Posted by Ace on May 02, 2001 at 11:47:35:
In Reply to: Thanks Ace. Another question... posted by Millicent on May 02, 2001 at 11:32:30:
The LL must serve her with a written notice -- and I'm merely hypothesizing at this point -- that most likely the written notice will be that of the court order notice of eviction.
Again, it would help your friend in the long run to sit with the LL and work out some kind of compromise if she can and the sooner the better. If she wants to just wait and do nothing and see what happens come June 1, then she will see.
The LL can't throw her stuff out or do his own do-it-yourself eviction and change the locks, barring her access to her stuff, as that's illegal. He can merely serve her written notice, before the June 1 deadline hits, and remind her of their previous conversations about her moving out by June 1. Then when June 1 comes, he can take that paper with him to court and file for eviction and start the process. It's faster than people think, usually within 48 to 72 hours that the sheriffs come to escort the tenant out. If LL hasn't given any written notice, perhaps that's what your friend is counting on to buy her more time if and when LL decides to go to court -- she can feign ignorance since there is nothing in writing about the June 1 deadline, merely verbal stuff between her and LL. He would have to go to the courts to get your friend served. There's a good possibility that your friend may also lose out on her security too as well as a decent reference from this current LL.
I say to you, stand back and watch the fireworks.
: Thanks for the reply Ace. They did not give the notice in writing, they just told her when she paid April's rent that she would have to be out.
: She went to pay May's rent and the LL reiterated that they must be out by June 1st. My friend told the LL that she was doing the best she can to find something. The owner again said, YOu have to be out. My friend again said: I'm doing my best. The owner said My son's lease ends on 5/31 and he has to be in the apartment by 6/1. AGain, my friend's reply was, Well, i'm doing my best.
: My friend even told me that she "knows" that there is nothing the LL can do if she's not out by that date. I told her she has no protection since she has no lease and she was lucky they gave her 2 months when they only have to give 30 days. She does not believe me.
: She does not want to move into another apartment. Ahe wants to try and find a house. This cannot be accomplised in 30 days.
: My main cause of wonder is what happens on the 1st of June when they are not out and the son is waiting outside with his belongings? Can they put her stuff on the street? Do they have to go to court? Will that cause a delay in them having to leave?
: I can't imagine living in a private house with court stuff going on. I mean, you have to see these people everyday!
: She's not looking to friends for help. She just has a very cavalier attitude and is "positive" that there is nothing LL can do but wait until she has found another place. I'd like to point her to some information about what the LL can do on June 1 when she is not out, but can't anything online that pertains to month to month tenants.
: : If the owner gave them two months notice and the date to move is June 1, then that's the date. I wonder if the notice was in writing? In any case, LL could go and file a notice of eviction, which would not look good for your friend if she wants to find another place (she may need the LL's reference too!). Has she asked the LL for alternative housing or help in finding new housing? If the tenant has sent in writing that they are having trouble finding a place and could the time be extended to July with a little extra money added to the pot (or they could keep the security to cover the July rent with a little extra). There may be room for compromise. Since June seems so far away to your friend, there is technically still a full three weeks for her to find something, so perhaps she's not worried. Unless she expects others like you to "help" her out once the June 1 deadline approaches.
: : There's nothing wrong with being choosy -- tenants shouldn't just take the first thing they see, that's why we have a lot of people posting because they didn't look before they leapt. Between now and July I would keep away, don't be around and let her handle her business. When and if the dirt hits, you don't want to be around. Don't let her guilt you either.
:
: : : I have a friend who has lived in a 2 family house, a private house for about 14 years. They were given two months notice to leave by the owner because he wants the apt for his son to move in.
: : : My friend is having a hell of a time finding another apt (she is very choosy) and has the attitude that if she is not out by June 1st, big deal, there is nothing the owner can do but wait for her to leave.
: : : I highly doubt that but what exactly can the LL do if they are not out on the specified date? The owner is adamant that she has to be out but she's positive that there's nothing they can do.
: : : Thanks for any info.
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