Served papers for no reason : ezLandlordForms

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Tom P

started a topic almost 15 years ago

In October my wife and i were told by the landlord that she was selling the house and asked if we would be interested in purchasing it. We told her no that we werent interested and she told us that there were some people that wanted to come to look at it. She also stated that we could continue to live there while the house was up for sale. The middle of november come around and she said that the people that looked at the house one month prior were in the process of buying it. She told us that we would have approximately 30-45 days after closing of the house to be moved. We just figured that would buy us more time to find a house. Well on dec. 8th the landlord called my wife and asked if we had found anything yet. Well she wanted us out on the 16th of december because they didnt want to close on the house with us in it. My wife just asked if we could stay thru christmas and be out by the first....she said that would be fine. Four days later she serves us with papers.

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Tom P

said almost 15 years ago

Couldnt fit everything in the above thread. My wife and i are good renters and it boils me to be served papers when we have already agreed on a date to be out of the house. Now we will have to pay 141.50 because the papers were served on us when we go to court. Does anybody else think this is kinda nuts?

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Stan M

said almost 15 years ago

If you have a lease, you should be able to stay yhere until the lease is up or you agree to move earlier. If you're renting on a month-to-month, the landlord is required to give you a 30 days notice and it must be in writing. In other words, if you were not served with a 30 days notice yet, the clock doesn't start ticking until you receive a written notice to move. In California, a 60 days notice is required if a tenant has lived in the property more than 12 months. Check with your state law. As for the notice, you didn't specify the type of notice. What is the $141.50 for?

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Donald G

said almost 15 years ago

You do not have to move until you get a written notice , a lease keeps you in until the lease has expired. You think your landlord could of said to you earlier the house was just sold start looking as soon as possible

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Tom P

said almost 15 years ago

Our lease expired October 1st and switched over to month to month. The 141.50 is amount she had to pay to serve us the papers. That we are liable to pay her back if the judge is in here favor im guessing. We were not told anything about having t0 leave the house until this month but nothing was in writing. We have court on monday morning and she told me they are suppose to close on the house tuesday morning. So i dont know what will happen. I contacted her yesterday and told her this absolutely does not make one bit of sense to me. She is a rookie landlord and doesnt understand what she really has done because it makes my wife and i look really bad. I let her know by taking us to court was a last resort and that before now we should have gotten a written notice. She told me that this was the only legal way she could have a date on paper on when we would have to be out of the house. She should have given us notice way before now to be out.

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Stan M

said almost 15 years ago

Tom, Check this site out for info about renting on a month-to-month http://www.rentlaw.com/eviction/tenneviction.htm I believe the Courts will rule on in your favor. You may also want to consider trying to collect loss wages and expenses, if any. Since court is Monday, make sure you appear even if she states she has changed her mind. It's too late to cancel and you don't want to loss by default if she shows up. Good luck and keep us informed.

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Tom P

said almost 15 years ago

Stan we recieved the papers that were served on us and they are eviction papers and for us to appear in court.

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Tom P

said almost 15 years ago

I read over the eviction process from that website. On the website all it says is that we should have been given a 30 day notice.....it doesnt say written so i dont know if an oral notice would hold up in court because on the papers that were served it said we were given a oral notice in which we most definately werent.

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Stan M

said almost 15 years ago

Normally a written notice is required. That website also states that if renters losses, you have 10 days to appeal the eviction. Just explain to the court what was discussed with the landlord and that you were waiting for a written notice to move. Also explain that the landlord became unreasonable after the new buyer wanted the place vacant before closing. The Court is not there to evict you just because landlord and buyer can not agree before on terms of sale. It's there to make sure landlord followed proper procedure in giving notice. It appears that landlord didn't give you notice but only discussed sale of property and possible move.

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Tom P

said almost 15 years ago

Thanks stan for all the info. You have been a big help.

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Stan M

said almost 15 years ago

Tom, Here's another site that will be of interest http://lawdigest.uslegal.com/landlord-tenant/uniform-residential-landlord-tenant-act/5103/ Specifically, "Termination of periodic tenancy - Holdover remedies" section b

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Tom P

said almost 15 years ago

Thanks stan for all the info.....the case was dismissed and i wasnt at fault to pay any costs. Judge just said that they should have gave us notice before we went to court and the landlord looked like a complete fool in court.

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Stan M

said almost 15 years ago

So now that you have 30 days minimum to move out and she needs to close asap you might consider moving out sooner provided she helps with the moving cost. When I sell property, I explain everything to the tenants, ask them to keep the place clean, co-operate with showing the property and give them 60 days notice and return all their security deposit + $1000 provided they do not violate the lease agreement. If you make an agreement w/landlord, make sure it's in writting and both of you sign it at the same time. Merry Christmas :-)

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Tom P

said almost 15 years ago

Well i told the judge i would be out by the 15th of january which will be earlier than the 30 days. We have another court date on the 7th to make sure we are in agreement since he could not make a judgement today for the plaintiff since they did not give us notice before bringing my wife and i to court. I believe the landlord is not happy with us right now but we never were told a date to leave. I have made an attempt to talk to her but havent heard back.

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Stan M

said almost 15 years ago

Did the Court tell LL to serve you w/a 30 day notice? What did Judge say when you mentioned that you would be out by the 15th? Be careful here. If you don't recieve a 30 day notice to move or you don't give a 30 day notice you could be liable for full months rent. If you receive a notice to vacate on Jan 31st and you move on the 15th, you could be liable for 15 days rent unless you get a written letter stating if you move sooner, you will only be responsible until you vacate.