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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 2849
Experience:  30 years of experience
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My landlord gave me and my family termination of Occupancy

Customer Question

My landlord gave me and my family termination of Occupancy of residents papers on Friday July 10,2015. In the paper it reads non payment of rent and Utilities. But rent is paid for this month, just the utilities is not he told us we til July 15, 2015 to get out or he's turning off the Utilities, but its in his name to begin with . Because wen we moved here .he messed up the names on lease agreement and utility Company denied service to us because the names were Wrong.
How do we fight this?
Submitted: 1 year ago.
Category: Legal
Expert:  Gerald, Esq replied 1 year ago.
Hello,
Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.
I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.
You do not indicate what state that you are in so I can not link you to the specific provisions for your state. HOWEVER, all states have landlord tenant statutes that specify the procedures for eviction. In every state that I am aware of those procedures prohibit the landlord from engaging in so called "self-help" remedies, like turning off the utilities.
Since he has threatened you with doing so he may already be in violation of the law. You can go to the local magisterial court (small claims) and file a complaint against him for the violation.
Also you should know that to properly evict you he must provide notice, then bring his own action in the Magisterial Court. You have the right to Answer that Complaint, bring a Counter Complaint, and have a hearing before the court.
While you do not need an attorney in Magisterial Court, it is a good idea to consult with one. Most will meet with you for an initial assessment of your case for little or no cost. This site may be helpful in finding a Landlord Tenant Attorney:
http://lawyers.findlaw.com/lawyer/practice/landlord-tenant
I hope the information I have provided is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.
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Good luck.
Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

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