I live in Pennsylvania and just rented an apt about a month ago, on a month to month lease. When we moved in the front door had a flimsy bathroom door knob with a spring lock. My husband changed it to a sturdier lock to protect our home. We both work and are considering adding renters ins to our belongings as we have a good many assets, such as brand new furniture, pcs, laptops and flatscreens. Can our landlady demand the key to our door? If she wants to have access to the home we have no problem in receiving enough notice as we both work for her to come through. However, how often is reasonable for her to come view our home? Last time she came in only my husband was here who doesn't bother with people, really, and she told him to remember that this was still her home and we couldn't lock her out of it.
What are our rights? Does she have a right to the apt keys? and how often can she come through to %26quot;inspect%26quot; the home? I think she is nothing but a busybody that just wants to have control over her tenants, as the girl next door can be heard vacuuming every day and when we moved in she ran out to tell the landlady how she had been vacuming and trying to return the vacuum to the landlady.
thank you for anyone who can help us make sense of this because if not I'm moving in a couple of months.
Can my landlady visit us unannounced? Can she demand a copy of the keys for a changed lock?
Sorry, yes. Just give her a copy of the current key and then have it re-keyed again. If she finds out about it ask her how she knows the key no longer works.
They need to be able to get in in order to handle any emergencies such as broken pipes etc. Its more than likely its in the lease, it's standard.
You could bet a cheep wireless on ebay for $40 bucks that will give her a START and you eill be able to tell if any one come in while you were gone.
I don't like to give out keys. So be creative.
Can my landlady visit us unannounced? Can she demand a copy of the keys for a changed lock?
Yeah she can or she can kick yo but out
Yes, she can demand a copy of the new key, since you changed the lock. The law is on her side with that one. With giving you notice, each state is different, but most states will say that the landlord needs to give you 24 hours notice first. I had this problem once, and I wrote a letter to my landlord stating that he needed to give me 24 hours notice before he came into my apt. and it stopped. She shouldn't be in your home except to change air filters or if there is a problem that you have reported.
She does have a right to the apartment keys but she does not have a right to come in unannounced. Depending on your state she has to give 24 hours or a week's notice before she enters the apartment.
The landlord has a right to a key, they need it in case of flood or fire.
They don't have a right to come in when you aren't home except with proper notice. They have no right of inspection that I know of. They have a right to do things like adding a smoke detector when it didn't have one but you have a right to peaceful enjoyment of your home. If you have a flood or fire or something along those lines they will come to try to prevent more damage, but you would understand that.
regarding the amount of notice she needs to give you before entering the apartment, you should check the renters laws for pa or your lease agreement, preferably both.
she absolutely is permitted to have copies of the keys, it is her property after all. she may need access in case of an emergency, i.e. fire, plumbing leak, etc.
she very well may be a busybody as she may not have anyone to talk to.
She has to give you a 24 hour notice to inspect and she can ask for copy's of your door key.However,she ,under any circumstance has no right to enter your home without your permission unless it is an emergency.Not even a cop can enter your home without a warrant.Personally,I would move if I had to live with a nosy busybody!
The landlady has a legal right to the key to the door.
However, she has to have a legit reason to enter the property. Inspecting the property can work once or twice but after that is too much. As a landlord, I usually walk thru the rental properties about once a year or so for my long term renters.
1. You NEED to add renter's insurance. It's too cheap not to....and she is not responsible for providing you a place to stay or replacing your things in the event the place burns down. That should be enough to convince you.
2. Yes, she CAN have a the key to your front door b/c you rent, she owns, and you cannot deny her access to her own property. If you don't, she can have the locks changed without your permission, provide you with a new key, and probably charge you around $150 for the ordeal.
3. She can come over to inspect the property, for any non-emergent reason, with a 24 hour notice, and it does NOT have to be written. Any more than once per month, I would consider excessive....if she comes over without it being an emergency, that is considered breaking and entering. Landlords can and do go to jail for that.
4. She does not have to give you a notice if it's an emergency.
PA Landlord/tenant laws do NOT have a statute on the ability of the landlord to enter the premises. The landlord is NOT required to give notice unless a clause is in the lease regarding such.
Tuesday, October 25, 2011
Can I evict my ex-boyfriend if he is on the lease with me? How do I go about doing that? We live in California?
We split about a week ago. He refuses to give me his key to the house because he is on the lease. He comes and goes as he pleases when I'm not home. Do I need to ask my landlord to evict him or can I do that myself? I am about to change the locks, is that legal?
Can I evict my ex-boyfriend if he is on the lease with me? How do I go about doing that? We live in California?
No, you cannot! Your landlord must go thru a legal process.
The landlord - tenant agreement is between the landlord and your ex-boyfriend and has nothing to do with your breakup. (two entirely separate different issues). Therefore any action pertaining to obtaining his key or changing locks on the door should also be accomplished by the landlord. The landlord must be justified legally to evict and serve notice to your ex so if your boyfriend is no longer contributing to the rent, theres his/her justification.
Can I evict my ex-boyfriend if he is on the lease with me? How do I go about doing that? We live in California?
he on the lease nothing the landlord can do
No, you cannot. You however can ask to break the lease with him and leave if you so desire. I would first check your lease on costs to break it. Sorry
go downtown and file for an eviction
Yes, changing the locks is illegal. If he's on the lease you have no legal right to evict him.
Can I evict my ex-boyfriend if he is on the lease with me? How do I go about doing that? We live in California?
No, you cannot! Your landlord must go thru a legal process.
The landlord - tenant agreement is between the landlord and your ex-boyfriend and has nothing to do with your breakup. (two entirely separate different issues). Therefore any action pertaining to obtaining his key or changing locks on the door should also be accomplished by the landlord. The landlord must be justified legally to evict and serve notice to your ex so if your boyfriend is no longer contributing to the rent, theres his/her justification.
Can I evict my ex-boyfriend if he is on the lease with me? How do I go about doing that? We live in California?
he on the lease nothing the landlord can do
No, you cannot. You however can ask to break the lease with him and leave if you so desire. I would first check your lease on costs to break it. Sorry
go downtown and file for an eviction
Yes, changing the locks is illegal. If he's on the lease you have no legal right to evict him.
What do you do if you lost your door keys ?
I have just recently lost the keys to my home, and I don麓t know what to do! I am so afraid that someone is gonna find the keys and come and open my house, seriously. Is that possible if you don麓t know the number of the house, to come and break in to it ? I can麓t change my locks, cause it costs too much right now. So do u think i am axagerratin or how whould u feel if u lost them ? If someone has been in this situation, please tell me how you delt with it.
What do you do if you lost your door keys ?
I would feel the same and would lose sleep until my locks were changed or my keys were found.
If you have a door that doesn't need locking from the outside, check for certain that the keys are not somewhere in the house. Then check everywhere that you could possibly have left them or ask if they have been handed in anywhere you have been and at the police station in case they were handed in. The police can also advise you. If you do not find them, then I would strongly recommend borrowing the cash to change your locks. It is unlikely that your keys are in the hands of someone who knows where you live but that would not give me peace of mind. Also, if they are used, you may find that your house is not insured. Check your home contents policy or directly with the insurer, some insurers include replacement of locks in this situation.
Best of luck and I hope it is sorted soon.
What do you do if you lost your door keys ?
Well, I called the locksmith and paid whatever it took. Even if I couldn't afford it at that time (I did manage, though) because my peace of mind was worth every penny.
Same goes to you, I guess.
Go to walmart and buy some cheaper locks to replace until you can afford to buy a good one.
You break down the door then pay for it...............Duh! Try using a sledge hammer.
If there's no ID, then I doubt anyone would be able to figure out what house to go to. You can get a new lock dirt cheap, sometimes for under $10.
If your address was not with the keys anyone finding them would not know to what door they belonged.
If you think they could know your address, then borrow the money to get your lock changed. It's relatively cheap and simple to change the lock and worth the peace of mind.
its only u who knows tt that key fits into your house. if u didnt lose it in the vicinity of the home or around your office/colleagues - no worries. someone getting it wont know wh door it will fit. so when u can afford it, change it.
so pl remember where / when u lost it? hv u changed it? u got a spare one?hair bands celebrities myspace
What do you do if you lost your door keys ?
I would feel the same and would lose sleep until my locks were changed or my keys were found.
If you have a door that doesn't need locking from the outside, check for certain that the keys are not somewhere in the house. Then check everywhere that you could possibly have left them or ask if they have been handed in anywhere you have been and at the police station in case they were handed in. The police can also advise you. If you do not find them, then I would strongly recommend borrowing the cash to change your locks. It is unlikely that your keys are in the hands of someone who knows where you live but that would not give me peace of mind. Also, if they are used, you may find that your house is not insured. Check your home contents policy or directly with the insurer, some insurers include replacement of locks in this situation.
Best of luck and I hope it is sorted soon.
What do you do if you lost your door keys ?
Well, I called the locksmith and paid whatever it took. Even if I couldn't afford it at that time (I did manage, though) because my peace of mind was worth every penny.
Same goes to you, I guess.
Go to walmart and buy some cheaper locks to replace until you can afford to buy a good one.
You break down the door then pay for it...............Duh! Try using a sledge hammer.
If there's no ID, then I doubt anyone would be able to figure out what house to go to. You can get a new lock dirt cheap, sometimes for under $10.
If your address was not with the keys anyone finding them would not know to what door they belonged.
If you think they could know your address, then borrow the money to get your lock changed. It's relatively cheap and simple to change the lock and worth the peace of mind.
its only u who knows tt that key fits into your house. if u didnt lose it in the vicinity of the home or around your office/colleagues - no worries. someone getting it wont know wh door it will fit. so when u can afford it, change it.
so pl remember where / when u lost it? hv u changed it? u got a spare one?
How do I get the weather section of the yahoo home page to change and locked into my home town.?
hold your mouse over the weather and when the drop down box appears enter your zip/post code
How to get rid of awkward tenants?
What is the best and quickest way of getting rid of tenants that are giving you a lot of grief and headache and are behind few months with there rent can i just change the locks and through there stuff out when they are not home?
Many thanks to all of you who reply and i hope you have a happy new year!
How to get rid of awkward tenants?
No you can not change the locks and throw out their stuff. You need to send them a written notice of eviction in 30 days (this may be 60 in your state and you need to check those rules). When hat time passes you get the police to come and evict them.
However, if they know the system they know they can tie your place up for months on you. Most know or know someone who knows the system.
Good luck
How to get rid of awkward tenants?
Have you both signed a Tenancy agreement? Are they in breach of their contract? Tread carefully as they have rights.
there's a think called the landlord and tenant act in your area and there are actual guidelines in there as to what is appropriate to where you live.
There are agencies for landlords that have templated letters that can be used that are appropriate for your area.
If you've not been paid ~ things could be straight forward in getting them evicted. Just follow the proper procedure and then you'll have done all that is necessary should it come to calling the Sheriff and having them physically taken out of the property.
Are they on a lease? If so, you can give them 30 days notice to get ALL their past due rent paid up, and if not, start eviction proceedings against them.
No ur best to do this as sensibly and as professionally as u can! if u throw all thr stuff out u could get urself into alot of trouble and worse case scenario u could be sued! If i were u id just send them a letter stating that they are being evicted because they have not payed rent, u can also state that u want that rent and will take legal action if u dont get it. thrs no need for u to explain urself ! Hope i helped!
You are a landlord yet you don't know the correct procedure!!!
No you cannot do what you mentioned.
suggest you look the rachman act
Peter Rachman (1919鈥?29 November 1962) was a London landlord in the mid-20th century, active in the Notting Hill area in the 1950s and 1960s. He became so notorious for his exploitation of tenants that the word %26quot;Rachmanism%26quot; entered the OED as a synonym for any greedy, unscrupulous landlord.
Contents [hide]
1 Career
2 Personal life
3 Bibliography
4 References
[edit] Career
Rachman was born Perec Rachman in Lvov, Poland in 1919, the son of a Jewish dentist.[1] After the German invasion of Poland in 1939, Rachman may have joined the Polish resistance.[2] He was first interned by the Germans and, after escaping across the Russian border, was interned in a Soviet labour camp in Siberia where he was very cruelly treated.[3] After the Germans declared war on Russia in 1941, Rachman and other Polish prisoners joined the 2nd Polish Corps and fought on behalf of the Allies in the Middle East and Italy. After the war he remained with his unit, which remained as an occupying force in Italy until 1946 when they transferred to England. Rachman was eventually demobilised in 1948 and became a British resident.[4]
In England Rachman built up a property empire in north London consisting of more than one hundred mansion blocks and several nightclubs. He operated from an office at 91-93 Westbourne Grove, in Bayswater, and the first house he purchased and used for multi-occupation was nearby in now-fashionable St. Stephen's Gardens, London W2. Adjacent areas in Notting Hill (W11), including Powis Square, Powis Gardens, Powis Terrace, Colville Road and Colville Terrace were also early areas where he subdivided and let rooms, initially often for prostitution. Much of this area south of Westbourne Park Road, having become derelict, was compulsorily purchased by Westminster City council in the late 1960s and demolished in 1973-4 to make way for the %26quot;Wessex Gardens%26quot; estate.[5][6]
In order to maximise his rental from his properties, he is said to have driven out the, mostly white, sitting tenants of the properties he owned in Notting Hill, who had statutory protection against high rent increases, and then to have packed the properties with recent immigrants from the West Indies. New tenants did not have the same protection under the law as the sitting tenants had possessed, and so could be charged any amount Rachman wished. Most of the new tenants were Afro-Caribbean immigrants who had no choice but to accept the high rents, as it was difficult for them to obtain housing in London at the time due to the colour bar. Indeed, Rachman's reputation, which he even promoted in the media, was initially as someone who could help to find and provide accommodation for immigrants who otherwise would find it difficult.
According to his biographer, Shirley Green, certain elements of the traditional story about Rachman, such as the use of violence to drive away the sitting tenants, may be mythical, and more devious methods were used, such as relocating the protected tenants in a smaller concentration of properties or buying them out, in order to minimise the number of tenancies with statutory rent controls. Also, houses were subdivided into a number of flats in order to increase the number of tenancies without rent controls.[7]
Rachman did not achieve general notoriety until after his death, when the Profumo affair of 1963 hit the headlines and it emerged that both Christine Keeler and Mandy Rice-Davies had been his mistresses, and that he had owned the infamous mews house in Marylebone where Rice-Davies and Keeler had plied their trade.[8] He had actually largely moved out of slum-landlording into property development after 1958, but his former henchmen, including the equally-notorious Michael de Freitas (AKA Michael X/Abdul Malik), who still managed to build an almost separate life and reputation as a black-power leader and event promoter of jazz and blues, helped to keep him in the limelight.[9][10]
As full details of his activities were revealed, there was a call for new legislation to prevent such practices, led by Ben Parkin, MP for North Paddington, who coined the phrase %26quot;Rachmanism%26quot;. The subsequent 1965 Rent Act added to the security of tenants, but had the unintended consequence that private rented housing became scarce.
[edit] Personal life
According to his biographer, rather than being the vicious ogre of popular myth, Rachman was an intelligent man with a genial personality. Though not blessed with conventional good looks, being short, balding and dumpy, he had the power to charm women and mixed with all classes of society from prostitutes to the aristocracy. He was flamboyant about the way he displayed his wealth: driving a Rolls Royce, chewing on a Winston Churchill type cigar and sporting dark sunglasses. Though generally a happy individual he was somewhat conflicted between his Jewish and Polish heritage, due to traditional Polish anti-Semitism. Confusion o
Changing the locks while they're not home constitutes an illegal eviction, and will only make things worse. In some states, illegal evictions are actually a criminal offense -- the cops will get involved, and haul YOU off to jail if you don't let them back in. Elsewhere, all your tenants need to do is call a locksmith and provide evidence they live there before he lets them in and provides them with a key. If that happens, and you call the cops, cops are going to tell you it's not their problem, and they can't do anything without an order from a court. You may face criminal charges if you throw out their things, and they can sue you for any damages or items that they've lost through your actions.
Take a deep breath, then look into your state's laws. You'll need to provide them with a 3-5 day notice to pay or quit and then file an eviction, or provide a 30 day notice to vacate the property and file an eviction once that 30 days is up.
If you think about renting the unit out again once these slugs are gone, do yourself a favor -- familiarize yourself with your state's landlord/tenant laws [including your obligations, and the available avenues you have should you need recourse], or hire competent property manager until you understand the ins and outs.
you must go to court and get a legal eviction notice
Putting the house on the market =)
Many thanks to all of you who reply and i hope you have a happy new year!
