in regards to this for proof of his intent to kick you out without proper authority to do so. Remember that the renter holds all the rights until a legal eviction has occurred. While this is going on he probably won't accept any rent from you. Make the attempt to pay it though and when he refuses to accept it put it in a separate account to show your intent to pay rent. This will look VERY well on you if this should go before a judge. Also, just start to find a new place. This is not the right environment for you and your child. But take your time to find the right place. Remember he CANNOT kick you out without a legal eviction and if you agree to move you MUST be given at least 30 days notice (usually) with or without a written lease agreement.
  • In Pennsylvania you have a minimum of 30 days and that is if your landlord follows the law by the book. She has bigger problems than you do.
  • As many people have noted, you have legal rights that ideally will protect you. As you said, the landlord might ignore those rights and kick you out anyway. While you might win in the long term, you could be in for a lot of grief in the short term. Is there a way to reach an agreement with him? Can you address the issues that are causing him to freak out or are they outside of your control?
  • He's freaking out because my husband stops to pick me up to take me to work and stuff. He thinks my husband is staying nights here but he isn't. My husband dislikes him as much back, he even hates stepping in the door. always waits outside for me. I'm going to go talk to the police today. And go talk to someone about a house he had for rent awhile back. LL has even contacted 1st floor tenant and he's looking to move also, since LL has been acting like this.
  • http://www.rentalprop.com/apt-assns.htm local apartment association numbers. You need to get an attorney. There are notices he must give you... To make sure you have ample time to find another home and move your belongings out. If he shows contact police department so that he doesn't hurt you or your belongings.
  • maybe you should talk to a lawyer about that, thats not right

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