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Ludwig van Halen posted:I dunno, maybe the automatic month-to-month rollover is meant to keep landlords from kicking people out of their homes the day their lease ends or something. P. much, that and to protect landlords from people bailing at the last minute, which improves the rental market and lowers the costs of rentals for prospective tenants.. Unfortunately, we all have to share the same laws with every other dickbag and fuckup, so things that work for certain people are working against you in this situation. But really, PM Shakeman - he's the only one who can tell you the right information.
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Apr 13, 2017 16:38
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Alchenar posted:
Thanks. So, even if the lease had converted to month to month (it hasn't), three tenants on a lease should generally not be treated as a single tenant and don't all need to agree to terminate the lease? I've read some conflicting information on this. I'm sure it'll work out either way, but I'm curious if I should be prepared to hear that argument from the landlord.
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Apr 13, 2017 17:24
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So I got a roommate evicted from my place a couple months back because he lied about having a job and didn't pay rent. He never changed his mailing address, and while I've been marking his mail as "return to sender not at this address", he's been constantly calling the police telling them that he's been refused entry to his place of residence and showing up at my door trying to presumably collect his mail (aka trying to get back inside). I've already scheduled a legal consultation about this whole deal. However, until this is handled, I don't see him stopping making visits with officers. My question is, what is the absolute minimum I should tell the police to make these visits as fast as possible? I've got a copy of the eviction notice right on hand at the front door that I show them, but is a speech like "So-and-so was evicted on X date, all mail has been marked return to sender, and he is not allowed inside the house" good enough? Control Volume fucked around with this message at 02:34 on Apr 14, 2017 |
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Apr 14, 2017 02:31
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Fwiw, I can see Ludwig's side. Where I live it's assumed that the lease ends on a specific date and month to month only kicks in if the tenant hasn't vacated the premises by that date. It seems logical to me, what's the point of establishing an end date on the lease if I have to notify you again before leaving on that date.
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Apr 14, 2017 06:17
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I agree with what you're saying, but if the lease has a notification or holdover provision, then it's pretty clear.
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Apr 14, 2017 06:33
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Ur Getting Fatter posted:Fwiw, I can see Ludwig's side. The end date is so that the landlord can't just kick you out whenever they want to. Unless you're in Oregon, then you're hosed (at least in the regard.) Like, my mind is blown that you people (who are tenants) are so mad at these laws which exist entirely to protect you! It's like "Oh old Scrooge McDuck the slumlord isn't allowed to totally gently caress me over but in exchange I have to send one tiny little email or text or whatever before I move out, what a loving inconvenience I guess I'll just move to North Korea or something."
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Apr 14, 2017 06:37
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Unload My Head posted:The end date is so that the landlord can't just kick you out whenever they want to. Well it is poor drafting not to have a line explicitly stating whether or not the lease terminates at end period or continues unless notice is given.
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Apr 14, 2017 13:33
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Control Volume posted:So I got a roommate evicted from my place a couple months back because he lied about having a job and didn't pay rent. He never changed his mailing address, and while I've been marking his mail as "return to sender not at this address", he's been constantly calling the police telling them that he's been refused entry to his place of residence and showing up at my door trying to presumably collect his mail (aka trying to get back inside). I've already scheduled a legal consultation about this whole deal. However, until this is handled, I don't see him stopping making visits with officers. Was he evicted by a court or did you just kick him out?
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Apr 14, 2017 14:45
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Hot Dog Day #91 posted:Was he evicted by a court or did you just kick him out? This is pretty loving vital, lol.
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Apr 14, 2017 14:47
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Control Volume posted:I've got a copy of the eviction notice right on hand at the front door that I show them That's no guarantee it's from the courts, obviously, but it would also be pretty weird to show them some handwritten note paper saying "You're evicted" and call it an "eviction notice" Then again, I'm not a lawyer, and I'm sure you all have seen someone claim exactly that.
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Apr 14, 2017 15:26
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Grumpwagon posted:That's no guarantee it's from the courts, obviously, but it would also be pretty weird to show them some handwritten note paper saying "You're evicted" and call it an "eviction notice" I've absolutely seen one before. Edit: 2 actually!
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Apr 14, 2017 15:27
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blarzgh posted:I've absolutely seen one before. Gotta love DIY lawyering. Had a guy walk in with a homemade pre-nup. Had to stop myself from laughing in his face.
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Apr 14, 2017 16:45
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blarzgh posted:I've absolutely seen one before. This is why I asked. It sounded like he just kicked the dude out, which is probably illegal depending on jurisdiction.
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Apr 14, 2017 16:45
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blarzgh posted:I've absolutely seen one before. Yeah, I was all set to hit post after just typing the first line, then I remembered the horrors I've seen in these 600 pages, and added the second line.
