I sued our old landlord in small claims and won. He appealed and in turn sued us. In the appeal he hired an attorney and sued us for the attorney fees and an old bill he lied and said we left behind. The judge ruled in the appeal that no one gets anything. Can I sue him again? Because he didn’t return our security deposit in full.
Daily Archives: March 24, 2011
In California, if a tenant moves out without 30-day notice and puts a friend in the unit, WHOM do you evict?
Renter signed a contract agreement. Then moved out without giving a 30 Day notice to landlord. The original tenant “moved” his friend into the unit. No additional deposit was ever paid (so original deposit was not returned to the original tenant). The landlord was not in agreement for a “long-term” new renter, but agreed to let the new person stay for a short term time period.
From the onset, the rent was one month late, then after 5 months, the (substitute/friend) renter stopped paying any rent and refuses to leave.
It has now been over 3 months without any payment from either the original renter or the substitute. Whom should be served the eviction papers? Should BOTH the original renter and the substitute both be listed on the Eviction forms?
Thanks in advance for your time and assistance.
How long of nonpayment to be evicted in Florida?
I could have sworn I read somewhere that you had to be 2 or more months behind on your rent before a landlord can even think of starting the eviction process, has that changed? Or did I read it wrong?! Please clarify. I am 11 days late & shes already threatening, I dont have any reason not to pay but hubby & I just lost our jobs, & are waiting to get some money, but she wont budge.
If given a 30 day notice by a landlord, are you responsible for rent that month?
I was given a 30 day notice by my landlord at an apartment complex because they no longer wanted me there, so I left within 30 days an didn’t pay rent. Was I responsible for rent? I recently received a letter from an attorney stating that I was. Please guide me in the right direction.
What to do when someone dodges service of legal documents? See details.?
I work as an apartment manager and have some tenants that cause a huge amount of problems including being raided by the police for drug use, housing criminals, having their pit bulls (that they are not supposed to have) leave waste on other people’s porches, and also throwing that animal waste at other tenants. I really need to get these tenants out!
I am not a lawyer and have never done this before and my employers are too cheap to pay for legal advice, telling me that “a manager should be able to do this as one of their job requirements” even though they knew when they hired me that I’d never done this before.
We are in Washington State. I have read the laws and have the eviction forms. I gave them a 20 day legal notice in person and with a witness and mailed it certified mail January 30th for them to be out by Feb. 28th. Mar 1 landed on Sunday so I filed a Evictions Summons and Evictions Complaint with the Court on the 2nd and paid a law office Process Server to serve them the papers.
However, on the Eviction Summons I only gave the tenants 9 days to respond b/c they are always home, they never work and do not have a car, so even if they are not in their apartment they are very close by and they have other adults living there that are not on the lease but that would be able to sign for the papers.
Legally they have to have at least seven days to respond once receiving the papers and the only reason they haven’t received them is b/c they refuse to sign for them. I do not know why the process server did not leave them at their feet and consider them served. So, now if they sign for them or are served, as I understand it, they can dismiss the case because they do not have a long enough response time.
I realize my mistake now (I think- not entirely sure, I am not a lawyer) in that I needed to allow enough time so that if they refused to sign I could have enough time to get a court order to serve them through alternate means b/c of not being able to serve them the normal way, and for the deadline to still be legally effective.
So, my question is, what do I do now? What legal forms do I need to file? Do I have to start all the way over, can I just refile the summons and complaint and add a later date? If I do that would I use the same case # or a different case #?
Sorry so long to explain! Thank you for your answer!