How can I prove that my soon to be evicted tenant is lying when he is suing me for harassment?
How can I prove that my soon to be evicted tenant is lying when he is suing me for harassment?You don’t have to prove that you didn’t harass him.He has to prove that you DID. He has to show evidence - threatening letters or emails, recordings of you screaming at him through the windows, etc.The landlord I work for recently had a tenant try to claim something similar. He also claimed that when he asked for his security deposit back, she refused on the grounds that she didn’t have any money. The TRUTH was that she refused because he had only just given notice and hadn’t moved out yet OR paid his rent for the month. Even the judge asked him why he expected his security deposit back when he a) owed back rent and b) hadn’t moved out yet. (We were told by the company that served him his eviction notice. As part of their service, they follow up at any court proceedings.) We didn’t have to prove anything.The burden of proof is on the one making the accusation, not on the accused.
Who has the burden of proof in eviction case?
you're able to desire to verify the owner/tenant regulations of your state. it constantly surprises me whilst tenants do no longer understand the regulations that pertain to them, yet i assume if i survive this board i'm going to recover from the ask your self ultimately. the only grounds the owner might could desire to start the eviction technique may well be your nonpayment of hire. the subject of breaking in isn't something to do with you, in spite of the reality which you probably did no longer make it sparkling in the experience that your brother lives interior the home with you. She can't evict you because of the fact of defacement of her sources, which you probably did no longer do. back, verify the regulations. And discover the thank you to pay your hire. It seems such as you do no longer desire to grant this landlord yet one extra reason to be on your case.
Can a roommate on the lease evict another roommate on the lease without landlord's knowledge?
It sounds like she is not on the lease based on what you say. However, you do not have a legal right to "put her out" if she lives there now. Your landlord says that you are "both tenants" because if he were to evict her, he can't. He has no agreement with her. He does, however, have an agreement with you. A month to month lease is basically a continuation of the signed lease you do have on a 30-day basis. Therefore, to get her out, he would have to evict you and all tenants. You must give her a reasonable time to vacate the premises, 30 days. This must be supplied to her in a written request. If she fails to vacate at that point, you will need to file an eviction with the courts. It will take quite a bit of time and money though. It also may upset your landlord. You may run the risk of your landlord getting sick of the drama and give you a notice to leave. Was it against your lease to let her move in? I would try to work it out or find out what it will take to get her to leave on her own accord.
Can I evict my tenant for non payment if she has cancer?
You need to take this situation to your CAB. Something isn't quite right here as most tenancies start with a 6 month fixed tenancy during which both parties have to have agreed to the tenancy, for 6 months. If there is non-payment of rent, not you returning her rent because she did pay it, then I guess you do have grounds for evicting her. How do you KNOW she had cancer? I'd regard that with a degree of suspicion unless you had proof of her medical situation. Even if that would legally make any difference to this situation. You need professional advice here and you'll get that free to begin with via the CAB. Verbal or physical threats should be taken to the Police.
Can a landlord evict you if she refuses to give you a lease agreement or contract?
NO SHE CANNOT JUST KICK YOU OUT!!!I hate those kind of landlords .Check out yout tenent rights in your state.Call the county courthouse they can tell you who to call.Here in Texas it takes 3 months to actually get some one out/ from start to finish.If you have to do the repair yourself keep all reciepts and charge for labor as well as the toliet.Then deduct ot from the rent. Then if she wants to take you to court let her.Call your local legal aide office.They can help ! Keep a record of every conversation you had with her and someone knew you were moving there.You have a witness.. or witnesses .Send her a certified letter of your intent and keep a copy.make sure it is witnessed.I get my postmaster to witness it before I seal the envelople. .Good luck .PSIf you have no money ask a friend if you could put the repair on a credit card and then pay them back.From here on out get everthing on paper!!! Try to find out the exact problem and go from there,ask a friend if they can help out or ask someone here in yahoo to give you instructions on how to fix it.There are wonderful people willing to help here.
Can a landlord in Texas evict you without reasonable proof of making excessive noise?
there's a distinction between what the owner has a perfect to do and what's going to honestly take place. It in all danger will come right down to rules on your locale and precedents that have been set on your area. helpful, the owner can attempt to evict you, and he in all danger would not would desire to grant you previous word, yet once you're taking them to court docket, the choose will maximum probably brush aside the case, except the owner has a extra compelling argument for evicting you. as an occasion, in case you haven't any longer paid hire for 3 months then you certainly would be evicted and you rather have not any protection. on the different hand, I even have seen a case the place it grew to become into reported interior the apartment contract that there have been quite no pets allowed, and the owner tried to evict the tenant (by using fact they had a introduced in a puppy some months after shifting in) yet while the case went to court docket, the choose asked if the puppy has now been bumped off and because it were the owner grew to become into no longer waiting to evict, so which you do have some rights and in case you prefer to take legal action (that would desire to be intense priced - no longer a lot monetarily yet quite an investment in time spent, so which you will weigh your ideas), you in all danger is in simple terms no longer evicted in simple terms by using fact your baby is making "noise." with a bit of luck the owner has no longer been "development" a case against you for eviction, and you get a lenient choose. good luck.
