RPA Tenant Rights Blog » eviction

Wrongful eviction

good tenant bad manager — Thu, 02 Jan 2014 16:17:12 +0000

Can my Landlord’s porperty manager do this? I have resided here for almost 9 years, 5 of which this landlord has owned this house. I am a good tenant, pay my rent on time, and care for the property as if it were my own. Last June, my Landlord hired a property manager. This woman has been very difficult to dal with in every situation with her. She previously placed bad tenants above me that I had to call the police on in 1 week, and they were removed by the end of mthe their 3rd week here. Weds, the night before Thanksgiving, she called at 8:44 PM and told my son she was coming in here Friday after Thanksgiving with an exterminator to spray my house. I was out of town from 7 PM on weds, and did not return howme til after 10 PM on Thursday, which is the first time i saw my son, and checked my aller ID, and he told me about her call. I sent her an email, and told her that I am cooking my entire holiday meal friday, and am sick as well, and that she needed to reschedule the exterminator for the following week. ( she managed 6 properties for my landlord. but manages 24 all in total). I called her friday morning to make sure she checked her email, and she asid she did not- And stated that she would be coming through with an exterminator this fater noon. i started to tell her no, and the reasons why, and she talked over me, and I hung up on her. I called my landlord, and left hima detailed mesage- this is black fridsy, a day which most people are either recooping from the holiday or going out shopping all day! She should have taken that into consideration and scheduled this all for next week to begin with. After leaving this mesage for my landlord, I called her back to try to talk to her and explain why I am not oing allow an inspection and spraying in my home today, and she started screaming at me and threatened that if I didn’t let her in, I would be geting evicted, said that I have roaches and that she can’t rent the upper apartment becuase of them and she knows they are from me because there hasn’t been anyone living there since last July so they are from me. I have never had more than a few spiders and 2 baby mice in this house during the entire time I have lived here!

I have called my landlord, and am awaiting his reply- she alo tried to evit me in July becuase I called Police after asking her new tenants above me to please stop with the profanity everytime they walked back and forth by all my open windows, and Police came and asked me what I wanted, I said simply respect and consideration, they must be respectful of their neighbors. They agreeed, and This property manager came to my door and tried to evict me! I said wait a minute? I call the Police because they are disorderly and you’re evicting me? She said Yeah, 30 days get out. My landlord and I talked and he said no way, you aren’t goin anywhere you are one of my best tenants. And I am still here…Now I feel strongly that if she serves me with an eviction – for not allowing her to come in with an exterminator after calling my son like he did- Can I sue her for wrongful eviction? If thats the only reason she has to try to evict me, then she will need to work harder, because having a tenant with extenuating citrcumstances and ASKING TO RESCHEDULE , saying this cannot and will not be done today brcause I am ill and am cooking my holiday meal today- would most likely not be sufficient reasons to evixct someone when I have lived here with this landlord for 5 years and the only problems ever here are caused by the people that end up renting in the upper apartment. The former property owner here rented to many of people above me and we always got along ok with out any significant problems. I am not the reason that they cannot get a tenant in that apt right now- it has been vacant since last July, and it is shown frequently, I do not do anything to stop anyone from rentin that apartment, its just alot of stairs, and small and expensice for the size. thats not my poblem.,,,But is my denying her coming into my aopartment sufficien grounds to evict me because I am not allowing her in today and have asked her to reschedukle? Its bad enough shes accusing me of having roaches! Idf i had roaches, we would have seen evidence of them long long time ago- there atre NONE. Anyone can you help me calm my nerves, I am really ill too on top of this today. I would appreciate a prompt answer~~~

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Mobile home rental

elsa — Sun, 28 Jul 2013 06:18:54 +0000

I was evicted and the day I was visited by the sheriff he left and seven people moved my things out onto the street. One of them was seen loading his vehicle with my tools and other items. I was allowed to go back to get my things but then they kicked me out because they got angry. They did not allow me to get the rest of my things and now I don’t know if they are still there. I can’t afford a attorney and the free legal place told me they could not help. What can I do

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Can my landlord evict me for no reason?

