Author Topic: 5 days to vacate....WTF? (Read 6001 times)

Queen Tokelove · « **on:** July 11, 2008, 01:58:04 pm »

I swear landlords can be real assholes. My landlord has given me a five day hand written notice to vacate my apartment. Why? It's because I have been complaining about the bug infestation here by reporting it to my ASO who helps with my rent and asked to be let out of my lease because of it. I also called code enforcement on him who happened to take his side but I also filed charges against him at the district justice. I mean he hasn't even come by to collect the rent at all for this month and all I owe him is 90 dollars for last month. The reason for that was because of the trip I had to take to Pittsburgh last month to see the liver specialist. He knew about this because I called him on the day of the trip.

I went back over to the district justice and showed them the hand written notice which was written on a rent receipt. The man looked dead at me, didn't ask for this month's rent, just put the notice in my mail box. The lady there told me that after the five days, he would have to come to their office to file an eviction notice but I don't even see how that would hold up in court considering he did not come to collect this month's rent at all.

I did make an effort to get rid of the bugs myself but they would only come back. And after telling the landlord about it, he came with the same stuff I bought which did not work and laid it down so thick that we were all worried that we had been breathing it in. This place needs to be exterminated by a professional and he knows it but he doesn't want to come out of his pocket for it. And before I moved in here, I specifically asked him aout bug problems and he assured me that there were none. He lied and I am pissed because I have been nothing but a good tenant. I don't deserve this at all.

Thanks for letting me vent.....

Jody · « **Reply #1 on:** July 11, 2008, 02:13:15 pm »

Hi Queen...Living with HIV and dealing with housing issues is incredibly stressful. Your home is your castle even if it is not the world's greatest place. Is there a housing advocacy group in your county you can contact? Here in New York we have a tenants and neighbors organization. You should be able to gain a stay of eviction and perhaps even have it vacated all together. Good luck in this troubling matter.

Jody

Oceanbeach · « **Reply #2 on:** July 11, 2008, 02:47:36 pm »

Quote from: Queen Tokelove on July 11, 2008, 01:58:04 pm

I swear landlords can be real assholes. My landlord has given me a five day hand written notice to vacate my apartment.

Why? It's because I have been complaining about the bug infestation here by reporting it to my ASO who helps with my rent and asked to be let out of my lease because of it. I also called code enforcement on him who happened to take his side but I also filed charges against him at the district justice. I mean he hasn't even come by to collect the rent at all for this month and all I owe him is 90 dollars for last month. The reason for that was because of the trip I had to take to Pittsburgh last month to see the liver specialist. He knew about this because I called him on the day of the trip.

I went back over to the district justice and showed them the hand written notice which was written on a rent receipt. The man looked dead at me, didn't ask for this month's rent, just put the notice in my mail box. The lady there told me that after the five days, he would have to come to their office to file an eviction notice but I don't even see how that would hold up in court considering he did not come to collect this month's rent at all.

I did make an effort to get rid of the bugs myself but they would only come back. And after telling the landlord about it, he came with the same stuff I bought which did not work and laid it down so thick that we were all worried that we had been breathing it in. This place needs to be exterminated by a professional and he knows it but he doesn't want to come out of his pocket for it. And before I moved in here, I specifically asked him aout bug problems and he assured me that there were none. He lied and I am pissed because I have been nothing but a good tenant. I don't deserve this at all.

Thanks for letting me vent.....

My dear Queen,

I am more than a little rusty on Landlord /tenant but I believe the 5 day notice is to pay the back rent in full within 5 days. That would include the remainder of last month and all of this month. If he accepts the funds past due, he can not evict. (What ever knowledge I may have is 8 years old, from California and I have helped my landlord because he was old and my friend).

If he does start the eviction process, you have to be served. A process server has to confirm you are the person and hand the papers to you. If you put your hand out and take those papers, you are served and then have to go to court.

So far, it seems you have seen the professionals and are getting the help you need so in order to let them do that, don't let anyone hand you any papers. The best possible situation would to bring the rent current first, then file complaints on the infestation of your housing unit.

If the 5 days are finished and he has not accepted the rent, you will be given a court date. If you miss that hearing, you lose. You will have 30 days to vacate or they will move your personal things into storage and change the locks. If they go this far, you will have to reimburse for storage, cleaning, change of locks to get your personal property back.

I have seen people get extentions from the Judge on the hearing dates and get 3 to 4 months free rent in the process. Are you getting HUD assistance? They have annual inspections of all properties.