How to get rid of awkward tenants?
No you can not change the locks and throw out their stuff. You need to send them a written notice of eviction in 30 days (this may be 60 in your state and you need to check those rules). When hat time passes you get the police to come and evict them.
However, if they know the system they know they can tie your place up for months on you. Most know or know someone who knows the system.
Good luck
How to get rid of awkward tenants?
Have you both signed a Tenancy agreement? Are they in breach of their contract? Tread carefully as they have rights.
there's a think called the landlord and tenant act in your area and there are actual guidelines in there as to what is appropriate to where you live.
There are agencies for landlords that have templated letters that can be used that are appropriate for your area.
If you've not been paid ~ things could be straight forward in getting them evicted. Just follow the proper procedure and then you'll have done all that is necessary should it come to calling the Sheriff and having them physically taken out of the property.
Are they on a lease? If so, you can give them 30 days notice to get ALL their past due rent paid up, and if not, start eviction proceedings against them.
No ur best to do this as sensibly and as professionally as u can! if u throw all thr stuff out u could get urself into alot of trouble and worse case scenario u could be sued! If i were u id just send them a letter stating that they are being evicted because they have not payed rent, u can also state that u want that rent and will take legal action if u dont get it. thrs no need for u to explain urself ! Hope i helped!
You are a landlord yet you don't know the correct procedure!!!
No you cannot do what you mentioned.
suggest you look the rachman act
Peter Rachman (1919鈥?29 November 1962) was a London landlord in the mid-20th century, active in the Notting Hill area in the 1950s and 1960s. He became so notorious for his exploitation of tenants that the word %26quot;Rachmanism%26quot; entered the OED as a synonym for any greedy, unscrupulous landlord.
Contents [hide]
1 Career
2 Personal life
3 Bibliography
4 References
[edit] Career
Rachman was born Perec Rachman in Lvov, Poland in 1919, the son of a Jewish dentist.[1] After the German invasion of Poland in 1939, Rachman may have joined the Polish resistance.[2] He was first interned by the Germans and, after escaping across the Russian border, was interned in a Soviet labour camp in Siberia where he was very cruelly treated.[3] After the Germans declared war on Russia in 1941, Rachman and other Polish prisoners joined the 2nd Polish Corps and fought on behalf of the Allies in the Middle East and Italy. After the war he remained with his unit, which remained as an occupying force in Italy until 1946 when they transferred to England. Rachman was eventually demobilised in 1948 and became a British resident.[4]
In England Rachman built up a property empire in north London consisting of more than one hundred mansion blocks and several nightclubs. He operated from an office at 91-93 Westbourne Grove, in Bayswater, and the first house he purchased and used for multi-occupation was nearby in now-fashionable St. Stephen's Gardens, London W2. Adjacent areas in Notting Hill (W11), including Powis Square, Powis Gardens, Powis Terrace, Colville Road and Colville Terrace were also early areas where he subdivided and let rooms, initially often for prostitution. Much of this area south of Westbourne Park Road, having become derelict, was compulsorily purchased by Westminster City council in the late 1960s and demolished in 1973-4 to make way for the %26quot;Wessex Gardens%26quot; estate.[5][6]
In order to maximise his rental from his properties, he is said to have driven out the, mostly white, sitting tenants of the properties he owned in Notting Hill, who had statutory protection against high rent increases, and then to have packed the properties with recent immigrants from the West Indies. New tenants did not have the same protection under the law as the sitting tenants had possessed, and so could be charged any amount Rachman wished. Most of the new tenants were Afro-Caribbean immigrants who had no choice but to accept the high rents, as it was difficult for them to obtain housing in London at the time due to the colour bar. Indeed, Rachman's reputation, which he even promoted in the media, was initially as someone who could help to find and provide accommodation for immigrants who otherwise would find it difficult.
According to his biographer, Shirley Green, certain elements of the traditional story about Rachman, such as the use of violence to drive away the sitting tenants, may be mythical, and more devious methods were used, such as relocating the protected tenants in a smaller concentration of properties or buying them out, in order to minimise the number of tenancies with statutory rent controls. Also, houses were subdivided into a number of flats in order to increase the number of tenancies without rent controls.[7]
Rachman did not achieve general notoriety until after his death, when the Profumo affair of 1963 hit the headlines and it emerged that both Christine Keeler and Mandy Rice-Davies had been his mistresses, and that he had owned the infamous mews house in Marylebone where Rice-Davies and Keeler had plied their trade.[8] He had actually largely moved out of slum-landlording into property development after 1958, but his former henchmen, including the equally-notorious Michael de Freitas (AKA Michael X/Abdul Malik), who still managed to build an almost separate life and reputation as a black-power leader and event promoter of jazz and blues, helped to keep him in the limelight.[9][10]
As full details of his activities were revealed, there was a call for new legislation to prevent such practices, led by Ben Parkin, MP for North Paddington, who coined the phrase %26quot;Rachmanism%26quot;. The subsequent 1965 Rent Act added to the security of tenants, but had the unintended consequence that private rented housing became scarce.
[edit] Personal life
According to his biographer, rather than being the vicious ogre of popular myth, Rachman was an intelligent man with a genial personality. Though not blessed with conventional good looks, being short, balding and dumpy, he had the power to charm women and mixed with all classes of society from prostitutes to the aristocracy. He was flamboyant about the way he displayed his wealth: driving a Rolls Royce, chewing on a Winston Churchill type cigar and sporting dark sunglasses. Though generally a happy individual he was somewhat conflicted between his Jewish and Polish heritage, due to traditional Polish anti-Semitism. Confusion o
Changing the locks while they're not home constitutes an illegal eviction, and will only make things worse. In some states, illegal evictions are actually a criminal offense -- the cops will get involved, and haul YOU off to jail if you don't let them back in. Elsewhere, all your tenants need to do is call a locksmith and provide evidence they live there before he lets them in and provides them with a key. If that happens, and you call the cops, cops are going to tell you it's not their problem, and they can't do anything without an order from a court. You may face criminal charges if you throw out their things, and they can sue you for any damages or items that they've lost through your actions.
Take a deep breath, then look into your state's laws. You'll need to provide them with a 3-5 day notice to pay or quit and then file an eviction, or provide a 30 day notice to vacate the property and file an eviction once that 30 days is up.
If you think about renting the unit out again once these slugs are gone, do yourself a favor -- familiarize yourself with your state's landlord/tenant laws [including your obligations, and the available avenues you have should you need recourse], or hire competent property manager until you understand the ins and outs.
you must go to court and get a legal eviction notice
Putting the house on the market =)
The correct procedures how to kick someone out?
We have a woman who rents a room in our house. We told her in October 2007 that she needs to leave by January 10, 2008. (today) This morning she refused to leave. Can we just change the locks and move her stuff out? If not, what do we have to do to make her leave today or some time soon!? Oh, and we live in California.
The correct procedures how to kick someone out?
No.
The Eviction Process
Eviction is the means by which a landlord can legally get you to move out. If you win, you stay put. If you did nothing to stop it, you would lose but have about a month from the filing of the eviction lawsuit before you would be locked out by the Sheriff. If you fight it, getting 2-3 months more time [even if you lose] is easy. My record is 14 months, and it could have been longer. That landlord gave up over $10,000 in back rent just to have the tenant leave, so we settled for that.
As shown in the diagram below, eviction usually starts with a notice, then goes to a lawsuit called an %26quot;unlawful detainer%26quot;, or %26quot;UD%26quot; for short. If you win, you stay in possession and the landlord has to reimburse you for your legal costs. If you lose, the Sheriff has to give you a 5-day notice before a lockout, and finally you leave. You can go back and get your stuff after being locked out. While you're in this process, you pay no rent; you still owe it, but it stays in your pocket. You can use that money to pay for legal expenses to fight the eviction [thanks, Mr. Landlord!] and to pay for moving, if you choose to do that.
Landlords try to scare you into moving, and not fighting it, because they know how much hassle you can give them, and how expensive it can be to get you out. Here are the common myths:
(1) The landlord CANNOT lock you out, remove your property, remove doors or windows, or turn off utilities to get you out, in lieu of court; Civil Code 789.3 prohibits that [for residential tenants] and makes the landlord liable to you for actual costs plus $100 per day that it continues, and the police will back you on this one [Penal Code 484].
(2) The landlord CANNOT have the police or Sheriff arrest you for overstaying your welcome, instead of going to court. The Sheriff may be used to serve the eviction papers, but anything beyond that awaits the court's determination, first.
(3) The landlord CANNOT barge in and start doing major construction to make it impossible to live there, or otherwise interfere with your quiet enjoyment to force you out; Civil Code 1940.2 prohibits that, and makes the landlord liable for $2000 for each such attempt, in addition to your actual losses. The police will back you on this one, too [Penal Code 484].
(4) The landlord CANNOT threaten to report you to immigration authorities or other law enforcement, nor make any other threat to get you out. Civil Code 1940.2 prohibits that, and makes the landlord liable for $2000 for each such attempt, in addition to your actual losses. The police will back you on this one, as well [Penal Code 518].
--------------------------------------鈥?br>
UD Flow Chart
Here is the simplified flow chart for an eviction case, what the landlord expects as his %26quot;worst case scenario%26quot;:
This eviction contemplates that you only file an answer, and if you lose, that you simply get locked out without a fight. This eviction takes about a month from start to finish.
Here is the UD Flow Chart considering the many options and circumstances which you may face, and which you can create. It is not complete, because there are several additional circumstances that can arise which if included would make the chart even more confusing. If you start from the upper left corner and follow the arrows through the %26quot;S%26quot; pattern, until you get to TRIAL, where it forks into winning or losing, and forks again at the appeal. The triangles address trouble spots, where the eviction case might have already secretly been over, and you need to take immediate action to have your day in court. The %26quot;discovery%26quot; pattern at the right side happens simultaneously with the demurrer and answer stage, prior to trial. The approximate number of days before the given event is identified in red. You can see and download an Acrobat %26quot;pdf%26quot; version, which is clearer and prints nicely onto legal sized paper, by clicking here: [PDF] You can also view the full-sized version as a %26quot;jpg%26quot; file [JPG]
The eviction lawsuit exemplified in this flow chart could take 6 months or more to complete, and cost the landlord about $10,000-$20,000 to complete. In its simplest version, it can take 2-3 months, and cost you as little as $600 in attorney fees, assuming a typically improper service is challenged by a motion to quash, the defective complaint is challenged by a demurrer, and no jury trial is requested.
You can see this as your game board, where there are several ways to trip up your landlord, who isn't expecting anything like this amount of complication. Playing the game better than your landlord proves to be a humiliating experience for him. It also gives you the leverage you need to prepare for trial, get more time to look around and move out, or to negotiate a settlement when the humiliation becomes unbearable. After all, the idea of filing the eviction was to scare you out, and bully you. When you're taking your time, costing the landlord money, and laughing at him, with all the other tenants taking note, the landlord's plans for making quick work of you come to a screeching halt. The Big Bad Wolf can't win.
You should also know that if you cannot afford the filing fees, you can get the fee waiver application forms from the Court Clerk, and submit them in lieu of actual payment. When in doubt, do that, because it may be granted, it gives you more time, and it protects your case file from others viewing it.
--------------------------------------鈥?br>
Taking Action
Now that you have an idea of what is in store, you need to decide how you want to approach this. You have three options available, depending on your budget, need for time, and the complexity of your case.
1. Eviction Defense Kit [click]
If you are low on funds and cannot afford to hire a lawyer, at all, the Eviction Defense Kit on this site is your best option. The Kit explains all of your defenses, your strategy, how to fill out the forms, how to conduct discovery, how to prepare for trial, how to pick a judge, how to present yourself at trial, and what happens afterwards. It has the Answer form and form interrogatories, along with some organizational forms. Even if you also hire a lawyer, the Kit gives you details about the process which will put you at ease and help you work with the lawyer.
Pros: The Kit is only $20, and can be purchased online from this website. It comes back immediately as an Acrobat %26quot;pdf%26quot; attachment to an email, like a vending machine. You pull up the Kit on your computer and print out what you want, fill in the forms on your computer, and you have professional-looking, and properly prepared papers for your case.
Cons: The Kit does not include the motion to strike, demurrer, motion for relief from default, motion for automatic stay, appeal documents, other discovery devices, motions to compel, and other papers which a lawyer needs to prepare for you. Therefore, using the Kit will get you to trial in about 2-3 weeks, not 2-3 months. If time is a strong consideration, getting the Kit is probably not your best option.
2. Consultation and Drafting by Ken Carlson [Click]
You can either pay for Ken Carlson to (a) consult with you and draft papers for you in a piecemeal basis or (b) pay for complete case monitoring on an hourly basis. You begin with a phone consultation, after faxing the paperwork to him. He then evaluates whether a motion to quash or demurrer is your best choice for a first paper, and gives you an overall strategy and complete understanding of your defenses. If you choose the piecemeal basis, you pay him to prepare the paperwork at the set rates, and pay for each consultation at $100 per half-hour, and take responsibility for monitoring your own case, and when the next papers are due. If you choose the hourly basis, Ken also monitors the case and acts as your lawyer would, except that his name does not go on the paperwork. When it comes time to go to trial, Ken helps you find a trial lawyer to %26quot;substitute in%26quot; and appear on your behalf, just like the big law firms do it. Ken brings that lawyer up to speed.
Pros: This is the least expensive way to buy the most time. You have the benefit of Ken's expertise, both in the drafting of the paperwork and the strategy for your particular case. Buying time gives you breathing room to look around for another place, if you wish, as well as permits a more thorough discovery process to make you better prepared for trial. Often, the landlord's paperwork is riddled with flaws, which are not apparent even to the typical lawyer, but Ken often gets the judge to order the landlord to start over again, and perhaps even again after that. Since you are not paying for Ken to drive to and sit around in court, or haggle with the other lawyer over the phone, you get the essential benefit of having a lawyer without the wasteful parts of litigation. If you don't excessively use his time, you can often achieve the months of extra time at a small fraction of what your rent would have been, so that you can save up for a move while still affording his legal assistance. You save the costs of gas and parking coming to a law office, because everything done by is phone, fax, e-mail, and regular mail. For those who have video-conferencing through their computer, a virtual face-to-face consultation is available. For cases in the Los Angeles area where Ken used to practice, his personal relationships with many of the lawyers can help resolve things in an amicable fashion, or warn the landlord that this may be a hellish experience.
Cons: For some people, having the lawyer in a face-to-face meeting is important, and worth the extra money. Ken's consultations are all over the phone, and paperwork is exchanged by e-mail and fax, as well as regular mail, not in person. Ken cannot appear in court for you for two good reasons: (1) he is busy just handling the website and these types of cases, and (2) it is economically infeasible for Ken to travel all around the State in each courthouse where his client's cases are. The other lawyer talks to you, not Ken, so you may not know what to say, or how to handle things when caught off guard. For some of the minor hearings before trial, the other lawyer may take advantage of the fact that you don't know how to handle some of the technicalities, or exploit the judge's bias, and get a minor victory. Ken hands off the case to a local lawyer of your choice for purposes of trial, and there is some time spent bringing the new lawyer up to speed, to be ready to go to trial. Generally, this is not a problem, but the new lawyer may disagree with some of the legal points and strategy developed by Ken, or he/she may prefer to settle the case rather than go to trial.
3. Hiring a Local Lawyer [click]
The California Tenant Law website contains the most complete list of lawyers who will represent tenants in California. The list is arranged by geographic region, and then by city, with no particular order after that. Each listing has the name, address, and telephone number of the lawyer, and if they have it, their e-mail and website address. If there are restrictions by these lawyers on the type of case, it is shown. Many of them represent both landlords and tenants, as Ken did, but some only represent tenants. Since this website is NOT a lawyer referral service, there is NO recommendation made.
Pros: Having a lawyer handle the case from the beginning has the primary advantage of continuity, and a secondary benefit of the interpersonal contact. The lawyer has you in their office in a face-to-face meeting, which is more comfortable for some people than merely talking over the phone or through e-mails. You can watch the lawyer in action in other tenants' cases, and get a better idea of that lawyer's skill and ability. You can drive to the lawyer's office to pick up or drop off original papers and photos, rather than wait for the mail to deliver them, where timing is critical. When the other lawyer makes contact, he/she talks to your lawyer, not you. Therefore, you are less vulnerable to unfair manipulation in person or before the judge in those minor pre-trial hearings.