Eric — Mon, 22 Jul 2013 05:09:23 +0000

Landlord said to get out by Oct. 31. Its Oct.09 and I don’t have anywhere to go. Can the landlord just boot me out like this? The rent is on time and no other reason for me to leave until I can find another place to rent.Do you have any solution on landlord evict ?

Eric H

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Eviction questions

I NEED SOMEONE'S ADVISE FAST! — Sat, 19 Jan 2013 10:31:25 +0000

I need help determining something. I paid my rent with a personal check. Unknown to me (seriously), the check had bounced. A month later, I was notified by letter stating that I had to pay the past due rent and was giving ten days to do that. Well, I didn’t have the funds to pay the past due amount and next month rent before the given date. Well, the landlord filed for an eviction. On Friday, of that same week, the past due amount and the next month rent was paid. As well as, the returned check fee and the court cost fee. I was told to get the eviction off, if I still wanted to live in the unit, I would have to pay the court costs. So, I paid a total of $1,225 to the landlord. Now, I’m not saying it’s their fault or anything for evicting me. It was mine b’c I should have kept tabs on my checking account. Weeelll, I went to apply for an apartment and come to find out the eviction was on my credit report. The L.L was called again b’c I wanted to know how long would the eviction be on my credit report and I was told, It would come off once I pay the court costs. I guess the court costs was like $475 or $625. Being that, I already paid $150 already. Aren’t they suppose to give me some type of written documentation? Stating that I’m paying fees to stay in my unit? And why is the eviction still on my credit report? Then to top that off, I was told that the eviction would still show on my credit report when I’m done paying the fees is this right?

1) I would like to know, how much are the court fees to file an eviction on a tenant? ( one adult in the unit)

2) Is there an additional fee if the eviction was cancelled and the tenant remains in the unit?

3) How long does evictions show on your credit report?

4) What type of documents can I obtain from the landlord or either the courts to show proof that I’m paying the court costs?

5) Can evictions be exspunged?

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Eviction on credit report

Barber — Fri, 24 Aug 2012 01:00:26 +0000

Hello, we come from a really small community. We rented a house and had no problems for 3 years. Our current property manager became seriously ill, and stepped down. When the new property manager came to meet us, it was horryfying, he was a man whom my husband had testified against in in a criminal case years before. There reason for the eviction was that they needed us out because the house needed to be remolded. I believe the eviction itself was done totally out of spitefulness, due to the fact that my husband testified against him. We had a meeting with the parties in this case outside the courtroom, and came to a personal aggreement: we no longer wanted to live there due to the fact that we didn’t feel safe with that property manager, and we would not contest the eviction at all, because we wanted to move out immediately. So, they decided they didnt want to continue jumpiong through all of these legal hoops, due to the fact that there were not any arrears in rent, and we would be moving out expeditiously. When we entered the coutroom. the lawyer stated that we had resolved this matter privately, and the eviction process was no longer needed.

I became appalled today, when trying to rent a property, I was told that there was an eviction on my record. It shouldnt be there because they dropped the eviction. Even on my credit report the judgement, and monetary judgement areas are blank. If there was a completed eviction it would have the results of that in those boxes. I am not wanting to challenge that at this point because the date of the filed eviction is7/02, and I am hoping that it will drop of July 1, because it will be seven years old at that point.

What happens if it isnt removed? What actions can I take? Are evictions supossed to be dropped after seven years?

Thak You,

Barber

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Threatening eviction without cause