Have the best day
Michael

Florida69 · « **Reply #3 on:** July 11, 2008, 03:42:52 pm »

I am going to try this, it normally takes a minimum of 30 days in most states to evict someone, after they have been formally served with Notice to pay rent of Vacate. I am not sure where you live, but do a little research of eviction law in your state. Also, I lived in this apartment one time that had roaches really bad, I bought combat gel, that stuff is the bomb. Never had a problem with roaches since I found that stuff. Good luck to you. D

David_CA · « **Reply #4 on:** July 11, 2008, 03:51:56 pm »

Queen,

That really sucks. I think Michael is correct (at least in some states) about being served, the 30 days, paying the back rent, and people getting extensions. As for your landlord not having come by to pay the rent, I don't know if that's relevant. Every place I've rented required me to get the rent to them. I could drop it off, mail it, whatever, but it was up to me.

Years ago, a friend and I owned a 4-plex. We had this one tenant that we had to evict so that she could get housing assistance (she was in her 70's). Until we evicted her, she wasn't considered a 'hardship case' and wouldn't qualify for housing. We played the game as instructed by the social worker. The judge ended up feeling sorry for her and extending her eviction date twice, which didn't help her or us. In general, from my experiences, the sympathies are with the tenants if they try to do their part (pay rent). Good luck with it all.

David

Miss Philicia · « **Reply #5 on:** July 11, 2008, 03:57:39 pm »

Here Queen, read this:

http://rhol.com/csu/evictions/PA/PennsylvaniaSteps.htm

or here:

http://www.thelpa.com/lpa/landlord-tenant-law/pennsylvania-landlord-tenant-law.html

It sounds like you wish to move and not stay in this apartment though, correct?

komnaes · « **Reply #6 on:** July 12, 2008, 12:17:22 am »

Sorry to hear that Queenie.. I hope things would work/have worked out for you..

CaptCarl · « **Reply #7 on:** July 12, 2008, 12:14:02 pm »

My Queen,
I think that in most instances, it is a minimum of thirty days to evict, unless you live in a backwater state, such as New Mexico, where in certain circumstances it can be done in three. I believe, that the handwritten note will not be sufficient, and that your landlord would have to go through the courts to make this a legal eviction. I have gotten into it with a landlord once resulting in a court trial. I kept calm during the trial, and refused to get worked up over anything that my landlord said. I was also able to prove, undeniably, that he was lying through his teeth about several key issues.
Remember, PHOTOGRAPHS, PHOTOGRAPHS, PHOTOGRAPHS!!!! Spend a day making sure your place looks clean, then photograph all of the areas where the bugs are. do what you have to to get bugs in the shots if at all possible. Take pictures of the stuff that your landlord put down, and compare it with the recommended amount on the label so you can demonstrate a potential health hazard. Photodocumentation is the key here. And so is making sure that the ares being photographed are as clean as possible, so when your landlord tries to pin the whole thing on you for being unclean(and trust me, he will!), the court will have photographic evidence to the contrary. But whatever the outcome remember, it's probably time to find a new place to live. I'd offer my muscles and my pickup truck to help, but I think you live a bit too far away. Best of luck to you on this one. let us know how it turns out.

CaptCarl

OutOfDarkness · « **Reply #8 on:** July 12, 2008, 09:18:01 pm »

Hi Queen,

Try to put your mind at ease about this asshole. Here are some tips for you:

1. www.hug.gov this website is invaluable tool for inquiring housing laws. Do a search for "landlord/tenant law" or "eviction" and read.

2. I would definitely find a way to get him all money owed, it is ultimately your responsibility to ensure that it is paid, even if he usually picks it up at the premises.

3. If he even attempts to change your locks or move anything that belongs to you, call the police immediately. It is against the law for him to do so without a WRITTEN 30-day NOTICE if you are a tenant at will (no lease indicating the exact dates that the lease is in effect to and from). If you have a lease that covers a longer period of time, like a year, and you are in the middle of that lease, you don't have to vacate even if they give you written notice UNLESS it has gone to court and the judge ok's if first.

4. ALSO, if utilities are included in your rental price they can not have them shut off without going to court first.

I would also print out the law from the website and put a copy of it with your rental payment. Maybe you can also suggest to him that he read all of the laws, because it sounds like what he is doing is illegal.

Hope this helps, let us know how you make out. Peace.

Iggy · « **Reply #9 on:** July 14, 2008, 11:03:24 am »

Queen,

Sorry to hear about this. Can your ASO help at all with the back rent?

Queen Tokelove · « **Reply #10 on:** July 14, 2008, 04:12:35 pm »

Thanks Guys for all your input. I do want to move because of the bugs. I have never been late with rent until last month. There is no way for me to take the rent to him because he doesn't live in the city and after losing a money order by mail, I was leery of sending that kind of money through the mail. In turn, he would come every check day to collect the rent which is on the 3rd of every month for me. I would usually call him but there were times when he would just show up and get it. I feel he purposely did not collect the rent because I was complaining to my ASO about the bug problem which in turn they were communicating with him because they pay part of my rent. I made it clear that I wanted out of the lease which is up in September.

