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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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Caring mother who. Is paralyzaed left side after stroke at

Customer Question

Caring for my mother who. Is paralyzaed left side after stroke at 58. Dad dies from worry andhad heart attack while driving has horrible Car accident. They rented house on 100 acres. We notified land Lord who had no problem w us staying in home. Found out dad was thousands behind in rent. He told us to focus on paying forward. We did. He then tells us after he sold 25 acres to my church before dad died and he swore house would never be for sale that he is in phase one sale and house will be demolished in a few years. It scared me but he assured us we would have at least a year or two. Ran into a farmer who farmed on the land and he said the properly and house would be sold in nov and we needed to call realitor. I did that and again was given April 2017. Well eventually there was a disagreement when they sent aspestice inspector to wrong house and thought we refused the inspection he told us we had ten days to leave. He later found out they gave permission to these inspectors to break in wrong house. We knew it cause they said they broke in our house and moms bed ridden so no one broke in. We told them we want copy of dads lease and eviction. Nothing yet. The realitor and a bother one has tested nasty things and came by yt? Threatening to dead bolt and we are looking but have never been able to see papers. My mother is tenant and they have never notified her only me and my sister by text. Now church said she. they build it will leave us with no road access. They said realitor is responsible and he said no. Can we be locked out and given no access to road. What if mom needs EMS. They now have sent text offering to pay up to 1000.00 to help w newdeposit along w truck to move and moving crew. what do we do as we have not gotten paperwork yet.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

You cannot be evicted without proper written notice.

I am very sorry to learn of this situation, and while the promises that the landlord made to you are not enforceable (you always have a place to live, lots of time, etc. etc.) you are at least entitled to a minimum amount of time to move (usually 30 days - you do not identify what state this is located in, but most states give tenants 30 days).

Here is what the process looks like from an overview:

  • Terminating a tenancy-

    1) Notice: The first step in any termination is giving notice, the landlord can simply give notice that they no longer want the tenant to live there (this is usually 30 days, or 60 days, and it can be done for no reason whatsoever, there is no fault, and while the tenant must relocate, they are not being "evicted" and there is no blemish on their rental history), they can give a "notice to pay or quit" (usually 3 day or 5 day depending on the state, and the tenant has this amount of time to pay rent that they missed or move out), "notice to "cure or quit" (the tenant has breached the lease - broken something, noisy, etc. and must stop it or fix it within the notice period, again 3 days, 5 days, or 10 days), or a "notice to quit" (this is a 3 day or 5 day notice that says the tenant has messed up so badly they can do nothing but move out within the notice period - there is no chance to "cure" - this often happens when there is illegal activity on the property).

    2) Unlawful detainer/forcible entry and detainer (this is the legal proceeding where the landlord goes to court and sues the tenant to get possession - the tenant has an opportunity to appear and defend the action, common defenses include improper notice, breach of the lease (such as failure to maintain the property - "inhabitable conditions"). If the tenant answers the complaint, the parties can take "discovery" from one another and get additional information before a court trial before a judge.

    3) A judgment of possession/writ of eviction - if the landlord wins the trial, they get a judgment of possession and the court will issue a "writ of eviction."

    4) Forcible eviction - this happens when the Sheriff or Constable serves the writ of eviction - some jurisdictions give a courtesy notice the day or two before the eviction, others do not, but the end result is the sheriff overseeing the landlord's movers removing all of the tenant's possessions from the property and placing them on the curb, and the tenants are forcibly removed from the property. At that point, the landlord can change the locks and the tenant can no longer return (They have been "evicted").

If you want to consider the offer of move-out money plus a moving truck (or make a counteroffer for better terms) you certainly can - but I would recommend that you start getting things in writing (going forward) - a written copy of your father's lease really isn't terribly important at this stage in the game - you already stated he was thousands in arrears, and you are in breach, the new oral lease that he has with your mother allowing you to pay going forward, combined with your state's landlord/tenant code should be more than sufficient to cover your issue.

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