Cons: The main disadvantage of having a lawyer officially representing you is the cost. You are paying either a large flat fee or on an hourly basis for whatever they do for you. A small court hearing can easily cost you $500 between the travel time, parking fees, and waiting time in court, in addition to the document preparation and consultations with you. Also, telephone calls and letters from the other lawyer, or witnesses, or the Court are all billable time for your lawyer, even if they don't advance your case very much, and you could have handled it yourself. There is a lot of wasted time in the legal system which is unavoidable for your lawyer, who is responsible to handle all of it. You can't %26quot;help%26quot;. Also, the interpersonal relationship you begin with may disintegrate as your lawyer has the secretary or paralegal making contact with you, or the lawyer has phone consultations with you, anyway. If you come on an appointment, you may have to wait for the prior consultation to finish, or for the lawyer to get back from court where the hearing took longer than expected. Much of the work by the lawyer's office may be done by subordinate staff, rather than the lawyer, who may just glance over it and sign. The local lawyers may not have the expertise that someone like Ken does, so the quality of work may not be as good.
--------------------------------------鈥?br>
Other Considerations
Bankruptcy
You may have heard that a bankruptcy can stop the eviction, but it only delays the process. Federal Bankruptcy law automatically %26quot;stays%26quot; [stops] an eviction action. However, the over-use of bankruptcy to stall evictions has caused the Bankruptcy Courts to create a special process to quickly reinstate the eviction. Consequently, if you were to file a bankruptcy with the intent to delay the eviction, the stay could be %26quot;lifted%26quot; within as little as 2 weeks, and probably less than 4 weeks, and you're back where you were.
If you were planning to file a bankruptcy anyway, it MUST be filed before trial, not after you lose the trial. Before trial, the landlord has to go to the Bankruptcy Court to get permission to continue with the eviction, and then reset a new date fro the trial, all of which can easily take a month. A bankruptcy filed after you lose your case can reduce your payment of that judgment amount, but it DOES NOT NECESSARILY STOP THE LOCKOUT. There are technical circumstances and rules about that, which are beyond the scope of this website.
Tenant Blacklisting
One of the most insidious aspects of evictions comes from credit reporting services. If you do not win your case, or it is not dismissed within 60 days after your eviction action has been filed, these companies inspect the court records and write down the names of all defendants. When you go to apply for an apartment after that, the property management company checks the blacklist, and if your name is on it, your application will probably not be considered. For the rest of your life, whenever you try to rent an apartment, your name on that blacklist will stand in the way. Even if the person was named as a defendant by mistake, and the case against them is dismissed, that person's name stays on the %26quot;blacklist%26quot; forever.
If your case is dismissed or you win within the 60-day period, your case is %26quot;sealed%26quot; and the blacklisting companies cannot access it without a court order. It is also possible to get the judge to %26quot;seal%26quot; your case after the 60 days expires, such as where that condition is part of your settlement agreement. Judges are reluctant to do that, but there is no legal prohibition to such an order.
For more information on Tenant Blacklisting, click HERE.
Collection of the Judgment
By the Landlord:
Just because you get more time to move doesn't mean that you owe nothing to the landlord for the time you stayed. The Court can still award full rental value for the entire period of time you were in possession, unless you can settle the case for no rent or a lesser payment, or you filed a bankruptcy. Interest on the judgment continues to accrue at 10% per year - higher than the bank.
Although most landlords don't try to collect the rent, some never give up. Among the collection efforts readily available to the landlord are: attaching your bank account, garnishing your wages, and filing an %26quot;abstract of judgment%26quot; in the County Recorder's office. If you keep the same bank account, the landlord can just send the Sheriff/Marshal there with %26quot;levy%26quot; instructions, and the bank has to hand over the money. If the landlord knows where you work, the Sheriff/Marshal can come there with instructions for the employer to take out 1/4 of each paycheck for payment to the landlord. The Abstract of Judgment will show up in credit reports and when you try to buy or sell real property - the landlord has to get paid, plus the accrued interest and levying fees.
The point is that when you delay, and you get the time you want, it is best to settle your case, with the intent to give you the kind of closure you would like. You certainly don't want an old debt haunting you as you try to go on with life. There are ways around these problems, which your attorney can explain to you.
By You:
If you win the eviction case, the landlord has to at least reimburse you for your court filing fees. If the rental agreement or your defense permit attorney fees, you are entitled to an award of reasonable attorney fees as well, even if you don't have an official attorney [Mix v. Tumanjan], such as where Ken is helping you. This is a money judgment which you can collect in a number of ways, including sending the Sheriff to the landlord's bank and taking money from his account, having the Sheriff collect rents from your neighbors which the landlord would otherwise get, having the Sheriff take the landlord's car and selling it, or having the Sheriff put the rental property up for sale at an auction. Each of these requires you to advance the costs, and some are more expensive than others. However, when you collect, the Sheriff adds those extra costs on the judgment amount being collected, so your landlord pays for your collection efforts. You can also put a lien on all the landlord's property, so he can't sell or refinance it without you being paid, and interest at 10% per year does accrue on his judgment as well.
Of course, you CAN make an agreement to deduct the judgment from your rent, or the landlord can simply write you a check for the full amount. Landlords just HATE to do that, because it's like paying for the beating. They are, anyway, but that doesn't keep them from hating it. After all, paying you money after losing a fight that they started was not what they had planned, and it leaves an understandably bad taste in their mouth, maybe enough not to try it again. You never know.
--------------------------------------鈥?br>
Still have questions or need clarification? You can e-mail your questions, but keep it brief.
updated 1/8/07
The correct procedures how to kick someone out?
Make life living there a living hell then she will leave
check local codes in your area. Here in Texas you HAVE to give an eviction notice signed by a judge. But once you do that, the cops help you move her out....
The correct procedures how to kick someone out?
No.
The Eviction Process
Eviction is the means by which a landlord can legally get you to move out. If you win, you stay put. If you did nothing to stop it, you would lose but have about a month from the filing of the eviction lawsuit before you would be locked out by the Sheriff. If you fight it, getting 2-3 months more time [even if you lose] is easy. My record is 14 months, and it could have been longer. That landlord gave up over $10,000 in back rent just to have the tenant leave, so we settled for that.
As shown in the diagram below, eviction usually starts with a notice, then goes to a lawsuit called an %26quot;unlawful detainer%26quot;, or %26quot;UD%26quot; for short. If you win, you stay in possession and the landlord has to reimburse you for your legal costs. If you lose, the Sheriff has to give you a 5-day notice before a lockout, and finally you leave. You can go back and get your stuff after being locked out. While you're in this process, you pay no rent; you still owe it, but it stays in your pocket. You can use that money to pay for legal expenses to fight the eviction [thanks, Mr. Landlord!] and to pay for moving, if you choose to do that.
Landlords try to scare you into moving, and not fighting it, because they know how much hassle you can give them, and how expensive it can be to get you out. Here are the common myths:
(1) The landlord CANNOT lock you out, remove your property, remove doors or windows, or turn off utilities to get you out, in lieu of court; Civil Code 789.3 prohibits that [for residential tenants] and makes the landlord liable to you for actual costs plus $100 per day that it continues, and the police will back you on this one [Penal Code 484].
(2) The landlord CANNOT have the police or Sheriff arrest you for overstaying your welcome, instead of going to court. The Sheriff may be used to serve the eviction papers, but anything beyond that awaits the court's determination, first.
(3) The landlord CANNOT barge in and start doing major construction to make it impossible to live there, or otherwise interfere with your quiet enjoyment to force you out; Civil Code 1940.2 prohibits that, and makes the landlord liable for $2000 for each such attempt, in addition to your actual losses. The police will back you on this one, too [Penal Code 484].
(4) The landlord CANNOT threaten to report you to immigration authorities or other law enforcement, nor make any other threat to get you out. Civil Code 1940.2 prohibits that, and makes the landlord liable for $2000 for each such attempt, in addition to your actual losses. The police will back you on this one, as well [Penal Code 518].
--------------------------------------鈥?br>
UD Flow Chart
Here is the simplified flow chart for an eviction case, what the landlord expects as his %26quot;worst case scenario%26quot;:
This eviction contemplates that you only file an answer, and if you lose, that you simply get locked out without a fight. This eviction takes about a month from start to finish.
Here is the UD Flow Chart considering the many options and circumstances which you may face, and which you can create. It is not complete, because there are several additional circumstances that can arise which if included would make the chart even more confusing. If you start from the upper left corner and follow the arrows through the %26quot;S%26quot; pattern, until you get to TRIAL, where it forks into winning or losing, and forks again at the appeal. The triangles address trouble spots, where the eviction case might have already secretly been over, and you need to take immediate action to have your day in court. The %26quot;discovery%26quot; pattern at the right side happens simultaneously with the demurrer and answer stage, prior to trial. The approximate number of days before the given event is identified in red. You can see and download an Acrobat %26quot;pdf%26quot; version, which is clearer and prints nicely onto legal sized paper, by clicking here: [PDF] You can also view the full-sized version as a %26quot;jpg%26quot; file [JPG]
The eviction lawsuit exemplified in this flow chart could take 6 months or more to complete, and cost the landlord about $10,000-$20,000 to complete. In its simplest version, it can take 2-3 months, and cost you as little as $600 in attorney fees, assuming a typically improper service is challenged by a motion to quash, the defective complaint is challenged by a demurrer, and no jury trial is requested.
You can see this as your game board, where there are several ways to trip up your landlord, who isn't expecting anything like this amount of complication. Playing the game better than your landlord proves to be a humiliating experience for him. It also gives you the leverage you need to prepare for trial, get more time to look around and move out, or to negotiate a settlement when the humiliation becomes unbearable. After all, the idea of filing the eviction was to scare you out, and bully you. When you're taking your time, costing the landlord money, and laughing at him, with all the other tenants taking note, the landlord's plans for making quick work of you come to a screeching halt. The Big Bad Wolf can't win.
You should also know that if you cannot afford the filing fees, you can get the fee waiver application forms from the Court Clerk, and submit them in lieu of actual payment. When in doubt, do that, because it may be granted, it gives you more time, and it protects your case file from others viewing it.
--------------------------------------鈥?br>
Taking Action
Now that you have an idea of what is in store, you need to decide how you want to approach this. You have three options available, depending on your budget, need for time, and the complexity of your case.
1. Eviction Defense Kit [click]
If you are low on funds and cannot afford to hire a lawyer, at all, the Eviction Defense Kit on this site is your best option. The Kit explains all of your defenses, your strategy, how to fill out the forms, how to conduct discovery, how to prepare for trial, how to pick a judge, how to present yourself at trial, and what happens afterwards. It has the Answer form and form interrogatories, along with some organizational forms. Even if you also hire a lawyer, the Kit gives you details about the process which will put you at ease and help you work with the lawyer.
Pros: The Kit is only $20, and can be purchased online from this website. It comes back immediately as an Acrobat %26quot;pdf%26quot; attachment to an email, like a vending machine. You pull up the Kit on your computer and print out what you want, fill in the forms on your computer, and you have professional-looking, and properly prepared papers for your case.
Cons: The Kit does not include the motion to strike, demurrer, motion for relief from default, motion for automatic stay, appeal documents, other discovery devices, motions to compel, and other papers which a lawyer needs to prepare for you. Therefore, using the Kit will get you to trial in about 2-3 weeks, not 2-3 months. If time is a strong consideration, getting the Kit is probably not your best option.
2. Consultation and Drafting by Ken Carlson [Click]
You can either pay for Ken Carlson to (a) consult with you and draft papers for you in a piecemeal basis or (b) pay for complete case monitoring on an hourly basis. You begin with a phone consultation, after faxing the paperwork to him. He then evaluates whether a motion to quash or demurrer is your best choice for a first paper, and gives you an overall strategy and complete understanding of your defenses. If you choose the piecemeal basis, you pay him to prepare the paperwork at the set rates, and pay for each consultation at $100 per half-hour, and take responsibility for monitoring your own case, and when the next papers are due. If you choose the hourly basis, Ken also monitors the case and acts as your lawyer would, except that his name does not go on the paperwork. When it comes time to go to trial, Ken helps you find a trial lawyer to %26quot;substitute in%26quot; and appear on your behalf, just like the big law firms do it. Ken brings that lawyer up to speed.
Pros: This is the least expensive way to buy the most time. You have the benefit of Ken's expertise, both in the drafting of the paperwork and the strategy for your particular case. Buying time gives you breathing room to look around for another place, if you wish, as well as permits a more thorough discovery process to make you better prepared for trial. Often, the landlord's paperwork is riddled with flaws, which are not apparent even to the typical lawyer, but Ken often gets the judge to order the landlord to start over again, and perhaps even again after that. Since you are not paying for Ken to drive to and sit around in court, or haggle with the other lawyer over the phone, you get the essential benefit of having a lawyer without the wasteful parts of litigation. If you don't excessively use his time, you can often achieve the months of extra time at a small fraction of what your rent would have been, so that you can save up for a move while still affording his legal assistance. You save the costs of gas and parking coming to a law office, because everything done by is phone, fax, e-mail, and regular mail. For those who have video-conferencing through their computer, a virtual face-to-face consultation is available. For cases in the Los Angeles area where Ken used to practice, his personal relationships with many of the lawyers can help resolve things in an amicable fashion, or warn the landlord that this may be a hellish experience.
Cons: For some people, having the lawyer in a face-to-face meeting is important, and worth the extra money. Ken's consultations are all over the phone, and paperwork is exchanged by e-mail and fax, as well as regular mail, not in person. Ken cannot appear in court for you for two good reasons: (1) he is busy just handling the website and these types of cases, and (2) it is economically infeasible for Ken to travel all around the State in each courthouse where his client's cases are. The other lawyer talks to you, not Ken, so you may not know what to say, or how to handle things when caught off guard. For some of the minor hearings before trial, the other lawyer may take advantage of the fact that you don't know how to handle some of the technicalities, or exploit the judge's bias, and get a minor victory. Ken hands off the case to a local lawyer of your choice for purposes of trial, and there is some time spent bringing the new lawyer up to speed, to be ready to go to trial. Generally, this is not a problem, but the new lawyer may disagree with some of the legal points and strategy developed by Ken, or he/she may prefer to settle the case rather than go to trial.
3. Hiring a Local Lawyer [click]
The California Tenant Law website contains the most complete list of lawyers who will represent tenants in California. The list is arranged by geographic region, and then by city, with no particular order after that. Each listing has the name, address, and telephone number of the lawyer, and if they have it, their e-mail and website address. If there are restrictions by these lawyers on the type of case, it is shown. Many of them represent both landlords and tenants, as Ken did, but some only represent tenants. Since this website is NOT a lawyer referral service, there is NO recommendation made.
Pros: Having a lawyer handle the case from the beginning has the primary advantage of continuity, and a secondary benefit of the interpersonal contact. The lawyer has you in their office in a face-to-face meeting, which is more comfortable for some people than merely talking over the phone or through e-mails. You can watch the lawyer in action in other tenants' cases, and get a better idea of that lawyer's skill and ability. You can drive to the lawyer's office to pick up or drop off original papers and photos, rather than wait for the mail to deliver them, where timing is critical. When the other lawyer makes contact, he/she talks to your lawyer, not you. Therefore, you are less vulnerable to unfair manipulation in person or before the judge in those minor pre-trial hearings.
Cons: The main disadvantage of having a lawyer officially representing you is the cost. You are paying either a large flat fee or on an hourly basis for whatever they do for you. A small court hearing can easily cost you $500 between the travel time, parking fees, and waiting time in court, in addition to the document preparation and consultations with you. Also, telephone calls and letters from the other lawyer, or witnesses, or the Court are all billable time for your lawyer, even if they don't advance your case very much, and you could have handled it yourself. There is a lot of wasted time in the legal system which is unavoidable for your lawyer, who is responsible to handle all of it. You can't %26quot;help%26quot;. Also, the interpersonal relationship you begin with may disintegrate as your lawyer has the secretary or paralegal making contact with you, or the lawyer has phone consultations with you, anyway. If you come on an appointment, you may have to wait for the prior consultation to finish, or for the lawyer to get back from court where the hearing took longer than expected. Much of the work by the lawyer's office may be done by subordinate staff, rather than the lawyer, who may just glance over it and sign. The local lawyers may not have the expertise that someone like Ken does, so the quality of work may not be as good.