Tenant — Sun, 17 Jun 2012 17:49:20 +0000

I moved into my apt with a friend of mine back in Sept ’08. January we had our first complaint. My roommate showered with music on (around noon on a Saturday). We found a note on the door a few days later as a courtesy by our front office informing us there was a complaint. When I called the office to find out what this was about I found out the neighbor had initially complained about that incident but when the front office said it was during the day the neighbor added we had a party and music was turned up until 4am. (FYI, there was no party…we were asleep long before that) I informed the office there was no party and she said it was no big deal. I told her to make sure if he had any issues like that again, to call the police. I would much rather there be a record of an incident or lack thereof. The 2nd incident was again on a Saturday, 5pm. I was playing music (and not at all at a loud level) for approx 20 minutes before I went to work and he didn’t like it. This time he came knocking on my door. I didn’t answer. I called my office on Monday and told them to inform him to never knock on my door again and he should contact the police dept if he has any further complaints (again). The 3rd incident happened this past Sunday at 730pm. I had my music barely audible outside the room I was in and he came knocking on my door. I again looked through the peephole and didn’t answer. He left and returned 5 minutes later. Again, I didn’t answer. I turned off my music at 750pm. The front office contacted me on Tuesday to inform me of the complaint. Supposedly he called the police who told him to let the front office know he had called. Police were never dispatched because it was before the 10pm quiet hours the town has. My front office tells me I’m on temp probation and if I get another complaint they will seek to evict me. I told them that if they were going off of just what he says and no police reports, he could just lie and say whatever he wanted. She had no response. So, now what? Can they really do that? If they do evict me, am I liable for paying the remaining balance on my 1 year lease?

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Stop eviction!!

Vern — Thu, 26 Apr 2012 13:54:05 +0000

Here’s my problem, I was leasing a home /boyfriend, I moved out when the lease was up in June, I verablly informed the owner that I was moving and he was staying. He never paid rent and so I just found out he was evicted, so I looked up his case in public record and my name was on the unlawful detainer. I have never received any paperwork for this. It looks like so far there hasn’t been any other paper work for monies due/owed. Just Unlawful complaint Disposition. What can I do to remove this eviction? This happend in the Northern part of Ca. and I am now in So. Cal? do I have to go up there to take care of this or can I take care of it down here? HELP? How can I stop eviction? I don’t want anything else to go against in court. I don’t know if there is anything I can do now to remove this eviction, I haven’t lived there in 3 months!!!

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Landlord Sewage Backup

jeffcsr — Thu, 17 Nov 2011 19:57:55 +0000

I have feces coming up my shower drain everytime my neighber flushes his toilet, or uses the sink, because my landlord wont fix the sewage backup. my oven has never worked,in the last year my apr has become infested with cockroaches,,most of the 3 in siding has falling off the wall 3 of my cupboards have fallin , the owner has ignored all my conplaints, and now raised my rent,,i have nat paid for the month of oct, and now instead of fixing the prob,,,i got a eviction notice,,,what do i do

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Landlord notice to pay rent or quit or move in 5 days

Billtazman — Tue, 25 Oct 2011 09:12:32 +0000

Im behind on rent this will be 2nd month lanlord has first and last rent when i moved in. I received a notice to pay rent or quit wich states i have to pay 2 months rent or move out in 5 buisness days is that legal. Also hand written letter saying matter has to be resoved by Tue wich is 2 days short of 5 buisness days. Im not trying to not pay but havent worked for a while and trying everything possible to resove this any advice THANK YOU soon to be homeless.

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Can he evict?

Dee — Fri, 07 Oct 2011 07:38:03 +0000

we rent a single family house in College Grove TN. In January the hot water heater went out. Contacted our landlord and told him we had contacted manufacturer who advised we replace lower heating element. We bought the element and special too required to remove the old element but that we could not get the old element loose. Landloard came right away to replace it but he couldnot do it either. He contacted the manu and ended getting a new heater under the warranty. However, he did not have the skills to put new one in and landlord contacted local service repairman. Unfortunatly the landlord did not have the money to pay repairman for the services so I paid the repairman in cash. When I paid the Feb rent I sent landlord a copy of the paid in full receipt and deposited the balance in landlord’s bank account. (this is how rent is always been paid per landlord’s request). Landlord called and left a voice mail that we could not do that, we woulld at least have to pay half of the repair bill (?). He also stated he was going to sherrif’s dept to file eviction since we had not paid rent in full. Several attempts to contact landlord have failed neither he or his wife will answer phone or return calls from messges I have left them. So because of the threat I went ahead and deposited the 1/2 of the repair bill in to the account, still can not understand why we needed to do that but to keep good terms bit the bullett and did it. Still can’t get response from landlord. Can he evict us?

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