Contest the eviction proceedings
take the plea that you are senior citizen with poor health
3) that you have always paid rentals on time .
4) no case of eviction is made out
Can I be evicted based on prejudicial Landlord who will not tell me why they are evicting me
I am being evicted for the actions of another person, most likely. The Manager has harassed me, threatened me and is being very hostile. I have been on very good terms with all the different managers over the years, up until just recently. I am 70 yras. old and in very poor health. Moving would be traumatic for me and could possibly result in a stroke or heart attack that could lead to permanent disability! Simply a bad time to have to uproot my entire life and put me on the streets. My credit was ruined recently due to identity thief, physical robbery and checking account robbery. So, nobody will rent to me without credit. This will sound odd, but, to me at my age it is easy to read people in general. The two Leasing Managers are behaving like immature teenagers competing in some kind of power grab. They are rude and personally degrading to me saying I don't understand plain English and simple words. They have abused their power and I feel that they have no grounds to evict me and they still won't say why. My Court Date is this coming Mon. Jan. 24th at 10 am. I would appreciate any leads to find legal precedent, citations, rulings, etc. that I would be able to take to the Justice of the Peace this Mon. to convince him to rule in my favor. Thank you!
Asked 4 years ago in Property Law
Religion: Christian
9 Answers
I regret having to use up my free follow-up question; however I neglected to say that I am renting month to month, so I have no lease at this point. I have been month to month for about a year looking for a different location but have decided that this is the best option for me as well as the best price, square. footage, etc. Then a NEW Manager refused to allow me to sign a new lease; which is what we talked about over the last year if I didn't move, out. She said I needed to remove some boxes in my apt. I said sure, no problem I emptied a storage unit and I'll finish that up immediately. She gave me 2 weeks. I did that all except a few boxes stacked neatly out of the way. She still wasn't happy. My rent has always been paid on time except one time, in which I paid extra for being a day late. I tried to pay rent Jan. 3rd and they wouldn't take it, nor would they talk to me, To explain my first sentence, my daughter was asked to sign a form last summer stating that she could not come on the property or she would be trespassing. The Property Manager (not the Leasing Manager) told my daughter and myself that my daughter could come and visit me, but she could not stay overnight. Since that time she has stayed away completely. Then one day she was here and the Leasing Manager called and was threatening me with eviction if my daughter didn't leave in five minutes! I was shocked, confused and felt like this should have been communicated to me in writing and that this issue of my daughter being here to visit was the standard set by HER BOSS, the Property Manager. Another time my daughter was in my car with me driving and the Leasing Manager stopped us in the car and said she couldn't be on the property while in my car! Another change without reasonable notice in writing. My daughter has not violated the terms! This is the other perrson I am talking about and that I am being punished for something she didn't do!
Asked 4 years ago
There is no legal bar to your daughter visiting you
she can even stay with you in the apartment
these are unreasonable restrictions
better option for you is to move out to more tenant friendly landlord
You can only be everyone evicted under grounds given in the specific Act under which the said property is situated. Only for ownership property the land Lord doesn't need to give you any reason except under agreement for some terms
- You can approach the court of law after filing an Injunction suit to restrain the landlord to take possession from you .- Further, you can also approach under the Senior citizen Act as well for getting relief.
Since the matter is before court you may have to defend your interests on merits and documentary evidences to support your cause.
At this stage since the landlord has already approached court you may either compromise with the landlord or challenge the case on the basis of the plights you are facing now.
It is not known that what was the exact cause of action for the dispute that is going on between you and the lessor.
However since you had been paying the monthly rental amount regularly, the court may not entertain their eviction petition for the said reason.
You have to properly challenge the case.
Dear Client,
A tenant has certain rights which are protected by the law. He can approach the court and seek a legal remedy in case of illegal eviction by the landlord.
Almost all states have rental control laws pertaining to the protection of tenants. Each state has given certain grounds under which the landlord is legally allowed to evict the tenant. However, the violation of tenancy laws are commonplace in cities where it is not easy to find a rental home immediately if the landlord asks his tenant to vacate. As per the law, a tenant has a legal right to go to the court and defend himself against an illegal eviction.
The following remedies are available for the tenant as per his/her respective state laws:
Grounds for eviction
Often non-payment of rent, rent agreement violation, property damage and illegal activity are key grounds for a tenant eviction. Therefore, the tenant must refer to the provisions of the State Rent Control Act to find out the grounds for eviction specified under the Act. If the landlord has evicted the said tenant on any ground other than the ones specified in the Act, it will amount to unwarranted eviction and the tenant must thereafter seek the help of law and the enforcement bodies to prevent this eviction.
Suit for injunction
Many circumstances may come when a tenant cannot vacate a house at the request of the landlord. There may be a medical emergency or he may have old parents living in his rented house. In such cases, the tenant can file a suit for injunction, in an appropriate court to legally impede the landlord from evicting the tenant on any other ground (not mentioned in the State’s Rent Act). This step should be taken by the tenant in case the landlord forces the tenant to leave the premises without any appropriate notice.
Rent Controller
In case a notice of eviction on false grounds is sent by the Landlord to the Tenant, the tenant should visit the Rent Controller of the appropriate jurisdiction, thereby stating his/her reasons to challenge the notice of eviction. The Court will then summon the tenant and he/she will be required to present his/her case and reasons supporting the requisite evidences.
Notice of rent payment
If the landowner points that he has not received the due rent and states this as the ground of putting forth the notice of eviction, then the tenant may rightfully request the landlord, through a written notice, to send his bank account details so that he can make the transaction and thereby, deposit the unpaid rent. After acknowledging the same, the landlord shall provide the details to the tenant before the end of 10 days from the date of receiving the said notice.
“When tenant receives the requested banking details, he needs to make the deposit transaction as soon as possible. However, if the landlord does not respond to the said notice within the given period of time, the tenant has a right to send a money order of the respective rent amount,” said a legal expert at LawRato.
“In case, the landlord refuses to accept the money order or declines the receipt of such transaction, then the tenant has the right to approach the court and file a petition. The court may issue an order to the landlord and compel him/her to take the rent,” added the expert.
Remember, you should not accept eviction if you need the house to live and cannot afford moving into a new place immediately. You can always defend your rights and get a legal remedy in case of violation of rental laws by your landlord.
1. The query is deficient in required details.
2. Are you in a Old Age Home or a hostel run by charitable organisations like YMCA where certain rules are to be followed?
3. If yes, then you can approach the its Governing Body to get the relief.
4. However, if eviction suit has already been filed then contest it fittingly.
1. Was there any term and conditions set for the leases for taking the apartments on lease?
2. Has there been any mention of such terms and conditions in the lease agreement which you have signed earlier?
3. Write to the Property Manager informing that you want to renew your lease and ask for papers for extending the lease to keep in record that you have already expressed your interest to extend the lease but the said Manager did not respond.
4. No body can be evicted or nobody's application for extension of lease can be refused arbitrarily without showing any ground.