--------------------------------------鈥?br>
Other Considerations
Bankruptcy
You may have heard that a bankruptcy can stop the eviction, but it only delays the process. Federal Bankruptcy law automatically %26quot;stays%26quot; [stops] an eviction action. However, the over-use of bankruptcy to stall evictions has caused the Bankruptcy Courts to create a special process to quickly reinstate the eviction. Consequently, if you were to file a bankruptcy with the intent to delay the eviction, the stay could be %26quot;lifted%26quot; within as little as 2 weeks, and probably less than 4 weeks, and you're back where you were.
If you were planning to file a bankruptcy anyway, it MUST be filed before trial, not after you lose the trial. Before trial, the landlord has to go to the Bankruptcy Court to get permission to continue with the eviction, and then reset a new date fro the trial, all of which can easily take a month. A bankruptcy filed after you lose your case can reduce your payment of that judgment amount, but it DOES NOT NECESSARILY STOP THE LOCKOUT. There are technical circumstances and rules about that, which are beyond the scope of this website.
Tenant Blacklisting
One of the most insidious aspects of evictions comes from credit reporting services. If you do not win your case, or it is not dismissed within 60 days after your eviction action has been filed, these companies inspect the court records and write down the names of all defendants. When you go to apply for an apartment after that, the property management company checks the blacklist, and if your name is on it, your application will probably not be considered. For the rest of your life, whenever you try to rent an apartment, your name on that blacklist will stand in the way. Even if the person was named as a defendant by mistake, and the case against them is dismissed, that person's name stays on the %26quot;blacklist%26quot; forever.
If your case is dismissed or you win within the 60-day period, your case is %26quot;sealed%26quot; and the blacklisting companies cannot access it without a court order. It is also possible to get the judge to %26quot;seal%26quot; your case after the 60 days expires, such as where that condition is part of your settlement agreement. Judges are reluctant to do that, but there is no legal prohibition to such an order.
For more information on Tenant Blacklisting, click HERE.
Collection of the Judgment
By the Landlord:
Just because you get more time to move doesn't mean that you owe nothing to the landlord for the time you stayed. The Court can still award full rental value for the entire period of time you were in possession, unless you can settle the case for no rent or a lesser payment, or you filed a bankruptcy. Interest on the judgment continues to accrue at 10% per year - higher than the bank.
Although most landlords don't try to collect the rent, some never give up. Among the collection efforts readily available to the landlord are: attaching your bank account, garnishing your wages, and filing an %26quot;abstract of judgment%26quot; in the County Recorder's office. If you keep the same bank account, the landlord can just send the Sheriff/Marshal there with %26quot;levy%26quot; instructions, and the bank has to hand over the money. If the landlord knows where you work, the Sheriff/Marshal can come there with instructions for the employer to take out 1/4 of each paycheck for payment to the landlord. The Abstract of Judgment will show up in credit reports and when you try to buy or sell real property - the landlord has to get paid, plus the accrued interest and levying fees.
The point is that when you delay, and you get the time you want, it is best to settle your case, with the intent to give you the kind of closure you would like. You certainly don't want an old debt haunting you as you try to go on with life. There are ways around these problems, which your attorney can explain to you.
By You:
If you win the eviction case, the landlord has to at least reimburse you for your court filing fees. If the rental agreement or your defense permit attorney fees, you are entitled to an award of reasonable attorney fees as well, even if you don't have an official attorney [Mix v. Tumanjan], such as where Ken is helping you. This is a money judgment which you can collect in a number of ways, including sending the Sheriff to the landlord's bank and taking money from his account, having the Sheriff collect rents from your neighbors which the landlord would otherwise get, having the Sheriff take the landlord's car and selling it, or having the Sheriff put the rental property up for sale at an auction. Each of these requires you to advance the costs, and some are more expensive than others. However, when you collect, the Sheriff adds those extra costs on the judgment amount being collected, so your landlord pays for your collection efforts. You can also put a lien on all the landlord's property, so he can't sell or refinance it without you being paid, and interest at 10% per year does accrue on his judgment as well.
Of course, you CAN make an agreement to deduct the judgment from your rent, or the landlord can simply write you a check for the full amount. Landlords just HATE to do that, because it's like paying for the beating. They are, anyway, but that doesn't keep them from hating it. After all, paying you money after losing a fight that they started was not what they had planned, and it leaves an understandably bad taste in their mouth, maybe enough not to try it again. You never know.
--------------------------------------鈥?br>
Still have questions or need clarification? You can e-mail your questions, but keep it brief.
updated 1/8/07
The correct procedures how to kick someone out?
Make life living there a living hell then she will leave
check local codes in your area. Here in Texas you HAVE to give an eviction notice signed by a judge. But once you do that, the cops help you move her out....
How do I go about getting rid of a "squatter"?
Long story short...boyfriend of 6 years lives w/ me and we have two kids together...has screwed me over so many times...I want him to leave but he won't. We rent and the lease is in my name only. I tried to get my landlord to do an eviction on him, he said he would but then didn't. B/f hasn't hurt me so there's no reason for the police to remove him or for me to get a restraining order to keep him away. How can I get this jerk out of my house and my life?
P.S. I have seen enough Judge Judy to know that if I throw his things out I might have to cover damage costs to them. Also I don't think it's legal for me to just change the locks...I live in Michigan and don't know what the laws are here...any ideas???
How do I go about getting rid of a %26quot;squatter%26quot;?
You do not need the landlord to evict your B/F. The apartment is your property (not currently the property owners) as long as you are paying the rent on time. Since you are the only name on the lease, you are the only person with a %26quot;right%26quot; to live there. Anyone else is your guest. Give him written %26quot;notice%26quot; to vacate (if you want to be safe make it 30 days and the court will not think you are being a jerk if it gets that far).
Then have the locks changed after the 30 day mark, and do not let him back in to YOUR apartment. I would not suggest charging him rent, because that may violate your rental contract you signed regarding subleasing (prohibition against subleasing is in most rental contracts). If you do decide to change the locks make sure you do so with the landlord approval and give him/her the new master key. They may have a preference as to the type of lock and or quality of lock to be used (remmeber it will revert to their cortrol after your lease is complete. Changing the locks could be considered waste on the property (like making holes in the walls), and you could be forced to change the locks again if they are not considered good enough by the landlord.
Do not throw his things on to the street. It makes you look vengeful to the court. Hold his stuff until he picks it up. If you need to rent a storage space (often you can get the first month quite cheap) and charge him for it to retrieve his things. If you need to have law enforcement involved. Always remember, you have the legal right to be in the apartment, your B/F is simply your guest that has over stayed his welcome. Do not be vengeful it only makes you look like the villain. Be civil and professional and law enforcement will like you as will the judge if it has to get that far.
I do not know about Michigan in specific, I am going on CA law and my knowledge of how landlord tenant law works through law school, but Michigan may vary. You may have a city or county agency that aids people with landlord tenant issues. Look them up in your local area. They can give you specific information regarding your particular situation and help you (most likely free) in getting your apartment back.
Just remember that making these changes to your living relationship will likely spill over in to your everyday life. Most people do not like being evicted from where they live. Be prepared for some uncomfortable times with you B/F. Most people don't take this well, especially when romance in involved. Start separating your things now. . .
How do I go about getting rid of a %26quot;squatter%26quot;?
Give him a notice to pay rent or quit. Charge him $1000 per month. If he doesn't pay up, get an eviction notice, and have him served. Give him three days.
=
have you considered finding another place, and move without him
Have Bible study It's easier to start with the new testament because Christ is so compassionate...This is not an attempt to convert him but an attempt to make him responsible for something. If he doesn't do as you ask or cooperate then you have the ability and authority to evict him by police involvement
if the tenancy is in your name - then you as the head tenant have the right to tell him to leave, you can ask the landlord if you may change the locks then do that and place your partners belgongings outside, if he gets irate phone the police and if he is raising is voice that is sifficient for a charge of assault - as long as you fear an immediate danger from him.
In addition to the above answers, is he paying for anything? What about the food? If he's not working and you buy the food, tell him it's yours and he can't eat it? If he does, call the police and press charges for burglary.
P.S. I have seen enough Judge Judy to know that if I throw his things out I might have to cover damage costs to them. Also I don't think it's legal for me to just change the locks...I live in Michigan and don't know what the laws are here...any ideas???
How do I go about getting rid of a %26quot;squatter%26quot;?
You do not need the landlord to evict your B/F. The apartment is your property (not currently the property owners) as long as you are paying the rent on time. Since you are the only name on the lease, you are the only person with a %26quot;right%26quot; to live there. Anyone else is your guest. Give him written %26quot;notice%26quot; to vacate (if you want to be safe make it 30 days and the court will not think you are being a jerk if it gets that far).
Then have the locks changed after the 30 day mark, and do not let him back in to YOUR apartment. I would not suggest charging him rent, because that may violate your rental contract you signed regarding subleasing (prohibition against subleasing is in most rental contracts). If you do decide to change the locks make sure you do so with the landlord approval and give him/her the new master key. They may have a preference as to the type of lock and or quality of lock to be used (remmeber it will revert to their cortrol after your lease is complete. Changing the locks could be considered waste on the property (like making holes in the walls), and you could be forced to change the locks again if they are not considered good enough by the landlord.
Do not throw his things on to the street. It makes you look vengeful to the court. Hold his stuff until he picks it up. If you need to rent a storage space (often you can get the first month quite cheap) and charge him for it to retrieve his things. If you need to have law enforcement involved. Always remember, you have the legal right to be in the apartment, your B/F is simply your guest that has over stayed his welcome. Do not be vengeful it only makes you look like the villain. Be civil and professional and law enforcement will like you as will the judge if it has to get that far.
I do not know about Michigan in specific, I am going on CA law and my knowledge of how landlord tenant law works through law school, but Michigan may vary. You may have a city or county agency that aids people with landlord tenant issues. Look them up in your local area. They can give you specific information regarding your particular situation and help you (most likely free) in getting your apartment back.
Just remember that making these changes to your living relationship will likely spill over in to your everyday life. Most people do not like being evicted from where they live. Be prepared for some uncomfortable times with you B/F. Most people don't take this well, especially when romance in involved. Start separating your things now. . .
How do I go about getting rid of a %26quot;squatter%26quot;?
Give him a notice to pay rent or quit. Charge him $1000 per month. If he doesn't pay up, get an eviction notice, and have him served. Give him three days.
=
have you considered finding another place, and move without him
Have Bible study It's easier to start with the new testament because Christ is so compassionate...This is not an attempt to convert him but an attempt to make him responsible for something. If he doesn't do as you ask or cooperate then you have the ability and authority to evict him by police involvement
if the tenancy is in your name - then you as the head tenant have the right to tell him to leave, you can ask the landlord if you may change the locks then do that and place your partners belgongings outside, if he gets irate phone the police and if he is raising is voice that is sifficient for a charge of assault - as long as you fear an immediate danger from him.
In addition to the above answers, is he paying for anything? What about the food? If he's not working and you buy the food, tell him it's yours and he can't eat it? If he does, call the police and press charges for burglary.
How much would it cost to change the lock cylinder on a 95 bmw 325i???
in la
How much would it cost to change the lock cylinder on a 95 bmw 325i???
realoem.com
That is an online parts catalog with prices.
check it out.. If you did it yourself it would cost thereabouts what that website shows for parts.
Order the parts from your local dealer or call bma parts out of California and order them all by part #.columnheader fear of solo traveling
How much would it cost to change the lock cylinder on a 95 bmw 325i???
realoem.com
That is an online parts catalog with prices.
check it out.. If you did it yourself it would cost thereabouts what that website shows for parts.
Order the parts from your local dealer or call bma parts out of California and order them all by part #.
Home improvement and recycling - what's the best way to get rid of replaced items?
Recently, I just replaced the door handles and locks on our house. The locks were still in great condition, but since we recently bought the house, it was necessary to change the locks. Although I no longer have use for the locks, I don't want to simply throw them in the trash, given that together they are several pounds of good metal. And as I do more home improvements in the future, I imagine I'll be replacing a fair amount of items that are obsolete yet contain good material. But as far as I know, the weekly recycling bin is just for aluminum cans, newspaper, glass bottles, etc., not for doorknobs and that sort of thing. How can I get rid of this sort of stuff so that it can be recycled somehow rather than just thrown into a landfill?
Home improvement and recycling - what's the best way to get rid of replaced items?
Some cities (I know mine does) have home restoration warehouses that take donations of old materials for people to buy at a low cost. It helps people on low incomes and bargain hunters. Ours is called %26quot;Restore York%26quot;. Check your phone book or online for something similar. A big box store such as Home Depot or Lowes may be able to answer the question or offer a recycling service of their own. Hope that helps!
Home improvement and recycling - what's the best way to get rid of replaced items?
http://www.freecycle.org
Start there and find your nearest group. Someone will make use of them.
I don't know where you live but try calling 1-800-GOT-JUNK...They come and take your junk and they recycle up to 60% of what they collect.
SELL THEM.
U'LL MAKE MONEY AS WELL AS GET RID OF THEM.
all the above are good ideas but I might add you might want to call habitat for humanity. They take used materials and put them in the houses they build. The only thing that I know for sure that they don't take is older toilets because they install low flow toilets in their houses.
You can find salvage yards almost anywhere in the US the specialize in collecting and selling metal of all types. Depending on the different types of metal you bring in they will pay you per pound and they then resell the metal to foundries, etc that will recycle the metal into something else. I know that I've been rnovating my house here in PA and I've taken a bunch of different materials (brass door plates, copper pipe, etc) and you can make a pretty good chunk of change dependingo n how much you have. Just recently I took 16 pounds of copper pipe that I replaced in my bathroom and got $2.50 a pound for it; some brass at $1.60 per poundand scrap steel/iron at only $.0475 per pound. It isn't much, but it adds up after you get a bit collected. These are also the types of places that collect and crush old cars, etc. If the items still have some value I would put them up on Ebay. You'd be surprised what some folks will buy, especially older (antique) door knobs, handles, hardware, etc.
Habitat for Humanity runs a secondhand store just for used or leftover home improvement materials such as the door knobs and locks that you mentioned. Maybe there is one near you? The locations are listed on the website listed in the sources.
Some items, like your locks could be sold online with eBay or some other auction house. There is an online resource for people who give away items that they don't want. {I'm having a hard time trying to find that link now, but will post it once found.}
If you live in a large enough city and your items are unique enough you could find a salvage yard that wants to pay you for your stuff. Sometimes the salvage yard will simply pick your stuff up for free and make the money back for their time by selling it cheap. Check in your phone book under salvage.
And lastly, find out if there's a scrap metal dealer in you area. Use the phone book or a search engine. They'll buy your metal, melt it down and sell it again.
Take them to a locksmith and ask if he can use them for spare parts.
If you look in the yellow pages you should have some kind of metal scrap yard in your town.
use you loal yellow pages and find a local metal scrap yard someone will find a use for them
Go to freecycle.org and see if they are in your area. If not, start up a program in your area. Or, take the used, but still working items to a Goodwill store. Or, you can donate them to the Salvation Army or other, similar organizations.
Donate the used but still useable items to a thrift store, or have a yard sale and turn them into cash. This way the locks will be reused, and you will have offered someone an inexpensive option to buying new locks.
Home improvement and recycling - what's the best way to get rid of replaced items?
Some cities (I know mine does) have home restoration warehouses that take donations of old materials for people to buy at a low cost. It helps people on low incomes and bargain hunters. Ours is called %26quot;Restore York%26quot;. Check your phone book or online for something similar. A big box store such as Home Depot or Lowes may be able to answer the question or offer a recycling service of their own. Hope that helps!
Home improvement and recycling - what's the best way to get rid of replaced items?
http://www.freecycle.org
Start there and find your nearest group. Someone will make use of them.
I don't know where you live but try calling 1-800-GOT-JUNK...They come and take your junk and they recycle up to 60% of what they collect.
SELL THEM.
U'LL MAKE MONEY AS WELL AS GET RID OF THEM.
all the above are good ideas but I might add you might want to call habitat for humanity. They take used materials and put them in the houses they build. The only thing that I know for sure that they don't take is older toilets because they install low flow toilets in their houses.
