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socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 39172
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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I was given a 24 hour notice to vacate the apartment I live

Customer Question

I was given a 24 hour notice to vacate the apartment I live in for something that someone contacted the Leasing Office stating that my son was involved in an incident. The notice stated that on information and befief, you have committed multiple defaults of the Lease, including, but nit limited to, the following: Stating that it was reported that my son intention ally bumped into a female and her companion while walking down the sidewalk. When the young lady commented that he and his companion should say "excuse me,"she claims that my son pulled a gun and pointed it into the girl's face and told her that even though she was a girl, she could get popped, too. Stating the foregoing curcumstances constitute multiple grounds for termination of your tenancy including, but not limited to, Paragraphs 19, 20, 24 and 32 of the Lease Agreement. I have always paid my rent on time and my son do not own any gun and when the police pulled him and his friend over no gun was found. Please help me.
Submitted: 7 years ago.
Category: Real Estate Law
Expert:  socrateaser replied 7 years ago.

The landlord cannot simply order you off the property. If you have done nothing wrong and there is no evidence to support a termination of the lease, then even if the landlord sues to evict you, the suit will be lost and your lease will be reinstated. You may want to notify the landlord in writing that your position is that you are not in violation of any of the alleged lease conditions, and that you are prepared to defend yourself against those allegations in court, if necessary.


Assuming that your son does not own a gun and no gun was found, then the witnesses who claimed that your son pulled a gun on them will not look very credible to a court.


Nevertheless you will need a tenant's rights lawyer to defend you if the landlord sues to evict. Here is a link to possible legal aid services that may be able to help.


Hope this helps.


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Customer: replied 7 years ago.
Relist: Incomplete answer.
Expert:  socrateaser replied 7 years ago.
I do not see where I have failed to address your question. Please advise.
Customer: replied 7 years ago.
I sent you a list of items that they said that my son was supposed to have done and also about the 24 hours notice and now they are telling me that if we move now we can get our rent back that we paid. But due to the answer you gave I was not satified with your answer because I really need more information from you and you really did answer all what I asked. Thanks.
Expert:  socrateaser replied 7 years ago.
Do you have some other questions that I can clarify?
Customer: replied 7 years ago.

Yes, I will need to get more information concerning this matter due to the lawyer that represent the apartment community who informed me that the Management office is saying that if we move out by 4 PM tomorrow(Saturday-May 15, 2010) they will not file eviction on us as well give us bad report when companies called to verify our rental history. And will give us half of our money we paid this month and will not sue for the rest of the rent we will owe for the remaining of the lease. I feel this is unfair due to hear say. I pay my rent each and every month without any problems. I feel like we are being treated like common trash. Please help some more.

Expert:  socrateaser replied 7 years ago.

Don't let your feelings control this situation. It's just business. You have to decide whether you want to fight, or take the lawyer's offer and leave. If you can find a tenants rights lawyer to defend you, you probably have a pretty good case, because based on your stated facts, you haven't breached the lease agreement. It's basically the woman's word against your son's, and without proof that he owns or is in possession of a firearm, their testimony is uncorroborated, and the court will give it little weight.


So, unless you're leaving something out of the story, I don't see how you can be evicted at all. But, the management can try, and if they do, you will need legal representation to defend against the eviction.

Customer: replied 7 years ago.
I moved out thof the apartment due to the fact I made the mistake to sign a new lease anyway. So right now I am living with a relative to which I am looking for my money that the apartment management office in Alabama is sending me. I was informed that check my check have been mailed. But when we go to get our mail and was informed that my check will be mail to the office on the property we are informed by the leasing agent that we can be arrested for tresspassing on the property and that what they tell my husband that he can't come on the property. I feel now that they are messing with all Black family that live on the property because they have gotten grant money from the government and now want all Black family out of their property because they have arrested two other kids from the property that chose to fight them. Stating that they have broken into people apartments and also vacate apartment. They are trying to destroy these kids future. But anyway I chose to move because I was not happy there. So what other option do I have. Please help me one more time.
Expert:  socrateaser replied 7 years ago.

Please click "Accept" if you are satisfied with my previous answers, and then open a new question at the home page.


Thanks for your cooperation.

Customer: replied 7 years ago.
Relist: Answer quality.
I would like for my answers to be more complete. I know you are answering some of the quetions but not to my happiness. I still do not feel secure with the answers.