DearCustomer- The contract is not void due to the changing of the management or ownership. Lease contracts are enforceable by both the landlord and tenant and if the landlord changes the lease remains in effect until its term is up.
I'm not certain what your goal is in this situation as to whether you want to stay or move. It sounds like you want to stay but then you also want to know if the lease is void. In any event, if they are trying to evict you they cannot do so unless you have violated the lease terms since they are bound by the lease.
If you want to move and they want you to leave then I don't see a problem but if you want to leave and they want to hold you to the lease then, of course, you have a problem since the contract is binding on both parties.
If they have served the eviction notice you will have to defend on the basis that you did not break the lease. Since thy will not listen to your side of the argument you will have to tell it to the court. They will have to sue you for forcible entry and detainer if you fail to abide by the eviction notice. You will have to file an answer and then have a trial.
You did not indicate in your question what cause of action they have in asking you to move so I cannot comment directly on that.
David Kennett - JD - Attorney at Law
I don't believe from what you day that they have any proof that you had alcohol in your unit and I believe you have a reasonable defense in court. If you want to leave now I would contact the landlord and agree not to fight the eviction if they would simply terminate the lease. If they won't then you can either move and have the eviction on your record or you can fight the eviction based on no cause to evict.
I think that you have a good defense to the eviction. I cannot say that a letter from an attorney will cause them to drop it but it sure would not hurt to try. If they think you are serious about staying then I can't imagine why they would want to fight over this, especially since you will be leaving in 3 months and an eviction can take 6 to 8 weeks if you fight it. Once again I can't promise anything since they have a right to try to evict you and you have a right to contest it.
Absolutely - you don't have to just move because they gave you a notice. You need to tender your rent for June and if they won't accept you can pay it into escrow in your local court so you can't be evicted for non payment of rent. Then they will have to file a suit in forcible entry and detainer and then you can file an answer to get a trial date.
As I said, an eviction can take quite a bit of time so if they see you are serious I can't imagine why they would go to trial over a few beer bottles.
I always recommend consulting with an attorney since I cannot review all documents from this venue. It is difficult to provide specific legal advice on any case from here and our information is general in nature. If all you have received is a notice of eviction then they would have to file suit and get a court order to evict you.
In any event you may want to still contact a lawyer in case the landlord tries to use "self help" and force you out.
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