You can find salvage yards almost anywhere in the US the specialize in collecting and selling metal of all types. Depending on the different types of metal you bring in they will pay you per pound and they then resell the metal to foundries, etc that will recycle the metal into something else. I know that I've been rnovating my house here in PA and I've taken a bunch of different materials (brass door plates, copper pipe, etc) and you can make a pretty good chunk of change dependingo n how much you have. Just recently I took 16 pounds of copper pipe that I replaced in my bathroom and got $2.50 a pound for it; some brass at $1.60 per poundand scrap steel/iron at only $.0475 per pound. It isn't much, but it adds up after you get a bit collected. These are also the types of places that collect and crush old cars, etc. If the items still have some value I would put them up on Ebay. You'd be surprised what some folks will buy, especially older (antique) door knobs, handles, hardware, etc.
Habitat for Humanity runs a secondhand store just for used or leftover home improvement materials such as the door knobs and locks that you mentioned. Maybe there is one near you? The locations are listed on the website listed in the sources.
Some items, like your locks could be sold online with eBay or some other auction house. There is an online resource for people who give away items that they don't want. {I'm having a hard time trying to find that link now, but will post it once found.}
If you live in a large enough city and your items are unique enough you could find a salvage yard that wants to pay you for your stuff. Sometimes the salvage yard will simply pick your stuff up for free and make the money back for their time by selling it cheap. Check in your phone book under salvage.
And lastly, find out if there's a scrap metal dealer in you area. Use the phone book or a search engine. They'll buy your metal, melt it down and sell it again.
Take them to a locksmith and ask if he can use them for spare parts.
If you look in the yellow pages you should have some kind of metal scrap yard in your town.
use you loal yellow pages and find a local metal scrap yard someone will find a use for them
Go to freecycle.org and see if they are in your area. If not, start up a program in your area. Or, take the used, but still working items to a Goodwill store. Or, you can donate them to the Salvation Army or other, similar organizations.
Donate the used but still useable items to a thrift store, or have a yard sale and turn them into cash. This way the locks will be reused, and you will have offered someone an inexpensive option to buying new locks.
How do I evict my roomates who didnt sign a rental doc?
I let ..invited even, 2 girlfriends to move into my house with me. I own it, they are not on any utilities, lease, anything. We agreed it wasn't working out and they would leave, but one of them is still there and refuses to talk to me. I have no idea if she is looking or leaving or what....she sneaks in and out and wont answer my calls. Can I give her a 72 hr notice? Can I just have the locks changed? any help is appreciated. Thanks!
How do I evict my roomates who didnt sign a rental doc?
you cant legally kick people out, even if they are not on any lease or utility bill. I dont know where you live but in california verbal contracts are legal.......the best way to clear the mess is to make a lease... usually 6 months or a year is standard.. but make one for one month or two... have her sign it.. wait it out for a month or 2 when her lease expires then you will have a signed legal contract, then you cant give her the boot.
How do I evict my roomates who didnt sign a rental doc?
Since there wasn't any written agreement and that you own the house, you have every rights to ask her to leave. No notice is required. Alternatively, change the locks and removed all her personal belongings and leave them outside the house where she can easily picked them up. You need to ensure that her personal belongings are safe until she picks them up because it's still your responsibility, they were placed and last seen in your house.
If there is no written lease involved it could be considered an oral lease. You invited her to live there. State laws vary but normally you must give notice 30 or 60 days that you want her to vacate the premises. This must be done in front of a witness and/or certified mail. If she still does not move out you will have to see a judge, with your witness and or signed document that she received the notice of eviction. The judge should give her so many days to move out. If she still does not leave the sheriff's department can be contacted and they will escort her off the premises.
This is bad and I feel your pain. This sounds like you are a hostage in your own house! Plan A: Put all her stuff at the curb and her along with it and change your locks pronto! Plan B: Rent a cheap hotel room for one night and put her and her belongings there and walk away. Change the locks. Plan C: When she leaves for the day put all of her things in boxes near the exit of your driveway. Change the locks. If she comes back yelling, call the police. Swift but firm action is a must for this squatter. For your sake don't let it go on any longer! Good luck.
Hi,
obviously, you can (and have) ask them to leave your home. The 'rental contract' part is immaterial. The problems arise if one, or both, of them refuse...
...'gijoejoe' suggests that verbal contracts are legally binding in California and he is right. However, you say that there was a second 'verbal contract' when they agreed to leave because things were not working out.
Give her a written notice (pin it to her door if necessary) to leave, choosing whatever time frame you think suitable and warn her that if she is not out by that date and time you will have her things removed from the house and she will be refused further admission.
Remember (as another answerer has stated) that you are responsible for the saftey and security of her items, but, once the notice has expired the responsibility falls back on her.
Changing the locks may be a good idea, but remember that ill-feeling can escalate if you act in a very 'high-handed' fashion. I would allow her a reasonable time to remove her belongings from the house before putting them outside the door, though getting herself out could certainly be achieved in 72 hours if that is what you wish.
Keep copies of everything you have written to her (in case of legal action) and put EVERYTHING in writing.
Best of luck.
BobSpain
if your house is her address and you invited her to stay you are stuck with her..Talk to a lawyer.
But you might try putting her stuff outside and changing the locks.
If she goes to the police a judge may grant she can stay at your home but you have to leave if you two cannot get along.
I think there are several good answers here, and I think BobSpain hit it out of the park.
I just wanted to say that, here in Florida, this situation would call for a %26quot;Notice of Ejectment,%26quot; which is very similar to an eviction here.
How do I evict my roomates who didnt sign a rental doc?
you cant legally kick people out, even if they are not on any lease or utility bill. I dont know where you live but in california verbal contracts are legal.......the best way to clear the mess is to make a lease... usually 6 months or a year is standard.. but make one for one month or two... have her sign it.. wait it out for a month or 2 when her lease expires then you will have a signed legal contract, then you cant give her the boot.
How do I evict my roomates who didnt sign a rental doc?
Since there wasn't any written agreement and that you own the house, you have every rights to ask her to leave. No notice is required. Alternatively, change the locks and removed all her personal belongings and leave them outside the house where she can easily picked them up. You need to ensure that her personal belongings are safe until she picks them up because it's still your responsibility, they were placed and last seen in your house.
If there is no written lease involved it could be considered an oral lease. You invited her to live there. State laws vary but normally you must give notice 30 or 60 days that you want her to vacate the premises. This must be done in front of a witness and/or certified mail. If she still does not move out you will have to see a judge, with your witness and or signed document that she received the notice of eviction. The judge should give her so many days to move out. If she still does not leave the sheriff's department can be contacted and they will escort her off the premises.
This is bad and I feel your pain. This sounds like you are a hostage in your own house! Plan A: Put all her stuff at the curb and her along with it and change your locks pronto! Plan B: Rent a cheap hotel room for one night and put her and her belongings there and walk away. Change the locks. Plan C: When she leaves for the day put all of her things in boxes near the exit of your driveway. Change the locks. If she comes back yelling, call the police. Swift but firm action is a must for this squatter. For your sake don't let it go on any longer! Good luck.
Hi,
obviously, you can (and have) ask them to leave your home. The 'rental contract' part is immaterial. The problems arise if one, or both, of them refuse...
...'gijoejoe' suggests that verbal contracts are legally binding in California and he is right. However, you say that there was a second 'verbal contract' when they agreed to leave because things were not working out.
Give her a written notice (pin it to her door if necessary) to leave, choosing whatever time frame you think suitable and warn her that if she is not out by that date and time you will have her things removed from the house and she will be refused further admission.
Remember (as another answerer has stated) that you are responsible for the saftey and security of her items, but, once the notice has expired the responsibility falls back on her.
Changing the locks may be a good idea, but remember that ill-feeling can escalate if you act in a very 'high-handed' fashion. I would allow her a reasonable time to remove her belongings from the house before putting them outside the door, though getting herself out could certainly be achieved in 72 hours if that is what you wish.
Keep copies of everything you have written to her (in case of legal action) and put EVERYTHING in writing.
Best of luck.
BobSpain
if your house is her address and you invited her to stay you are stuck with her..Talk to a lawyer.
But you might try putting her stuff outside and changing the locks.
If she goes to the police a judge may grant she can stay at your home but you have to leave if you two cannot get along.
I think there are several good answers here, and I think BobSpain hit it out of the park.
I just wanted to say that, here in Florida, this situation would call for a %26quot;Notice of Ejectment,%26quot; which is very similar to an eviction here.
I would like to know if a person can reside in an industrail area, such as a warehouse?
I share a warehouse with three other businesses a sprinkler system installer, I have a Massage business and on the end stuidoes for bands to pratice in. I am refereing to the people that live in the band stuideo. For the past 6 months these people have been coming in through the ceiling, walls, and any which way they can to use my shower, rooms, t.v., computer and so on. I had the landlorde replace the celing. Ive had locks changed many times and even had a security system installed. as soon as the police arrive they are gone, well they do live next door! Cameras haven't helped any, they jam them some how. So now they need to move! I don't belive it's leagle
I would like to know if a person can reside in an industrail area, such as a warehouse?
The issue of use lies in the zoning code that defines the uses of the particular zoning given to the property.
Most zoning codes do have mixed use in their commercial zoning in where you can use the property for both commercial use and residential use, however; these uses are permitted only after proper application to the land use department of the municipality that enforces such codes. To simply move in and start doing whatever it is you want to do is not allowed without the proper permits. Therefore I would suggest you contact your land use code enforcement department and determine first what the allowed uses are and if proper permits have been received by all users in the building.
As to the actions of one of the parties regarding entering your rental premises without your permission; this is against the law and could be considered criminal in nature, I would suggest you contact the landlord and file a complaint and if nothing happens then contact the police and file a breaking and entering criminal report. At some point you might want to contact a local legal beagle to give you legal advice.
I wish you the best
I would like to know if a person can reside in an industrail area, such as a warehouse?
It's not legal. it's likely zoned for commercial, not residential.
If they are coming in through the building, into your private business, it is breaking and entering. This is your private business space, and since you pay rent, it is considered your private property. The police need to stake the place out and watch what these people are doing. If you can not get the police to do this, then I suggest that you take a camera, or a video camera, stake the place out yourself, and get pictures of them in the act. Please!!! BE CAREFUL!! these people could be dangerous, they could be on drugs or have weapons. DO NOT enter the building to get these pictures! If you are not comfortable with this hire a private detective. They are trained to get evidence without getting hurt. Once you have the pictures or video, take it to the police. They have no choice but to act. I would also notify the owner of the studio about what has been going on. I would not tell him of your intentions to get evidence against these people, for all you know he is in on it with them. Hope this helps!
I would like to know if a person can reside in an industrail area, such as a warehouse?
The issue of use lies in the zoning code that defines the uses of the particular zoning given to the property.
Most zoning codes do have mixed use in their commercial zoning in where you can use the property for both commercial use and residential use, however; these uses are permitted only after proper application to the land use department of the municipality that enforces such codes. To simply move in and start doing whatever it is you want to do is not allowed without the proper permits. Therefore I would suggest you contact your land use code enforcement department and determine first what the allowed uses are and if proper permits have been received by all users in the building.
As to the actions of one of the parties regarding entering your rental premises without your permission; this is against the law and could be considered criminal in nature, I would suggest you contact the landlord and file a complaint and if nothing happens then contact the police and file a breaking and entering criminal report. At some point you might want to contact a local legal beagle to give you legal advice.
I wish you the best
I would like to know if a person can reside in an industrail area, such as a warehouse?
It's not legal. it's likely zoned for commercial, not residential.
If they are coming in through the building, into your private business, it is breaking and entering. This is your private business space, and since you pay rent, it is considered your private property. The police need to stake the place out and watch what these people are doing. If you can not get the police to do this, then I suggest that you take a camera, or a video camera, stake the place out yourself, and get pictures of them in the act. Please!!! BE CAREFUL!! these people could be dangerous, they could be on drugs or have weapons. DO NOT enter the building to get these pictures! If you are not comfortable with this hire a private detective. They are trained to get evidence without getting hurt. Once you have the pictures or video, take it to the police. They have no choice but to act. I would also notify the owner of the studio about what has been going on. I would not tell him of your intentions to get evidence against these people, for all you know he is in on it with them. Hope this helps!
How do you get a husband to leave?I am in an awful relationship and he just won't leave! How do I make him go?
He claims that I can't make him leave no matter what I do. He's from another country and won't be visiting his relatives for awhile, otherwise I would just change the locks and put him out! Help!!
How do you get a husband to leave?I am in an awful relationship and he just won't leave! How do I make him go?
You leave then, file for divorce the day you do so (this will require pre-planning of course) and the judge will split the assets between you two.
How do you get a husband to leave?I am in an awful relationship and he just won't leave! How do I make him go?
Then you leave - call your family or a friend, if its that horrible get out
You serve him with divorce papers and have him escorted out and off the property
There are some laws in place here. My father married a lady from another country and they told him that when you marry someone and bring them here if you divorce then you have to financially support them for 2 years, so needless to say my father is still married and miserable. good luck. you just move it if its that bad. men are assholes. but if you have children he cannot kick you out and you legally get the place because the kids will stay with you, so he legally has to leave.
If he won't leave then you need to leave. File for divorce and get a restraining order if he is dangerous.
get a legal separation from him, go to court and file an eviction to have him removed. then follow through with the divorce. hopefully before you do all that, that your house or apartment is in your name. its against the law to change the locks if he went out of town, thats an illegal eviction.
Get a lawyer and have him served
Look in the yellow ages under divorce lawyers
Lots of women claim the same thing, but do not really want to leave
If you really want to leave the relationship, nothing can stop you
Make your decision, and pursue it, talk is cheap
pack your bags and get out
Buy the house from him.
You /can't/ make him leave - good for him!
I am afraid that I agree with Pink Unicorn.
Does he work, or is he out for regular ours.
If the answer is yes. Get a van round when he is out pack your stuff into it and go.
Will take a little planning, finding somewhere to go to, but do it.
Take your courage in your hands. If the property you are in is in joint ownership then you can go to a solicitor to get your half of the value.
Go get some legal advice.
Make a move.
Depending on the state you're living in, even with divorce papers he doesn't have to move out.
You move out. You leave him. Psychologically the person who leaves is the victor. Think about it.
Work, make money, hide it, make a plan and you GO! Girl you need to find your balls.
Breathe, relax and make a plan. Make him think everything is cool. Be the beautiful actress you know you can be. Do what do have to do to get where you want to be. Have a plan. Women are way more resourceful then men. Always have been and always will be.
MM maybe you should go stay with some freinds for a while until he goes back with his relatives. it seems to be like a bit of an exuse even though it may be true and will probally think of another exuse after that. your going to be even more stressed out living under the same roof. This maybe your house but he will feel uneasy been in your house alone. You carnt let him treat you like this and if it gets worse you should try phone the police. This could go on for ages if nothing is sorted soon. I really hope things work out for you x
As long as you don't file for separation or divorce he doesn't have to leave. You have to have an order or separation before you can make him leave.
if you want him gone that bad you could always hit yourself in the face, call the police and tell him he hit you. he'd be arrested and out of the house. not a nice thing to do, but if you hate him that much, then who cares?
just go!, or change the locks when he goes to the shops/pub/work etc.
How do you get a husband to leave?I am in an awful relationship and he just won't leave! How do I make him go?
You leave then, file for divorce the day you do so (this will require pre-planning of course) and the judge will split the assets between you two.
How do you get a husband to leave?I am in an awful relationship and he just won't leave! How do I make him go?
Then you leave - call your family or a friend, if its that horrible get out
You serve him with divorce papers and have him escorted out and off the property
There are some laws in place here. My father married a lady from another country and they told him that when you marry someone and bring them here if you divorce then you have to financially support them for 2 years, so needless to say my father is still married and miserable. good luck. you just move it if its that bad. men are assholes. but if you have children he cannot kick you out and you legally get the place because the kids will stay with you, so he legally has to leave.
If he won't leave then you need to leave. File for divorce and get a restraining order if he is dangerous.
get a legal separation from him, go to court and file an eviction to have him removed. then follow through with the divorce. hopefully before you do all that, that your house or apartment is in your name. its against the law to change the locks if he went out of town, thats an illegal eviction.
Get a lawyer and have him served
Look in the yellow ages under divorce lawyers
Lots of women claim the same thing, but do not really want to leave
If you really want to leave the relationship, nothing can stop you
Make your decision, and pursue it, talk is cheap
pack your bags and get out
Buy the house from him.
