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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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Landlord friend, in Plentywood, MT asked if I would travel

Customer Question

Landlord friend, in Plentywood, MT asked if I would travel over 600 miles to help him remove asbestos siding and replace with new wood siding. He had his Uncle living with him; but the uncle (mike) would be leaving for the oil fields of N.D. And I would be able to have a bedroom, until we finished the work. My friend Gary did not expect for me to pay rent. We did not have a written or oral agreement about rent. His uncle Mike and another Tenant named David, agree to pay (Gary) $200.00 each to live in his house. A total of $400.00, but Gary's cost to provide all the services needed cost him over $200.00 per month. probably about $300.00 and more if one of the amenities fell apart and needed repair or replacement. Gary was behind in all his bills; notices from the electric co; from water, garbage, most of the time a month behind so he had to pay a penalty too. I was never asked to pay rent; but I felt I should help by paying him for all the amenities he and his house provided. oil heat, central air conditioner, washer& dryer, hot water for shower, stove/refrigerator/pizza oven, micro-wave, toaster, lights, TV, etc. Gary took many of my items and sold them. He will be facing SMALL/CLAIMS & CRIMANAL COURT. The deputy who investigate said yes Gary does lie and did steal. Gary was asked if he would take a lie-detector test? Gary said yes because he never lies, moments later the Deputy said to Gary he was not telling the truth. Gary got mad and started yelling and yelled at me that he was going to evict me in 3 days. The reason Gary gave was I did not pay rent??? We had no written or verbal contract??? IS THERE SOME ADVANTAGE FOR A LANDLORD TO SAY: "EVICT IN 3 DAYS??) The judge only listen to Gary. Gary did say he was maybe going to evict me at the end of April, I did not receive any notice. But at the beginning of May I thought I should check to see if he dropped the eviction. May 2 was Monday a working day. I asked and was informed that the eviction was that day at 11:15 and where it would be decided. Good thing I went to check at 8AM. Because when I got home at 3:30 a white paper was laid out for me to read. It stated if I did not appear on that day and time; I would be evicted immediately and all my things would be taken!!! Why did I not receive this notice before May 2nd but did get after the hearing?? Gary must have gotten it and decided he could evict me and take my stuff. The Judge gave me 30 days to leave. To pack all my items, filling a U-Haul truck and move back to Minnesota, which will cost me at least another $1500.00 plus find an available apartment , pay the rent and the security deposit, plus may need three days to load and then unload the U-Haul, cost me 6 days rent on the truck. I am a dis-abled veteran. Back injury and ear injury (lose my equalliberan and fall. If you can suggest what I can do to stop the eviction for 60days, I should have enough money to move as I would have my SS & my veterans disability at the end of each month. I will pay for any information you can share: via my debit card the name on my card is William J. Stowell, it is a visa card and it is good through 7 /2017.. Thanks Bill
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

I am very sorry to learn of this situation. If I understand correctly the property is located in Montana, and you have already been to court, where the judge gave you 30 days to vacate the property.

(There appear to be many problems with the amount of notice you have received - 3 days notice for non-payment was erroneous, you did not pay rent, you were not served with any actual notice, you were not served with a summons and complaint of the actual eviction (unlawful detainer), you only found out about the hearing by accident, and you appeared in court where the judge gave you 30 days)

Is that correct?