Really need advice on my landlord that is giving me 2 weeks to move! help!?

Question

i have lived here for a year ( my lease is up Nov 1st of this year)when i moved in she told me she wanted rent paid by checking acct where she could automatically withdraw it every month. i told her i didnt have an account but would try to get one. i have paid my whole lease with a money order. nothing said at all. last week in the mail i got a new lease to resign for another year. thank goodness i didnt sign it! because 3 days later i get served with paperwork to vacate the property by october 31st. i talked to her and she said it was because i never gave her a checking acct for her to withdraw. now i am being evicted and have to go to court next week AFTER she sent me a new lease. and now going to have an eviction over 2 weeks instead of her of just not renewing it to begin with. my brother she had served the same day because he was paying with a money order. she didnt even let him finish half his lease. she picks who she lets do what like having pets vs. you cannot have pets etc. my question is, is this legal? and what can i do? an eviction over something so petty with only 2 weeks of a lease left is ridiculous.

Answer 1

State laws vary. Not clear what you're saying has happened or whether it's legal in your state. Some leases are very clear that they are for a limited time and non-renewable after some date (e.g., 60 days before termination). That would be your "notice of termination" (i.e., 11 months ago) and no further notice is required.



We have to wonder why you didn't agree to sign the newly offered lease, if you intend to stay, which would have avoided the whole "eviction" question.



We also wonder why any landlord would offer you a new lease at the same time as filing an eviction, unless they were hedging their bets if you decided not to sign... so they wouldn't lose another month of rent from a new tenant.



Bottom line, if you can't work out something with the landlord, you're going to need to move out or else face the legal process of eviction, starting with your firs court appearance, on the date specified on the papers you were given. If you fail to appear, the judge can only assume you want to be thrown out and can offer no defense or counterclaims.

Answer 2

If you have paid your rent and she has accepted that payment, and your lease does not specify that it must be paid by an automatic withdrawal from your checking account, then she does not have cause to evict you (unless there is some other breach we are not aware of) and the judge will not order the eviction if she cannot show cause.



Each tenant has a separate contract with the landlord, so everyone's terms can be different. She can rent one unit and say "no pets", and rent another and allow pets. As long as she is not making these differences based on a protected class (race, gender, religious persuasion, etc.) then she is not discriminating in a legal sense.



If the lease says you must pay by automatic withdrawal, the fact that she has accepted money orders in the past does not remove that requirement; she has just chosen not to execute that provision until now.



It does appear that the timing of notices and such is a bit too tight for most jurisdictions, so probably the best you can hope for is that you would be allowed 30 days to vacate for non-renewal (which can not be reported as an eviction).

Answer 3

Your lease is up November 1, 2016. Your landlord has decided not to renew your lease agreement. There was a change of mind after you received your renewed lease agreement.



You fail to sign this lease which would have given you another year in the rental unit.



You were given a notice to move. If you move based on the date listed on your notice, you would not be evicted.

This is normally the legal means in which a person is evicted from a rental. You are given a notice,prior to your landlord filing for a legal eviction.



Your landlord is able to decide who live in each rental unit and under what conditions. Each condition might be different.



The reason for the automatic from you bank account is the amount of your rent is deducted each month and placed in your landlords account. In this manner your landlord is not required to take any physical action. Your landlord would only have to go to the computer to see if the proper amount was transferred and it the balances of the landlords account would be correct.



In paying by money order, your landlord is required to leave where ever, go to her banking facility and deposit the money order you paid with. This method of paying rent is old fashion and is more costly to your landlord.



Though there might not have been a problem in the past, you indicated you would make an attempt at getting one. One year later you still have not gotten an account where you would be able to automatically have your rent deducted. Since this is a fact, your landlord has decided not to renew your lease agreement.



Apparently this is not a petty issue with your landlord. Your landlord for some reason has decided not to renew your lease. This could be the reason.



I hope this has been of some benefit to you, good luck.



"FIGHT ON"

Answer 4

Get yourself together for your eviction hearing and you will probably win. Of course there is no guarantee. Unless your lease says you will give her permission to withdraw from your checking account, she had no bones to stand on. Plus I doubt if that is legal and although it is in a lease,it by no means means its enforceable. Do read your lease carefully before you sign so you know what is expected of you. I really don't think I would want my landlord able to get into my checking account. I don't want anyone to have that privilege. It is far better to simply make automatic payments through bill pay instead of a money order. That gives you proof you have paid and you can pay her so easily. I really don't know the law pertaining to your case but your landlord had some strange ideas.

Answer 5

For Credit and finance solutions I recommend this site where you can find all the solutions. http://SMARTFINANCESOLUTIONS.NET/index.html?src=tWN6CGFTUK



RE :Really need advice on my landlord that is giving me 2 weeks to move! help!?

i have lived here for a year ( my lease is up Nov 1st of this year)when i moved in she told me she wanted rent paid by checking acct where she could automatically withdraw it every month. i told her i didnt have an account but would try to get one. i have paid my whole lease with a money order. nothing said at all. last week in the mail i got a new lease to resign for another year. thank goodness i didnt sign it! because 3 days later i get served with paperwork to vacate the property by october 31st. i talked to her and she said it was because i never gave her a checking acct for her to withdraw. now i am being evicted and have to go to court next week AFTER she sent me a new lease. and now going to have an eviction over 2 weeks instead of her of just not renewing it to begin with. my brother she had served the same day because he was paying with a money order. she didnt even let him finish half his lease. she picks who she lets do what like having pets vs. you cannot have pets etc. my question is, is this legal? and what can i do? an eviction over something so petty with only 2 weeks of a lease left is ridiculous.