You /can't/ make him leave - good for him!
I am afraid that I agree with Pink Unicorn.
Does he work, or is he out for regular ours.
If the answer is yes. Get a van round when he is out pack your stuff into it and go.
Will take a little planning, finding somewhere to go to, but do it.
Take your courage in your hands. If the property you are in is in joint ownership then you can go to a solicitor to get your half of the value.
Go get some legal advice.
Make a move.
Depending on the state you're living in, even with divorce papers he doesn't have to move out.
You move out. You leave him. Psychologically the person who leaves is the victor. Think about it.
Work, make money, hide it, make a plan and you GO! Girl you need to find your balls.
Breathe, relax and make a plan. Make him think everything is cool. Be the beautiful actress you know you can be. Do what do have to do to get where you want to be. Have a plan. Women are way more resourceful then men. Always have been and always will be.
MM maybe you should go stay with some freinds for a while until he goes back with his relatives. it seems to be like a bit of an exuse even though it may be true and will probally think of another exuse after that. your going to be even more stressed out living under the same roof. This maybe your house but he will feel uneasy been in your house alone. You carnt let him treat you like this and if it gets worse you should try phone the police. This could go on for ages if nothing is sorted soon. I really hope things work out for you x
As long as you don't file for separation or divorce he doesn't have to leave. You have to have an order or separation before you can make him leave.
if you want him gone that bad you could always hit yourself in the face, call the police and tell him he hit you. he'd be arrested and out of the house. not a nice thing to do, but if you hate him that much, then who cares?
just go!, or change the locks when he goes to the shops/pub/work etc.
How do i change my security lock on my nokia cell phone?? ?
when i go to settings%26gt;%26gt;phone%26gt;%26gt; security keyguard it doesnt have options on the left so how do i change the lock??
How do i change my security lock on my nokia cell phone?? ?
If you still have the manual for your phone, you could look it up in that. Chances are you had to set the security lock you are currently using.
You can also contact the local office of your service provider, they should be able to help you by changing it for you if you go into the office with your phone. Or you can call th 800# and have them talk you through it over the phone.
Your third option is to call the manufacturer, Tech Support will be able to walk you through it.
How do i change my security lock on my nokia cell phone?? ?
it had probably in security setting, try it on.
hi, i've got sony ericsson and i can change it from the 'settings'. try to go 2 ur phone settings and u may find it. if u've forgotten it den u can update ur phone's software which deletes everything and makes it as new. or keep entering any wrong code till it ask u for a number which came with ur handest, and change it or remove it.Parameter.Add() valuable advice
How do i change my security lock on my nokia cell phone?? ?
If you still have the manual for your phone, you could look it up in that. Chances are you had to set the security lock you are currently using.
You can also contact the local office of your service provider, they should be able to help you by changing it for you if you go into the office with your phone. Or you can call th 800# and have them talk you through it over the phone.
Your third option is to call the manufacturer, Tech Support will be able to walk you through it.
How do i change my security lock on my nokia cell phone?? ?
it had probably in security setting, try it on.
hi, i've got sony ericsson and i can change it from the 'settings'. try to go 2 ur phone settings and u may find it. if u've forgotten it den u can update ur phone's software which deletes everything and makes it as new. or keep entering any wrong code till it ask u for a number which came with ur handest, and change it or remove it.
How do I deal with this problem tenant?
Hello everyone I have a major problem. I'm a first-time landlord and have been hustled by a problem tenant. It's been a learning experience for sure and I feel stupid I didn't take more precaution, so please don't criticize me too much. My %26quot;tenant%26quot; will not pay rent and will not leave the property. I have served her with a notice to vacate from the county sheriff's office but she still will not leave. At the prosecuting attorney's office they will only accept civil complains if I have three things (1) lease copy, (2) notice to vacate copy from Sheriff's Office, and (3) the tenant's birthdate. I do not have the final piece of information and the tenant will most certainly not give it to me. I feel she might have also supplied me with a bogus name and/or social security number because I can't find information on her anywhere. Does anyone have any suggestions? Police? Change the locks and make her take action?
How do I deal with this problem tenant?
Where I am from, you have to file your eviction case with the Clerk of Courts in the Municipal Court. You lay down a $100+ filing fee and it is handled almost like a small claims case where you have to appear before the magistrate a few weeks after filing. The Clerk of Courts Office may be able to help you. The general steps are:
1. Renter fails to pay rent, fails to leave after lease is up, or has some other violation.
2. You request that the renter vacate.
3. The renter does not leave by the specified vacate date.
4. You file a case with the Clerk of Courts.
5. A court date is scheduled.
6. You go to the court hearing and hopefully win before a magistrate or judge.
7. The judge issues a writ giving you back possession of the unit you are renting and telling the renter she/he has to go within a specified timeframe.
8. If the renter does not go, the the bailliff from the sheriff's office comes to execute the writ.
You did not mention ever having gone to court, but it is the court that issues the judgment and writ of restitution that restores the rental unit to you. You state that you got a notice to vacate from the county sheriff's office, but in most places, YOU serve the notice to vacate and you serve before ever going to court. The sheriff's office does not get involved in the process until after the court issues the writ, which the sheriff's office executes when called upon to do so. The prosecutors office is not involved as eviction is a civil manner, not criminal.
I would strongly suggest you use an attorney from your area, who handles evictions, at least until you get a handle for what to do. Once you understand what needs to be done, then you can do it on your own.
As far as getting her name and birthdate, even if you have to be a little sneaky, there should be some way to get that. You could set up some bogus prize where she has to send her basic personal info to a third party in order to claim the prize, then you got it!!!
How do I deal with this problem tenant?
I don't see why a birth certificate would matter.... I dont ever remember giving mine when I have rented in the past.
If you filed for her eviction and the court certified it, just bring it to the sheriffs office and get them to remove her... and throw all her crap in the street.
I am sorry to hear about your problems. Rest assured (and not to jinx myself) but you'll rarely encounter problems that bad. The sheriff's dept should be able to assist you in either retrieving the tenant's birthdate, or if the person truly does not exist, then they should be able to provide you with a letter saying she presented false information on the lease. With a formal letter from the sheriff's office saying the tenant's information is invalid you should be able to get a court order to have her removed from the property. Whatever you do, DO NOT change the locks when she is not there. Although this may seem like an inviting option, and chances are nothing would ever happen to you, if she did decide to take the matter to court, you would be found guilty, and could quite possibly end up owing her a bunch of money followed by the whole issue staying on your record. Follow the process the legal way and the courts will eventually help you out. Best of luck to you.
iam sure that you can clear your doubts at http://realestatepropertynews.com/proble鈥?/a>
Are the utilities in her name or yours? When we had tenants in Houston, Texas that wouldnt pay rent and were evicted, we turned off the electricity. It was in our name. ( apartments)
Yeah I agree with the other person, what does a birth date or birth certificate matter? If they owe you money and you took them to court and got an eviction date then what we do in IL is call the sheriff if they still aren't out and the sherriff will set all of their belongings on the curb. It sucks but sometimes you have to do it. what state are you in?
How do I deal with this problem tenant?
Where I am from, you have to file your eviction case with the Clerk of Courts in the Municipal Court. You lay down a $100+ filing fee and it is handled almost like a small claims case where you have to appear before the magistrate a few weeks after filing. The Clerk of Courts Office may be able to help you. The general steps are:
1. Renter fails to pay rent, fails to leave after lease is up, or has some other violation.
2. You request that the renter vacate.
3. The renter does not leave by the specified vacate date.
4. You file a case with the Clerk of Courts.
5. A court date is scheduled.
6. You go to the court hearing and hopefully win before a magistrate or judge.
7. The judge issues a writ giving you back possession of the unit you are renting and telling the renter she/he has to go within a specified timeframe.
8. If the renter does not go, the the bailliff from the sheriff's office comes to execute the writ.
You did not mention ever having gone to court, but it is the court that issues the judgment and writ of restitution that restores the rental unit to you. You state that you got a notice to vacate from the county sheriff's office, but in most places, YOU serve the notice to vacate and you serve before ever going to court. The sheriff's office does not get involved in the process until after the court issues the writ, which the sheriff's office executes when called upon to do so. The prosecutors office is not involved as eviction is a civil manner, not criminal.
I would strongly suggest you use an attorney from your area, who handles evictions, at least until you get a handle for what to do. Once you understand what needs to be done, then you can do it on your own.
As far as getting her name and birthdate, even if you have to be a little sneaky, there should be some way to get that. You could set up some bogus prize where she has to send her basic personal info to a third party in order to claim the prize, then you got it!!!
How do I deal with this problem tenant?
I don't see why a birth certificate would matter.... I dont ever remember giving mine when I have rented in the past.
If you filed for her eviction and the court certified it, just bring it to the sheriffs office and get them to remove her... and throw all her crap in the street.
I am sorry to hear about your problems. Rest assured (and not to jinx myself) but you'll rarely encounter problems that bad. The sheriff's dept should be able to assist you in either retrieving the tenant's birthdate, or if the person truly does not exist, then they should be able to provide you with a letter saying she presented false information on the lease. With a formal letter from the sheriff's office saying the tenant's information is invalid you should be able to get a court order to have her removed from the property. Whatever you do, DO NOT change the locks when she is not there. Although this may seem like an inviting option, and chances are nothing would ever happen to you, if she did decide to take the matter to court, you would be found guilty, and could quite possibly end up owing her a bunch of money followed by the whole issue staying on your record. Follow the process the legal way and the courts will eventually help you out. Best of luck to you.
iam sure that you can clear your doubts at http://realestatepropertynews.com/proble鈥?/a>
Are the utilities in her name or yours? When we had tenants in Houston, Texas that wouldnt pay rent and were evicted, we turned off the electricity. It was in our name. ( apartments)
Yeah I agree with the other person, what does a birth date or birth certificate matter? If they owe you money and you took them to court and got an eviction date then what we do in IL is call the sheriff if they still aren't out and the sherriff will set all of their belongings on the curb. It sucks but sometimes you have to do it. what state are you in?
How do you change the tumblers insinde a standard kwickset entry lock?
I just started working for a a company that wants me me to pay to have the %26quot;tumblers%26quot; in a kwikset entry and deadbolt locks to a certain number or code ie:35241. that is the actual code I was sent to change the locks to......yes i can take it to home depot/lowes to have them do it but i would rather do it on site. I just began doing property preservation for banks and trying to save some $$ on my re-keys. PLS help as I have been starving for work and $ and dont want an added expense of hiring a locksmith/lowes/HD to do it for me. I Can purchase tools..i think, to do it myself just need a little guidence. THANK YOU IN ADVANCE..
How do you change the tumblers insinde a standard kwickset entry lock?
All of the above answers are correct, BUT if you have never completed this type of task before, practice on some old lock (s).... inside, things are SPRING LOADED, %26amp; those little tumblers can really fly once set free. (you'll need extra parts)..another option, just take it to a locksmith, round here, it's just a couple bucks to re-key a lock %26amp; the time you spend will not be searching for %26amp; picking up all the tiny pieces %26amp; trying to fit it back together. Good Luck. (it really isn't difficult once you get the hang of it AND when you have the proper tools)
How do you change the tumblers insinde a standard kwickset entry lock?
go to quickset web site. They have pictures and instructions. You need a tool to get the lock apart. I made one myself by looking at the picture. You maybe can buy a tool, but most people won't sell you one because they want your business. You can buy the tool online, but I didn't want to wait for shipping. I don't remember wghere it is or I would send you a pic. I think it can be made from a piece of flat steel. It is not a standard dimension, so you have to do a little grinding.
You need a Kwikset re-keying kit. Kwikset may sell them to you. It has instructions, the proper size pins and all else you will need. l have both Kwikset and Schlage and have rekeyed maybe two hundred locksets.
How do you change the tumblers insinde a standard kwickset entry lock?
All of the above answers are correct, BUT if you have never completed this type of task before, practice on some old lock (s).... inside, things are SPRING LOADED, %26amp; those little tumblers can really fly once set free. (you'll need extra parts)..another option, just take it to a locksmith, round here, it's just a couple bucks to re-key a lock %26amp; the time you spend will not be searching for %26amp; picking up all the tiny pieces %26amp; trying to fit it back together. Good Luck. (it really isn't difficult once you get the hang of it AND when you have the proper tools)
How do you change the tumblers insinde a standard kwickset entry lock?
go to quickset web site. They have pictures and instructions. You need a tool to get the lock apart. I made one myself by looking at the picture. You maybe can buy a tool, but most people won't sell you one because they want your business. You can buy the tool online, but I didn't want to wait for shipping. I don't remember wghere it is or I would send you a pic. I think it can be made from a piece of flat steel. It is not a standard dimension, so you have to do a little grinding.
You need a Kwikset re-keying kit. Kwikset may sell them to you. It has instructions, the proper size pins and all else you will need. l have both Kwikset and Schlage and have rekeyed maybe two hundred locksets.
I want to kick my bf out, how can I go about it without getting the law involved right away?
I found drug parafanillia in the apartment we share in Arizona. My name is on the lease his isnt, but we have lived together for about 3 years here. I want to kick him out with out turning him in to the cops.... (he will be his own demise sooner or later) How can I go about this? Can I just get my keys (or change the locks) and place his property outside or take it to a friends house?
I want to kick my bf out, how can I go about it without getting the law involved right away?
The thing is while his name isn't on the lease he is a tenant because you let him live there. You may not be able to just %26quot;kick him out%26quot; because he is settled there (gets mail there etc). If you change the locks you may find that he could call the police and they may tell you that you are to let him back in. You may be required to give him a 30 day written notice.
You can call the police and ask them what you're legal rights are (you don't need to mention the drugs just say that you've been having problems and you want him out).
Usually easiest and safest to move. It's a hassle I know but he can't follow you as easily. You could try nagging him, leaving leaflets around about getting help but that will just make him mad. An alternative method will be to say that you're leaving and make him believe that you're leaving (leave out rental appartment ads circled in red pen) so that he will start looking for alternative accomodation.
Be grateful you don't live in Australia. If you did you'd be classified under a %26quot;defacto relationship%26quot; and because you've lived together for more than 6 months he'd be entitled to half of your stuff.
I want to kick my bf out, how can I go about it without getting the law involved right away?
so you do already know the answer?
Thats getting him out.
Asking him to stay away will be another concern.
Have a talk with him, or write him out a letter that explains your posiiton, and end it then and there.
Let him know that youre trying to do him a favor by not going to the police, but that you will if he forces you to,.
Boom Bam!!!
finito
You can try it the polite way, but you may be putting yourself (and your kids or other family possibly) in danger. If you want him out tell him to get out - if he doesn't call the cops. Taking his stuff out and changing the locks sounds like a good idea too, but have the number for the police on the speed dial and have witnesses there the whole time!
say your pregnant
If your name is on the lease and his isn't you have an absolute right to kick him out. Whether he pays rent or contributes to the household income is not relevant if he is engaging in an illegal activity on your premises.
In the situation you describe you have a huge amount of risk by allowing him to stay there. Not only is there personal risk to yourself and your family, but if the police raid your place and your name is the only one on the lease, you may have some significant legal problems.
I would not be polite about it. I would call the police first and tell them what you found and tell them you are going to ask him to leave now, and that that may cause a domestic violence situation and they need to be present or stand by.
The question is this: you've been together for 3 years. What is your attachment to him and him to you? Will you need a restraining order to keep him away? Will he violate that order and try to get revenge?
Also, forgive me for asking, but you've been together for 3 years and this is the first you've learned of his drug habit?
well if your name is on the lease you can tell him to get out but you cannot do anything to his things just give him a time limit and he has to get out just give a letter and tell him and just so if he is a little nuts you should get the cops in on this becouse safty is a must but what ever you tell the cops it on you , you can just tell them you would like him to leave for personal reason you dont need to say much o and if he pay rent you have to give him a letter saying that he has 60 days to leave by law and if he is a treat or is doing drugs you can have him removed asap
It might be wise to attempt getting him some %26quot;help%26quot;. Also, try just talking to him about it instead of flying off the handle and throwing him out of the apartment.
As far as getting the police involved goes, I wouldn't try to get him in trouble for the drugs. You will just get stuck storing his stuff while he is in jail anyway. The criminal act isn't the issue; his betraying your trust is the issue. Talk to him and ask him to move out. If that doesn't work, get the police involved for the purpose of removing him from the property; not to narc him out for drugs. 3 years is nothing to sneeze at; you don't have to reduce yourself to betraying him just because he betrayed you.
