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Tenant law MT We have been renting a house for 2yr, and 9

 
JPEsq's Avatar
  • Answered by:JPEsq
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Tenant law MT: We have been renting a house for 2yr, and 9 month never had any complaint from the landlord. On July 1st we recived a letter stating that we were being evicted his reason for evicting us were several complaints about police being there car radio going all night at a loud level condition af the lawn and storage in the carport. I wrote back and told him the cops were never there for us . we don't have a radio or a car and last summer are rent went up $25:00 for lawn care. Storage in the carport has been there since we move in. I also told him we would look for a place and let him no when we found one. We recieved a letter back that said we have till Aug 1 and if we are still there he will have the Sheriff remove us. Where we live their is a shortage of place to rent and we have been looking but unable to fine something. We also are raising are Grandaughter age 4yr and 8 month. What right do we have? Are landlord live in CA.

 

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State/Country of Question: Montana

Already Tried:
Try to talk to the landlord. Look for places to rent and rented a storage shed. I should have told you the house need a new roof and the landlord want some body in here that low income so the govement will fix his roof and insultad his house. When we rented it the landlord wanted low income and we don't qualify.

Submitted: 1026 days and 3 hours ago.
Category: Legal
Value: $38
Status: CLOSED

Accepted Answer

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Expert:  JPEsq replied 1026 days and 3 hours ago.

Well the good news is that your landlord can't just evict you without a court order. He has to give you notice, which he has done. Then he has to file a lawsuit to evict you, which he has not done. The you will be able to present your defenses to the eviction action (as you stated above). If he gets the eviction order from a judge, then the sheriff will help, but the still wont just know on your dorr and throw you out.

In most cases he has to give you an opportunity to cure whatever violation he says you are comitting. He has not done that. If he filed an eviction, it doesnt sound liek he would win anyway. Even if he did, this process takes a couple of months.

So just tell your landlord, you are not moving, he can't evict you, and the sheriff won't do anything without a court order.

The bad news is your landlord sounds like a jerk. So you might want to look for a different place anyway, but you have some time, even in teh worst case scenario.

Expert TypeAttorney
Pos. Feedback: 99.1 %
Accepts: 2088
Answered: 7/31/2009

Experience: Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

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