If you get evicted from a house you own, do you keep the house?
“ Evicted?” If you are a homeowner…. If you default a mortgage payment. Or no buyers are willing to buy your place for a long time. The lenders will send you a advance notice for you to leave. You will need to find another place to move and arrange for a moving company in advance. On that day of vacant. The lenders will come to your residence to inspect the property to change the locks. If They find that you are still in the house. THEY WILL CALL THE SHERIFF. To show them proof that property is foreclosure on that date of vacant. The sheriff will tell you to Put your belongings outside right now. That is not going to be a pretty sight. Very messy, I’ve seen that before. Until you find a truck or call somebody for help. They will change the locks immediately and lock the windows too. Posted a warning.Your house will goes up on real estate listings foreclosure sale. Or auction at court house steps. If you default in paying rent on apartment or rental house or businesses. They will give you a advance notice to vacant. If you don’t. Sheriff will come to evict you too.If you fail to pay property taxes on residence or commercial or land. City or IRS who have lien on your property. They will send you a notice of payment arrangements many times if you ignore it. If default so, they will give you a advance notice to vacant too. They can seize your property and boarded up your windows and doors and posted warnings that property belongs to city or IRS. If you went away on vacation and When, you return and you will find that your place have been seized and with your belongings inside. Too bad!They will sell or auction on tax sale too. Remember about eviction if you don’t pay on rent, mortgage, or taxes. They have a right to throw you out.
Can you get an eviction notice without having a lease agreement?
You don't mention where you are living, and the answer to this question is dependent on your local / state laws.However I will answer in a general sense using my state’s laws, and I encourage you to look up your local laws or speak to local legal council familiar with real estate so you are best protected.Where I am located, yes, you can be served eviction papers if you have no written lease agreement. You don't just get to squat somewhere in someone else's property for as long as you want, sorry.The timeline on how quickly that eviction paperwork can be filed is based on how often you typically pay your rent, as this exchange of money creates a sort of verbal lease agreement.Do you pay your rent weekly? Bi-weekly? Monthly? Can the landlord show that you typically give him weekly rent, but for the past month you haven't paid, and refuse to leave? Then yes, he can file an eviction for non-payment, and you will receive a form letter from your local clerk of court explaining your rights in the matter, which should include having a chance to write a letter to the court explaining the situation. This letter may grant you a hearing before a judge, which you would have to attend and tell your story in order to convince the judge not to evict you.Anywho, again, look up your local “Landlord Tenant Act”, and if possible, look for council who is versed in real estate.
Can I evict my girlfriend?
Someone asked if I am accepting her money. Yes but only for the current month. In other words, she has paid for December so I would not ask her to leave before then. In fact, I would not just put her out on the street. But if it comes down to me needing her to go I would allow her at least a month to relocate. She would, however, have to pay rent while she is here. After all, if she was living in an apartment and wanted to move to another one she would still have to pay rent at the first place until she moved out. I don't want any of her things. I just think she has some real issues that are starting to impact my kids. I don't mind her being mad at me but saying some of the things she has said in front of my daughter (while talking to me) were unnecessary and I think my daughter (15) is getting stressed out by her being here too.
Can you get an eviction if you already have a 60 day notice to vacate?
The usual suspects are giving you incorrect answers on here… Please folks, downvote these answers that say “NO”, that is ridiculous, we don’t have enough details to say she couldn’t get this eviction notice. It would be helpful if you’d give us the following information: are you on a long term lease, or month to month? did you give the notice to your landlord, or vice versa? and was this notice due to the lease ending, or due to behaviour that your landlord felt violated the lease?Yes, you could get an eviction notice. The two have nothing to do with each other, a notice to vacate will typically be from your landlord, saying your time is over, though it could be from you to your landlord as well. If from your landlord, and you don’t have a lease, or are now on a month to month tenancy, barring some local rules, etc, this would simply serve to give you a move out date. Where I do business, I would only need to give you 30 days notice, but I typically give 60 days anyways. However, the mere fact that I told you I want you out, would not prevent me from using any other recourse to make sure you got out. Particularly, if you are violating the lease in a serious manner, or have not paid rent.