Tell him he has to leave. Firmly and without question. Explain that you have no intention on jeopardizing your life for the choices he makes. Hope that he will do so, because he is shamed, if he hasn't gone beyond the level of shame yet. You might not want to just put his stuff out because I am not sure what state you live in but in some states regardless of whether he is on the lease or not he still has rights as a tenant if he has even one piece of mail coming there. These rights would require you to take him to court to have him evicted. You may not be doing him a favor by not introducing law enforcement, that may very well be the bottom for him and an impetuous for him to clean up his act. As you say he may reach that point sooner or later but imagine how you would feel if you didn't and then he died of an overdose or in a drug den or something. Not that any of this is your fault or will be your fault but I can't help but think that the more harsher consequences are put off the more of a cushion that is being created. Similar to enabling someone to not have to face the gravity of their actions. Just my .02 cents.
If he's an addict or abuser, the kindest thing you can do is get the law involved and help him hit his bottom. By covering up for him, you are only allowing him to continue detrimental behavior that may cost him his life. It's called Killing with Kindness, also known as enabling.
You need to kick his butt out NOW and do NOT feel sorry for him!!! Demand he leave, help him pack and to give you his keys.
You may have a problem getting him to leave, I dont know what this guy is like but if his drugs are in your house he may become a bit unhappy to know you are kicking him out over that. It may be advisable to have the police get involved just as a security measure. Let them know that you want him gone and you want to make sure he doenst become violent, if you are worried. They dont need to know any more than that. If this guy is no threat to you tell him you want him gone or you will call the cops and have him hooked up for drugs if he wants a reason.
If you told him to go an he does not the law will be more than glad to take the dope head off the street
tell him how much you love him and go and get your own appartment and tell him that if he does'nt change his ways and get help you see him again.
The first thing to do is ask him to leave voluntarily. If he refuses to leave, explain to him that you鈥檙e going to leave if he doesn鈥檛. Show him the options, he leaves and nothing happens, you leave and nothing happens, you get the sheriff involved and he鈥檚 evicted, or you go to the police and turn him in鈥?Most stubborn people will give in if you let them believe that they鈥檙e making their own choice. To confront a stubborn person with ultimatums has a definite possibility to stir up anger, rage, and retaliation. If he still refuses to leave voluntarily, you may want to contact your landlord.
I don鈥檛 know how the laws of lease work in your state, but in mine, most landlords will only hold you to your lease for the first year. After that, it鈥檚 on a month-to-month basis. Meaning, I鈥檝e lived here for more than a year so I need only tell my landlord that I鈥檓 leaving 30 days prior to the fact. Move out and leave him there for the landlord to deal with.
If you don鈥檛 want to involve the authorities in anyway, that鈥檚 the best thing to do. All things considered, it鈥檚 the easiest solution to a bad situation. I had similar problems with a girlfriend. I wanted her out and she wouldn鈥檛 go. When I went to the sheriff鈥檚 office to inquire about having her physically and immediately removed from my apartment, he told me the aforementioned story. I was stubborn and this was about principals! It was after all my name on the lease! I took the hard road and she retaliated by causing me all sorts of grief. In the end, I took the sheriff鈥檚 advice and moved.
I want to kick my bf out, how can I go about it without getting the law involved right away?
The thing is while his name isn't on the lease he is a tenant because you let him live there. You may not be able to just %26quot;kick him out%26quot; because he is settled there (gets mail there etc). If you change the locks you may find that he could call the police and they may tell you that you are to let him back in. You may be required to give him a 30 day written notice.
You can call the police and ask them what you're legal rights are (you don't need to mention the drugs just say that you've been having problems and you want him out).
Usually easiest and safest to move. It's a hassle I know but he can't follow you as easily. You could try nagging him, leaving leaflets around about getting help but that will just make him mad. An alternative method will be to say that you're leaving and make him believe that you're leaving (leave out rental appartment ads circled in red pen) so that he will start looking for alternative accomodation.
Be grateful you don't live in Australia. If you did you'd be classified under a %26quot;defacto relationship%26quot; and because you've lived together for more than 6 months he'd be entitled to half of your stuff.
I want to kick my bf out, how can I go about it without getting the law involved right away?
so you do already know the answer?
Thats getting him out.
Asking him to stay away will be another concern.
Have a talk with him, or write him out a letter that explains your posiiton, and end it then and there.
Let him know that youre trying to do him a favor by not going to the police, but that you will if he forces you to,.
Boom Bam!!!
finito
You can try it the polite way, but you may be putting yourself (and your kids or other family possibly) in danger. If you want him out tell him to get out - if he doesn't call the cops. Taking his stuff out and changing the locks sounds like a good idea too, but have the number for the police on the speed dial and have witnesses there the whole time!
say your pregnant
If your name is on the lease and his isn't you have an absolute right to kick him out. Whether he pays rent or contributes to the household income is not relevant if he is engaging in an illegal activity on your premises.
In the situation you describe you have a huge amount of risk by allowing him to stay there. Not only is there personal risk to yourself and your family, but if the police raid your place and your name is the only one on the lease, you may have some significant legal problems.
I would not be polite about it. I would call the police first and tell them what you found and tell them you are going to ask him to leave now, and that that may cause a domestic violence situation and they need to be present or stand by.
The question is this: you've been together for 3 years. What is your attachment to him and him to you? Will you need a restraining order to keep him away? Will he violate that order and try to get revenge?
Also, forgive me for asking, but you've been together for 3 years and this is the first you've learned of his drug habit?
well if your name is on the lease you can tell him to get out but you cannot do anything to his things just give him a time limit and he has to get out just give a letter and tell him and just so if he is a little nuts you should get the cops in on this becouse safty is a must but what ever you tell the cops it on you , you can just tell them you would like him to leave for personal reason you dont need to say much o and if he pay rent you have to give him a letter saying that he has 60 days to leave by law and if he is a treat or is doing drugs you can have him removed asap
It might be wise to attempt getting him some %26quot;help%26quot;. Also, try just talking to him about it instead of flying off the handle and throwing him out of the apartment.
As far as getting the police involved goes, I wouldn't try to get him in trouble for the drugs. You will just get stuck storing his stuff while he is in jail anyway. The criminal act isn't the issue; his betraying your trust is the issue. Talk to him and ask him to move out. If that doesn't work, get the police involved for the purpose of removing him from the property; not to narc him out for drugs. 3 years is nothing to sneeze at; you don't have to reduce yourself to betraying him just because he betrayed you.
Tell him he has to leave. Firmly and without question. Explain that you have no intention on jeopardizing your life for the choices he makes. Hope that he will do so, because he is shamed, if he hasn't gone beyond the level of shame yet. You might not want to just put his stuff out because I am not sure what state you live in but in some states regardless of whether he is on the lease or not he still has rights as a tenant if he has even one piece of mail coming there. These rights would require you to take him to court to have him evicted. You may not be doing him a favor by not introducing law enforcement, that may very well be the bottom for him and an impetuous for him to clean up his act. As you say he may reach that point sooner or later but imagine how you would feel if you didn't and then he died of an overdose or in a drug den or something. Not that any of this is your fault or will be your fault but I can't help but think that the more harsher consequences are put off the more of a cushion that is being created. Similar to enabling someone to not have to face the gravity of their actions. Just my .02 cents.
If he's an addict or abuser, the kindest thing you can do is get the law involved and help him hit his bottom. By covering up for him, you are only allowing him to continue detrimental behavior that may cost him his life. It's called Killing with Kindness, also known as enabling.
You need to kick his butt out NOW and do NOT feel sorry for him!!! Demand he leave, help him pack and to give you his keys.
You may have a problem getting him to leave, I dont know what this guy is like but if his drugs are in your house he may become a bit unhappy to know you are kicking him out over that. It may be advisable to have the police get involved just as a security measure. Let them know that you want him gone and you want to make sure he doenst become violent, if you are worried. They dont need to know any more than that. If this guy is no threat to you tell him you want him gone or you will call the cops and have him hooked up for drugs if he wants a reason.
If you told him to go an he does not the law will be more than glad to take the dope head off the street
tell him how much you love him and go and get your own appartment and tell him that if he does'nt change his ways and get help you see him again.
The first thing to do is ask him to leave voluntarily. If he refuses to leave, explain to him that you鈥檙e going to leave if he doesn鈥檛. Show him the options, he leaves and nothing happens, you leave and nothing happens, you get the sheriff involved and he鈥檚 evicted, or you go to the police and turn him in鈥?Most stubborn people will give in if you let them believe that they鈥檙e making their own choice. To confront a stubborn person with ultimatums has a definite possibility to stir up anger, rage, and retaliation. If he still refuses to leave voluntarily, you may want to contact your landlord.
I don鈥檛 know how the laws of lease work in your state, but in mine, most landlords will only hold you to your lease for the first year. After that, it鈥檚 on a month-to-month basis. Meaning, I鈥檝e lived here for more than a year so I need only tell my landlord that I鈥檓 leaving 30 days prior to the fact. Move out and leave him there for the landlord to deal with.
If you don鈥檛 want to involve the authorities in anyway, that鈥檚 the best thing to do. All things considered, it鈥檚 the easiest solution to a bad situation. I had similar problems with a girlfriend. I wanted her out and she wouldn鈥檛 go. When I went to the sheriff鈥檚 office to inquire about having her physically and immediately removed from my apartment, he told me the aforementioned story. I was stubborn and this was about principals! It was after all my name on the lease! I took the hard road and she retaliated by causing me all sorts of grief. In the end, I took the sheriff鈥檚 advice and moved.
Im renting, notice of auction was taped to door. How much time do i have before sheriffs throw my stuff out?
im worried about coming home and finding my locks changed or finding my belongings impounded or out on the curb. i have alot of valuable guitars and sound gear. i just learned about this 2 weeks ago. how long do i have before this happens and can it happen without notice? do i have to see or recieve other notices after the auction notice? are there any things i can do to stay longer if i havent found a place?
Im renting, notice of auction was taped to door. How much time do i have before sheriffs throw my stuff out?
omg...don't ask that question here...how would we even know? these thing vary form state to state, city to city.
What did the notice say? Was there a date on the notice? A phone number, a person to call? Surely, there was something more on the notice besides the words %26quot;notice%26quot; and %26quot;auction%26quot;
I mean, who put the notice there? The sheriff, a bank, an auction company?? Call whoever is listed on the notice
Im renting, notice of auction was taped to door. How much time do i have before sheriffs throw my stuff out?
Generally, you have 30 days from notice posting, but you should really contact your landlord/rental agency for solid information. Also, check the notice as well; most are required to have contact information on them.
Unfortunately they can kick you out without notice since you already got a notice of auction. As a renter, you are screwed. You might have as much as 30 days from the date of notice, but it depends on your state. If you are that worried about your stuff, you might want to find somewhere else to keep it. Also, if you see your old landlord, thank him for screwing you and smear poop on him
i would think that the landlord could tell you and if not then perhaps calling an attorney. not sure why the action. are you behind on rent. if that's the problem it couldn't hurt talking to your landlord. try calling the sheriffs dept. where i live it's the county's responsibility. usually takes maybe two to three months where i live good luck!
there should be a date and no they wont extend it if there's not a date there's a contact number to call the best thing is to get out as soon as possible because when the date comes they are not going to let you take your things they will become the property of the land lord so get out before you are kicked out and lose everything
It's usually pretty fast. Not to scare you or anything, but it could be within a few days if the landlord is serious and the sheriff's department isn't too busy. I'd suggest you contact the number on the notice as soon as possible.
you really have everyone confused. what is a notice of auction? are you sure you did not mean evistion?
-----------retired texas deputy sheriff-----------help with flat screen tvs web page host
Im renting, notice of auction was taped to door. How much time do i have before sheriffs throw my stuff out?
omg...don't ask that question here...how would we even know? these thing vary form state to state, city to city.
What did the notice say? Was there a date on the notice? A phone number, a person to call? Surely, there was something more on the notice besides the words %26quot;notice%26quot; and %26quot;auction%26quot;
I mean, who put the notice there? The sheriff, a bank, an auction company?? Call whoever is listed on the notice
Im renting, notice of auction was taped to door. How much time do i have before sheriffs throw my stuff out?
Generally, you have 30 days from notice posting, but you should really contact your landlord/rental agency for solid information. Also, check the notice as well; most are required to have contact information on them.
Unfortunately they can kick you out without notice since you already got a notice of auction. As a renter, you are screwed. You might have as much as 30 days from the date of notice, but it depends on your state. If you are that worried about your stuff, you might want to find somewhere else to keep it. Also, if you see your old landlord, thank him for screwing you and smear poop on him
i would think that the landlord could tell you and if not then perhaps calling an attorney. not sure why the action. are you behind on rent. if that's the problem it couldn't hurt talking to your landlord. try calling the sheriffs dept. where i live it's the county's responsibility. usually takes maybe two to three months where i live good luck!
there should be a date and no they wont extend it if there's not a date there's a contact number to call the best thing is to get out as soon as possible because when the date comes they are not going to let you take your things they will become the property of the land lord so get out before you are kicked out and lose everything
It's usually pretty fast. Not to scare you or anything, but it could be within a few days if the landlord is serious and the sheriff's department isn't too busy. I'd suggest you contact the number on the notice as soon as possible.
you really have everyone confused. what is a notice of auction? are you sure you did not mean evistion?
-----------retired texas deputy sheriff-----------
How do I change this lock?
I have a problem with a temporary guest in my house, She's constantly snooping and taking my things out of my room when I'm not home. I still live with my mom so there is no way I can change my locks and put something that requires a key (but im willing to), but my mom agrees that I need my privacy from this girl until she's out. I dont want to pay someone to change the locks, I have a standard passage doorknob set on my door nothing fancy, no locks or anything. I've seen a couple locks that didnt require a key just combination. Does anyone know any alternative to changing the locks or how I can change the passage set since I dont visibly see any screws? PLEASE HELP!
How do I change this lock?
Good morning little squaw... You just need to change the doorknob set on door... You no see screws because they hidden. Take small, think regular screwdriver... Go in room, close door... Examine door knob set... There should be small hole, or very small rectangular tab that hold know on set... Push this in, and pull knob off.. Now behind where knob was, there a shiny round (plate) that cover inner working of door set... This (plate) slip off toward where knob itself was located... Use screwdrive to pry this toward you, away from door. It should come off...
This will allow you to take knob off, and buy new knob set at Home Depot that contain a lock, and key...
Good luck... E-mail if you have any problem.
How do I change this lock?
Good morning little squaw... You just need to change the doorknob set on door... You no see screws because they hidden. Take small, think regular screwdriver... Go in room, close door... Examine door knob set... There should be small hole, or very small rectangular tab that hold know on set... Push this in, and pull knob off.. Now behind where knob was, there a shiny round (plate) that cover inner working of door set... This (plate) slip off toward where knob itself was located... Use screwdrive to pry this toward you, away from door. It should come off...
This will allow you to take knob off, and buy new knob set at Home Depot that contain a lock, and key...
Good luck... E-mail if you have any problem.
Changing door locks on my 1995 Toyota Corolla?
I need to change both the driver side and passenger side door locks on my car. The key does not open either door, nor the trunk. It works in the ignition. It USED to work in the driver's side door, but one day stopped turning. We had to break the window to get in. It has power locks and windows on the inside. When you are inside the car and pushing the button to unlock (or lock) sometimes it will not work. It makes sound like it is trying, but then won't pop the lock.
Anyway, how difficult is it to change these? Where can I find the parts because I can't seem to find them online? How will the situation with keys work (one key, two keys)? How much do you think it'd be to get it done at an auto shop? I need all the help I can get.
I just need it fixed, I really don't care how it gets there as long as it's not super expensive.
Changing door locks on my 1995 Toyota Corolla?
Auto parts stores like %26quot;AUTOZONE%26quot; sell keyed lock sets that allow you to replace as many lock sets as you want.I recomend just replacing the door locks being that the key still works the ignition.As for replacing them it involves removing the inner door panel and anything under or on it and reaching up into the door and removing the actuator rods from the old lock and removing the old lock assembly which should be held in by a spring loaded clip and then reversing the disasembly procedure.If you don't feel that your mechanical skills are up to doing it yourself having a TRUSTED MECHANIC do it should not be that expensive.
Changing door locks on my 1995 Toyota Corolla?
