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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 17253
Experience:  8+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Ive been discriminated against by my leasing apartment and

Customer Question

I've been discriminated against by my leasing apartment and is being evicted because of violations that only I've been targeted by. My vehicle is registered yet there are numerous vehicles with expired registration and inspection (which pictures of other numerous violations were taken) yet my vehicles were the only one that had green violation stickers on it. There have been a vehicle in front of the leasing office with an expire inspection dated 12/11. There are prohibited canines that roam the property as well. I've provided a work slip for a garbage disposal yet no one ever came or call by so in anger I left a scathing voicemail. I think its wrong that I have only three days to vacate the premises when other tenants consistently break their leases. All I'm requesting is advice so I can have ample enough time to solicit a domicile. It takes sometimes a week or so for an apt to be ready and with me working and going to school 3-4 days is impossible. Please I seek your advice
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I am sorry to hear about what you are going through. Would you mind sharing with me the reason for the eviction? Were you given a notice to cure or correct the problem?
Customer: replied 1 year ago.
It says for multiple defaults of the lease, yet it only state that I've repeatedly behaved in a hostile and threatening manner around the apartment property but I only sent a scathing voice message due to being single out for my vehicles. Up until them harassing me I haven't had the reason to contact them. There are multiple violations that is onsite as we speak but my vehicles are the only ones targeted. I had a vehicle that my brother restored so it took time to get it up to par to pass inspection, but all was corrected. When they no longer had my vehicle as a source for harassing they took to not sending a repairman for a work order I submitted so I sent them a scathing voicemail which is the true underlying reason for eviction. There are dangerous breeds of dogs, pictures I have of other vehicles with expired ins/reg and when I brought it to the attn of their arbitrator he stated that 'he'll check into it' when we both know he won't because he's their attorney. To evict me within 3-4 days without sufficient time to solicit another domicile is unacceptable. Especially when the leasing laws are selectively enforced. If I'm in the wrong I'd take my lumps as a man but I'm not. I pay my rent on time and expect professionalism and to be treated fairly as everyone else.
Expert:  LegalKnowledge replied 1 year ago.
Jimmy, thank you for the additional information. A landlord is required to give you a written notice to vacate before filing an eviction lawsuit. In the notice, it should list with specificity, the reason for the eviction and what the actual defaults were. For the landlord to write " numerous defaults" and not list them, could result in the notice being invalid/improper. Moreover, if there is a violation, you should have been given a chance to cure/correct it. If you have defenses and want to stay, you can but you will then have to defend the lawsuit in court. In addition to not receiving the proper notice or being given a chance to cure, there may be an issue of retaliation for you to address and use as a defense, if you think you are being targeted and without good cause. If you are the only tenant that is having these rules enforced against, you may want to look at the underlying reason they want you out. You will want to gather and use the evidence which you listed above, to show that while you may be in violation of the lease provisions, others are as well but no action is being taken against them and show the court why you are being singled out. If you fail to leave within the 3 days, you will have more time to stay, since the eviction process takes time and you have a legal right to fight it. The decision to stay and fight this is entirely up to you. The alternative is to try and work something out with the management, whereby you can agree on a date to vacate, which allows you time to find a new place to live, since 3 days is not reasonable.

Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Expert:  LegalKnowledge replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 1 year ago.
I was asked by their attorney to contact him and not the landlord so I don't see how I can reach an agreement with them
Expert:  LegalKnowledge replied 1 year ago.
I do understand. The attorney has an obligation to convey all settlement options to his client, so if the landlord is being represented by legal counsel, you can certainly extend an offer and try to reach an agreement. They will want you to reduce the offer in writing, so they can share it with their client.
Customer: replied 1 year ago.
I'm sorry but what I'm saying is the attorney (not the landlord) took it upon himself and is giving me three days. The landlord actually didn't mind but the attorney said No as if he's the one running the complex
Expert:  LegalKnowledge replied 1 year ago.
The attorney acts on behalf of the landlord. The attorney would not have been retained if it had not been for either the landlord or the management company. The three days notice is the first step in the eviction process and if you have an offer to make, should remind the attorney he has a legal obligation and duty to convey it to his client. The reason I say this, is because the landlord is paying the attorney. If you are able to settle this and come to an agreement, the landlord may not have to pay additional attorney fees. It may be worth it to them to agree on a date to vacate and move on, making both parties happy. If the attorney does not or will not convey the offer, you can always consider filing a complaint and address this issue with the court, when the case is filed and you need to appear.
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 17253
Experience: 8+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Customer: replied 1 year ago.
Is it legal to only give someone 24 hrs to vacate the premises. That's no time to find a domicile, nor move out
Expert:  LegalKnowledge replied 1 year ago.
If the lease states that the landlord must only provide 24 hours notice, as many leases do, then the landlord is not required to provide more than 24 hours notice, although 3 days notice may still be advisable to provide time for the tenant to vacate without the need to file an eviction suit. If the lease is silent as to a notice to vacate, then the statutory 3 days notice is required.

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