I do not have any of the bottles of the boric acid he laid down like cocaine all over the kitchen and bathroom. He took them all with him. He did buy bombs which we used, some did die but once again are seeing babies and adult bugs along with black ants. There is no quick fix for the infestation, he needs to get a professional exterminator for the whole building. He is trying to blame me for bringing them but I lived in a government housing before here and never had any bugs.

I do have a cheap little digital camera and will take pictures of the place once I get a court date. I should have taken pictures when we moved in here because the place was not cleaned well at all. Food left spilled in the cabinets, stove caked with grease, fridge dirty and I won't even mention how the bathroom was. But I take it as a lesson learned.

I got approved for section 8 housing last Friday and am in the process of looking for another place. I will check out the links provided too, I appreciate it.

YaKaMein · « **Reply #11 on:** July 15, 2008, 12:03:44 am »

Wish you didn't have to put up with such abuse from that landlord. Glad you have some advocacy and got approval. Now just for find a better place without little unwanted pest.

next2u · « **Reply #12 on:** July 15, 2008, 12:30:43 am »

congrats on the sec 8. everything else is fucked up. im glad to see there's a light at the end of this bs. keep us posted qt.

Queen Tokelove · « **Reply #13 on:** July 15, 2008, 06:59:31 pm »

Well, I got a letter from my ASO that they sent to my landlord. He got partially paid for this month's rent but he also told them he would give me 30 days to vacate so I don't think he was expecting me to get a letter from them regarding the conversation they had.

I did speak to legal aid here and was told since he wrote me a 5 day notice that it now makes my lease null and void. He said he can't see where I have done anything wrong and just hopes I get a sympathetic judge if the dickhead, oops, I mean landlord decides to file eviction charges.

Lisa · « **Reply #14 on:** July 15, 2008, 09:11:11 pm »

Hang in there girl. I am glad to see that you were approved for section8. But for the grace of God and HOPWA, I would have been living under a bridge these last four years. If he gets nasty with you.....show up at the local office of ACLU..heeeheeeeheeee that would put some shit in his pipe to smoke!

Andy Velez · « **Reply #15 on:** July 16, 2008, 07:06:56 pm »

Queen, who needs this s**t!!!! Damn!

Hope you find a happier place with only the good kind of roaches and are out of there soon.

Cheers and good wishes,

Queen Tokelove · « **Reply #16 on:** July 17, 2008, 05:50:08 pm »

Quote from: Andy Velez on July 16, 2008, 07:06:56 pm

Queen, who needs this s**t!!!! Damn!

Hope you find a happier place with only the good kind of roaches and are out of there soon.

Amen...Well, most of our stuff is now moved out, just a few things to do in the kitchen. I don't plan on being out of here til I know the utilities is cut off because my landlord would probably try to move someone in if I left with them still on. Gas isn't due to be shut off til next week.

OutOfDarkness · « **Reply #17 on:** July 17, 2008, 06:12:19 pm »

That's wonderful that you have found a new home, best wishes when you get into your new place. Hopefully the landlord's are much nicer! Hang in there.

Peter6836 · « **Reply #18 on:** July 17, 2008, 07:59:16 pm »

Wow this just really hits home. I just wrote a post dealing with stress and how it is so difficult to keep going. I can so relate to your perdicimint and hope everything goes well for you. I am sending you all positive energy all that I can muster up and hope things work out for the best.
keep your head up,
Peter
I see you found a new place but I am sure you are still going through instense stress, Keep going.

Queen Tokelove · « **Reply #19 on:** July 20, 2008, 11:25:42 pm »

Quote from: Peter6836 on July 17, 2008, 07:59:16 pm

Wow this just really hits home. I just wrote a post dealing with stress and how it is so difficult to keep going. I can so relate to your perdicimint and hope everything goes well for you. I am sending you all positive energy all that I can muster up and hope things work out for the best.
keep your head up,
Peter
I see you found a new place but I am sure you are still going through instense stress, Keep going.

Yeah still a bit but I think things will work themselves out or I hope.

Andy Velez · « **Reply #20 on:** July 21, 2008, 08:03:17 am »

Wishing you happier times in your new home, Queen.

Cheers,

Queen Tokelove · « **Reply #21 on:** July 21, 2008, 12:41:51 pm »

Going to meet with the new landlord today. ASO is willing to pay the security for me so things are looking up. I got my utilities ready to be transferred so things are looking up....

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Author Topic: 5 days to vacate....WTF? (Read 6001 times)