If it sounds like it's trying, it could be the power door lock actuator. I don't have any info on the cost of those though.
Before you do that, have you tried spraying some WD40 into the lock? Just push the straw through the little cover, and give it a good hosing. Especially if you mainly used to use the remote, rather than the key, and regardless, the cylinders could just be rusted or oxidized inside.
I expect that the grease has hardend up. I had that problem with my trunk lock and just squirted some WD-40 in it and it freed up. The WD-40 can will come with a piece of plastic spaghetti that can be jammed into the spray head so you can get the solvent right in the lock.
Anyway, how difficult is it to change these? Where can I find the parts because I can't seem to find them online? How will the situation with keys work (one key, two keys)? How much do you think it'd be to get it done at an auto shop? I need all the help I can get.
I just need it fixed, I really don't care how it gets there as long as it's not super expensive.
Changing door locks on my 1995 Toyota Corolla?
Auto parts stores like %26quot;AUTOZONE%26quot; sell keyed lock sets that allow you to replace as many lock sets as you want.I recomend just replacing the door locks being that the key still works the ignition.As for replacing them it involves removing the inner door panel and anything under or on it and reaching up into the door and removing the actuator rods from the old lock and removing the old lock assembly which should be held in by a spring loaded clip and then reversing the disasembly procedure.If you don't feel that your mechanical skills are up to doing it yourself having a TRUSTED MECHANIC do it should not be that expensive.
Changing door locks on my 1995 Toyota Corolla?
If it sounds like it's trying, it could be the power door lock actuator. I don't have any info on the cost of those though.
Before you do that, have you tried spraying some WD40 into the lock? Just push the straw through the little cover, and give it a good hosing. Especially if you mainly used to use the remote, rather than the key, and regardless, the cylinders could just be rusted or oxidized inside.
I expect that the grease has hardend up. I had that problem with my trunk lock and just squirted some WD-40 in it and it freed up. The WD-40 can will come with a piece of plastic spaghetti that can be jammed into the spray head so you can get the solvent right in the lock.
Manual locks to remote control?!?
How do you change manual locks to remote control? Did it once on a protege. Are they called actuators? Need to find where to get the equipment for a 2003 Chevy S10.
Manual locks to remote control?!?
id check out online afrtermarket. i found power window and lock kits for my '64 chevy.
Manual locks to remote control?!?
id check out online afrtermarket. i found power window and lock kits for my '64 chevy.
How do you replace the door locks on an old chevy?
I have a 93 Chevy and it doesn't have power locks its all manual but how do you change out the locks I bought the cylinders and keys for both doors at autozone I just don't know how to put them in.
How do you replace the door locks on an old chevy?
First...what kind of 93 Chevy? Is it the one with the lock cylinders in the door handle assembly or the one with the lock cylinder below the door handle? The door panel removal and removal of the lock rod is required for either. The separate cylinder has a U clip holding it in. Remove it and the lock removes to the exterior of the vehicle. The one with the cylinder in the handle assembly has a spring retainer at the 6:00 position. Push in and remove to the interior of the vehicle.
How do you replace the door locks on an old chevy?
take off the interior door skin and roll the window all the way up to get access to the door locks. you may have to remove the window if it blocks access to the door locks.
look it up in either a haines or chilton's manual. they'll show step by step with pictures. track auto used to let you user their photo copier to make free copies. try another auto parts store if they have open copies of the correct manual.
take the door panel off// on the inside take the rod off the lock assembly//then slide the lock plate off the assembly and remove the assembly
How do you replace the door locks on an old chevy?
First...what kind of 93 Chevy? Is it the one with the lock cylinders in the door handle assembly or the one with the lock cylinder below the door handle? The door panel removal and removal of the lock rod is required for either. The separate cylinder has a U clip holding it in. Remove it and the lock removes to the exterior of the vehicle. The one with the cylinder in the handle assembly has a spring retainer at the 6:00 position. Push in and remove to the interior of the vehicle.
How do you replace the door locks on an old chevy?
take off the interior door skin and roll the window all the way up to get access to the door locks. you may have to remove the window if it blocks access to the door locks.
look it up in either a haines or chilton's manual. they'll show step by step with pictures. track auto used to let you user their photo copier to make free copies. try another auto parts store if they have open copies of the correct manual.
take the door panel off// on the inside take the rod off the lock assembly//then slide the lock plate off the assembly and remove the assembly
When your home is foreclosed how long do you have to vacate the premises?
My friend is a little mentally challenged he was married to this women who took care of all the business in their home she decided that she wasnt happy anymore and left him he can not read to well and missed some very important papers about his home which he has lived in since he was18 he is now 58 anyways his home was supposed to be sold at the auction on Monday i f he would of showed me the papers earlier I probably could of saved his house by filing for chapter13 bankruptcy but he didnt know so neither did I but now Im worried will they change the locks on his home and not let him get his belongings out. Do they give you a time limit to get out or what?
When your home is foreclosed how long do you have to vacate the premises?
If he is truly mentally ill and you could prove it. You should contact a lawyer because they cant serve papers on someone who is mentally ill and a lawyer could possibly stop the auction. And could tie it up for a while.
When your home is foreclosed how long do you have to vacate the premises?
I think from the time you are served an eviction notice 30 days.
It depends on your state, but 30 days is a rough rule of thumb. Someone will contact him to begin the dispossessory process (eviction). At that point there will be a solid time line to go by. Just follow the instructions on the %26quot;tack%26quot; notice that the Sheriff's department will literally tack on the door.
Sorry for your friend's misfortune. Best of luck.
He needs to be out before the auction.
I am surprised they have not had the sheriff evict him by now
After the auction they will show up, and if they see that the property is occupied, they will have to go through the eviction process. The amount of time it takes to evict someone will depend on the eviction process of your county.
Some states have a redemption period in which the owner may reclaim his property after it has been foreclosed on. Check to see if your state has a redemption period.
Also, someone brought up a point to contact an attorney. This is very good advice. Do this immediately!
Regards
The day the title transfers (day of auction) he stops being legally resident. He will have to be evicted and that takes what ever it takes in the local community.
Find out the local rules. In some locations they can move all his stuff out into the street independent of the weather. In other locations they have to put it in storage and then bill him for the move and storage. If he does not pay they auction off the items.parameter textbox
When your home is foreclosed how long do you have to vacate the premises?
If he is truly mentally ill and you could prove it. You should contact a lawyer because they cant serve papers on someone who is mentally ill and a lawyer could possibly stop the auction. And could tie it up for a while.
When your home is foreclosed how long do you have to vacate the premises?
I think from the time you are served an eviction notice 30 days.
It depends on your state, but 30 days is a rough rule of thumb. Someone will contact him to begin the dispossessory process (eviction). At that point there will be a solid time line to go by. Just follow the instructions on the %26quot;tack%26quot; notice that the Sheriff's department will literally tack on the door.
Sorry for your friend's misfortune. Best of luck.
He needs to be out before the auction.
I am surprised they have not had the sheriff evict him by now
After the auction they will show up, and if they see that the property is occupied, they will have to go through the eviction process. The amount of time it takes to evict someone will depend on the eviction process of your county.
Some states have a redemption period in which the owner may reclaim his property after it has been foreclosed on. Check to see if your state has a redemption period.
Also, someone brought up a point to contact an attorney. This is very good advice. Do this immediately!
Regards
The day the title transfers (day of auction) he stops being legally resident. He will have to be evicted and that takes what ever it takes in the local community.
Find out the local rules. In some locations they can move all his stuff out into the street independent of the weather. In other locations they have to put it in storage and then bill him for the move and storage. If he does not pay they auction off the items.
How long can I live in my apartment before my landlord evicts me?
I live in Las Vegas, NV and I live in the basement of a house with a separate entrance. The house belongs to my landlord, and we don't have a written contract or anything, but I do pay rent every month.
if it matters, it's not officially an apartment. he calls it %26quot;shared living.%26quot; when I moved in, he said he would give me 30 day notice if he wanted me out.
legally though, and if I continued paying for the time that I am here, how long until I have to move out in nevada? sources are a plus. also, can he change the locks and not let me in and keep my stuff?
How long can I live in my apartment before my landlord evicts me?
If you don't have a lease, he has to give you 30 day notice. It is illegal for him to lock you out, but that doesn't help much if you are stuck outside. If he does lock you out, you can call the police and they will let you in.
How long can I live in my apartment before my landlord evicts me?
30 days is legal in most states without a contract.
Since there is no contract, the landlord can kick you out whenever they choose and change the locks.
He can not legally keep your belongings.
Unless you have a list, photos or can prove what are your items during the 20 minutes the cops escort you to collect them, the landlord can end up with the majority of your stuff.
I would move.
Why would you stay at a place your possible not wanted..Thats not sound thinking..tension,and all that..Be happy you have a place,if the time comes he wants his %26quot;basement%26quot; back then why fight it...Plus he offered you a 30 day notice..Whats wrong with that..I guess im siding with the owner..Sorry...
if it matters, it's not officially an apartment. he calls it %26quot;shared living.%26quot; when I moved in, he said he would give me 30 day notice if he wanted me out.
legally though, and if I continued paying for the time that I am here, how long until I have to move out in nevada? sources are a plus. also, can he change the locks and not let me in and keep my stuff?
How long can I live in my apartment before my landlord evicts me?
If you don't have a lease, he has to give you 30 day notice. It is illegal for him to lock you out, but that doesn't help much if you are stuck outside. If he does lock you out, you can call the police and they will let you in.
How long can I live in my apartment before my landlord evicts me?
30 days is legal in most states without a contract.
Since there is no contract, the landlord can kick you out whenever they choose and change the locks.
He can not legally keep your belongings.
Unless you have a list, photos or can prove what are your items during the 20 minutes the cops escort you to collect them, the landlord can end up with the majority of your stuff.
I would move.
Why would you stay at a place your possible not wanted..Thats not sound thinking..tension,and all that..Be happy you have a place,if the time comes he wants his %26quot;basement%26quot; back then why fight it...Plus he offered you a 30 day notice..Whats wrong with that..I guess im siding with the owner..Sorry...
How do I put my rent into escrow and do I need an attorney?
I live in Maryland. the apartment complex I live in is like a slum landlord. We have had a mice infestation for over 2 years and they just bought and exterminator out to do something about it 2 weeks ago. We also have an infestation of ants and now we believe that we have also found roaches. They're trying to blame it on the construction in the area, but the contrusction only startedd in the past year. When we put in maintenance calls, they don't respond, take they're time responding, or say that they handled the problem and did not. Also we have had to change the locks on the door because someone from the maintenance staff was in our apartment eating the food, watching the TV, and we have had DVD's and CD's go missing but nobody knows anything.
How do I put my rent into escrow and do I need an attorney?
You may do two things if a dangerous condition exists in your rented home.
1. You may file a lawsuit to mandate repairs. The court will schedule a hearing.
2. You may stop paying rent. If the landlord sues you, then you may use the escrow law in your defense, and ask the judge to set up an escrow account.
Your landlord must know about the problem but not fix the problem within a reasonable amount of time.
It seems he knows about the mice problem, and is trying to fix it with an exterminator.
Now you have a insect infestation and that is a new problem. The landlord should be notified by you in writing. Phone calls to the maintenance department are not enough. If the landlord receives a violation notice from the Health Department, he will have been adequately notified of the problem. So contact the Health Department and let them investigate. You say your apartment complex is a slum, then you should document all the repairs that are needed.
The landlord must be given a reasonable amount of time to correct the problem, perhaps 30 days depending on the severity of the infestation, possibly less time. It doesn't matter what they blame it on (construction or whatever). If the condition exists, that's all that matters.
Hopefully, the exterminator will be able to take care of both the mice and the insects. If the problems still exists after the exterminator's visit, then document the condition of the problem as extensively as you can.
If you changed the locks on your door, you must make sure the landlord and his exterminator have access to your apartment, otherwise the court may rule you are preventing the landlord from taking care of the problem and making needed repairs.
Also if there are any other repairs to be done in your home, the landlord must have access. Read your lease. You may be required to provide the landlord (or his agents, the maintenance department) with a key to your new locks.
You asked about using an attorney. You have to use your judgement as to whether you need one and want to pay the expense of one, or not. It is a court proceeding. Your evidence must be solid, your case must be solid for you to prevail. Remember if you decide to stop paying rent to your landlord, and the judge decides in your favor allowing an escrow account, then all the rent due as of that day must be paid to the escrow account. It could be several months. In other words, if you stop paying rent to the landlord, do not spend it on anything else because it will need to be deposited into the escrow account eventually. On the decision of the judge, money from the escrow account may be used to pay a third party to complete the repairs. If the repairs are not completed within 6 months after the escrow account if created, it's possible the judge may return the money to you.
If you are in an apartment complex, it might help your case if several tenants band together and follow the same legal course of action. Contact your neighbors and find out if any of them have already started legal action.
For more help, your city might have a Neighborhood Housing Office or Tenant's Rights Office that will discuss the problems you face, and offer advice for free.
The person eating your food and stealing dvd's is a separate problem. Call the police and report it. Send a written complaint and a copy of the police report to both the landlord and the maintenance company.
.
How do I put my rent into escrow and do I need an attorney?
file a complaint with the Health Department in your area. File a complaint with the Police Department as well. Usually the Health Department will come out an investigate your complaint then your slum landlord will have to come up with Papers or something to prove that they fixed the problem. Take pictures!!!!!Talk to a lawyer. Y have u lived there 2 years!!
Keep a record of everytime you call the landlord for something. include when they responded, if they responded, time you called etc.
How do I put my rent into escrow and do I need an attorney?
You may do two things if a dangerous condition exists in your rented home.
1. You may file a lawsuit to mandate repairs. The court will schedule a hearing.
2. You may stop paying rent. If the landlord sues you, then you may use the escrow law in your defense, and ask the judge to set up an escrow account.
Your landlord must know about the problem but not fix the problem within a reasonable amount of time.
It seems he knows about the mice problem, and is trying to fix it with an exterminator.
Now you have a insect infestation and that is a new problem. The landlord should be notified by you in writing. Phone calls to the maintenance department are not enough. If the landlord receives a violation notice from the Health Department, he will have been adequately notified of the problem. So contact the Health Department and let them investigate. You say your apartment complex is a slum, then you should document all the repairs that are needed.
The landlord must be given a reasonable amount of time to correct the problem, perhaps 30 days depending on the severity of the infestation, possibly less time. It doesn't matter what they blame it on (construction or whatever). If the condition exists, that's all that matters.
Hopefully, the exterminator will be able to take care of both the mice and the insects. If the problems still exists after the exterminator's visit, then document the condition of the problem as extensively as you can.
If you changed the locks on your door, you must make sure the landlord and his exterminator have access to your apartment, otherwise the court may rule you are preventing the landlord from taking care of the problem and making needed repairs.
Also if there are any other repairs to be done in your home, the landlord must have access. Read your lease. You may be required to provide the landlord (or his agents, the maintenance department) with a key to your new locks.
You asked about using an attorney. You have to use your judgement as to whether you need one and want to pay the expense of one, or not. It is a court proceeding. Your evidence must be solid, your case must be solid for you to prevail. Remember if you decide to stop paying rent to your landlord, and the judge decides in your favor allowing an escrow account, then all the rent due as of that day must be paid to the escrow account. It could be several months. In other words, if you stop paying rent to the landlord, do not spend it on anything else because it will need to be deposited into the escrow account eventually. On the decision of the judge, money from the escrow account may be used to pay a third party to complete the repairs. If the repairs are not completed within 6 months after the escrow account if created, it's possible the judge may return the money to you.
If you are in an apartment complex, it might help your case if several tenants band together and follow the same legal course of action. Contact your neighbors and find out if any of them have already started legal action.
For more help, your city might have a Neighborhood Housing Office or Tenant's Rights Office that will discuss the problems you face, and offer advice for free.
The person eating your food and stealing dvd's is a separate problem. Call the police and report it. Send a written complaint and a copy of the police report to both the landlord and the maintenance company.
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How do I put my rent into escrow and do I need an attorney?
file a complaint with the Health Department in your area. File a complaint with the Police Department as well. Usually the Health Department will come out an investigate your complaint then your slum landlord will have to come up with Papers or something to prove that they fixed the problem. Take pictures!!!!!Talk to a lawyer. Y have u lived there 2 years!!
Keep a record of everytime you call the landlord for something. include when they responded, if they responded, time you called etc.
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