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Apr 14, 2017 17:02
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lol its a legal cluster gently caress on my end (informal agreement for him to stay there a bit to get on his feet, he didn't have a key, formal 3 day notice given, no court order because I didn't know that was a thing which is why I'm lawyering up now) so I've basically accepted the fact that I might have to dole out some money if he challenges it and a lawyer wants to touch this at all
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Apr 14, 2017 17:38
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I can't wait for the E/N thread
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Apr 14, 2017 17:43
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ah poo poo I gotta prep for e/n ? *ahem* I did nothing wrong and I think I can now handle this without a lawyer
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Apr 14, 2017 18:00
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Oh god
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Apr 14, 2017 18:05
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I just changed the locks and put all his belongings into a bonfire, what's the big deal
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Apr 14, 2017 18:10
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Did you gently caress his mother/brother/cat?
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Apr 14, 2017 18:11
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So you orally agreed to take on a tenant then kicked him out without due process. If he came to me, I could have an order getting him reentry within one hour.
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Apr 14, 2017 18:12
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drat. I'm assuming the order for reentry would mean that he could squat here until I went through due process. Assuming he goes this route, would I be drafting up a new 3-day notice and then getting the court order for the actual eviction or is the current 3-day notice good enough (probably not but worth asking)?
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Apr 14, 2017 19:29
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JFC. If you live in a state that would consider him a tenant and not a boarder this could get super ugly for you. Even as a boarder you're probably screwing up. Changing the locks on a tenant is a crime that will dump a landlord in hot water quick. FWIW the cops aren't going away because you're "right" or "have a notice" or whatever you think, they're going away because they consider this a civil matter (which it is) not a criminal one. When it becomes criminal is when he goes to the tenant union and they give him Hot Dog Day's phone number and get a court order. And then it is you who is (probably) the criminal.
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Apr 14, 2017 19:47
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Maybe you should team up with that other guy who's forging signatures on stuff and get an "agreement" made that the guy moved out voluntarily Or change the locks back and gaslight the dude
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Apr 14, 2017 19:52
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Ive actually got a complicated system of lock changing where four different locks are rotated to be used on the door at any given time. The agreement that I forged with his signature has him agreeing to this condition so I think I've got a solid case here.
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Apr 14, 2017 19:55
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A pro tip is to write all your motions in size 8 font single space. Also, just title them whatever you want, no cares.
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Apr 14, 2017 19:59
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EwokEntourage posted:A pro tip is to write all your motions in size 8 font single space. Also, just title them whatever you want, no cares. Wingdings?
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Apr 14, 2017 20:13
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Lowness 72 posted:Wingdings? I prefer Webdings, but as long as you file it as a non-ocr'd PDF, or perhaps a picture of a PDF saved in TIF format, you should be fine
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Apr 14, 2017 20:17
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Jokes aside I would really prefer if he took this to court and we get a legal settlement over the whole matter over calling the cops constantly. I'm going to have a lawyer yell at me in real life about exactly how I hosed up and how to fix it, I'm just looking for what I need to tell the police so they don't sit at the door for 5 minutes asking questions that I've answered multiple times.
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Apr 14, 2017 20:21
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Grumpwagon posted:That's no guarantee it's from the courts, obviously, but it would also be pretty weird to show them some handwritten note paper saying "You're evicted" and call it an "eviction notice" blarzgh posted:I've absolutely seen one before. I retract my statement, and salute the well honed BS detectors of blarzgh and Hot Dog Day.
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Apr 14, 2017 21:05
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It was an official county form, my fuckup was being ignorant of the follow-up required afterwards
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Apr 14, 2017 21:33
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Control Volume posted:It was an official county form, my fuckup was being ignorant of the follow-up required afterwards Go talk to a lawyer or Google "how to evict my tenant" in your state. The cops hate dealing with this poo poo but Im not going to tell you how to lie to them. Tenants rights exist for a reason, even if your former roommate is a jerk.
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Apr 14, 2017 22:30
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Just move and don't leave a forwarding address. Done.
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Apr 15, 2017 02:18
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 The first line reads "Move out by Sat at"
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Apr 15, 2017 16:04
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Is that seriously signed "The Constable"?
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Apr 15, 2017 16:50
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KillHour posted:Is that seriously signed "The Constable"? Yes. It was up on a neighbors door a few months ago. Not sure if the constable or the landlords put it up.
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Apr 15, 2017 16:53
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Plausible that it's either tbh. What state?
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Apr 15, 2017 17:04
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Hot Dog Day #91 posted:Plausible that it's either tbh. What state? IN, hence the confusion.
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Apr 15, 2017 17:07
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That note appears to be written over a notice to vacate dated February 27th and it's stamped as filed, so I'm guessing that despite the laughable grammar they're probably fine.
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Apr 15, 2017 17:31
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Unload My Head posted:That note appears to be written over a notice to vacate dated February 27th and it's stamped as filed, so I'm guessing that despite the laughable grammar they're probably fine. There wasn't a Judge's signature on it.
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Apr 15, 2017 17:32
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