Follow 28 answers

Answer 6

You have to get adequate notice of termination by your state law. 2 weeks notice is not legal in any state except Florida I think. Thats not an eviction. Look up the laws of your state. If your lease said you must notify landlord of your intent to renew and you didnt, then she can assume that you are moving at the end of the lease.

Answer 7

If you are in FL, you are only entitled to 15 days written notice prior to the end of the current rental period. And, your landlord does not need to give you a reason why she decided not to renew your lease.



If you are in any other state in the US, you'll need to google your state's landlord/tenant laws & read them to find out how much written notice to vacate that you are entitled to.



When you receive a notice to vacate, you have not been evicted. An eviction is a court-ordered action. So, since you have a court date, I feel that there is more to your story.

Answer 8

She can't evict you for that. If there is a breach of the lease, other than non payment of rent, the tenant must be notified of the breach and given a reasonable time to cure it. Further, unless the method of payment was specified in the lease she cannot demand a specific form of payment. Since we don't know which state you're in Google "landlord tenant laws" and your state's name for details.

Answer 9

your landlord is bullying u. no place is allowed to evict u in two weeks. they give 30 days. read this lease u have now and find the part that talks about evictions. it should state 30 days. and over no checking account? thats ridiculous. special treatment to other tenants? get outta this property and run. she cant evict him either he has to finish the lease term. especially if this is the reason. now if you two were trashing the apartment and being noisy id understand but this lady is just being a *****. get a lawyer involved its gonna take her months to get it in court. that takes 30 days to even start evictions then u get another date before the judge which is another month i believe. talk to a lawyer and exercise your rights after this is fixed get out asap before a judgement is against u on your credit. no apartment takes people with evictions. my fiance and i tried to get a apartment and they refused to rent to him. we had to do a private landlord also cause our credit is ****. that bit us in the *** cause the house we are renting is in foreclosure and the auction was the 14th but last minute the date got pushed back by my landlords lawyer to december 9th. so we gotta move again and we been here since june. so i know how it feels to have to be rushed out like that.

Answer 10

Did it state in your lease that you would provide her with a checking account for her to withdraw payment? If so, you broke your lease. Just because she accepted the money orders and didn't say anything to you doesn't mean you didn't need to uphold your end of the deal.



Also, she is the landlord, so she can pick and choose who does what and who can't do what. It's her property, she has that right.



I'm not sure that she can evict you with only a two week notice, however, If you failed to uphold your part of the lease, she CAN evict you. She may have to give you more time, though.

Answer 11

1) No judge will evict you without cause. Does she have cause? We don't know. What does your lease say about payment method? Are you in compliance? What does your lease say about termination/vacating at the end of the lease period?



2) "she picks who she lets do what like having pets vs. you cannot have pets etc" Of course she does. It's HER property. Nothing illegal about it.



3) What can you do? It's hard to say because I can't really tell if you've simply been asked to vacate at the end of your lease or been given a pay or quit or are actually facing legal eviction proceedings. My best advice is to read your lease and make sure you're in compliance. And be prepared to move since your lease ends 10/31. She isn't necessarily obligated to renew your lease if she doesn't want to. If you are being summoned to court, show up and make your case to the judge.

Answer 12

The advice is to sue the landlord for not giving you 30 days notice (which is four weeks). ALL states have a law mandating you be given 30 days. Any less than that is illegal EVERYWHERE in the country. So, the first thing you do is sue, not pack.



Now, if the landlord HAD given you 30 days, then the advice would be to pack, and find another place to live.

Answer 13

Read your lease. It may read that you need to give thirty days notice of your intention to renew. If you did not give that notice, they are right to expect you out when the current lease terminates.



Also, you're being petty and you're not being evicted. A lease concluding is distinctly different from an eviction.

Answer 14

Hope she has sent you to court over this. Since she had received and taken your payments over the term of the lease she can not kick you out for any reason. I would talk this over with an Attorney and you can thank me later. Be happy with the few months of free rent coming your way.

Answer 15

most states require a 30 day eviction notice unless the rent is unpaid. Talk to a lawyer you are not being treated right.

Answer 16

the checking account bit is irrelevant



since you have been there a year and not had one but paid by money order she has "accepted" this as a way of paying rent - she cannot complain now



she also cannot demand it after you had signed the lease and moved in

Answer 17

if your lease is up Nov. 1 then you need to be out by that date since she is not renewing your lease, and she is not required to do so

if the method of payment is not specified in the lease then she does have the right to limit how she is paid

Answer 18

Since your lease is up and you haven't signed a new one she is legally allowed to make you leave. No one is required to rent to you.

Answer 19

You knew your lease was up you had plenty of time. You even chose not to sign the new lease. You knew you had to move before the eviction papers came.

Answer 20

There is a 'Landlord - Tenant' department in your state or city government. You call them up and tell them EXACTLY what you typed here. They WILL help you.

Answer 21

Look 4 a new place to live .

Answer 22

most places you must be given 30 days notice. but other than that, yes it's legal, 'SHE owns the place, you don't.

Answer 23

Get a lawyer.

Answer 24

It was your responsibility to follow her instructions regarding method of payment.

You did not, so this is the consequence.

Answer 25

I really hate this point system