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Old 10-02-2012, 02:32 PM
 
Location: Minneeeesoootah
3,500 posts, read 4,577,465 times
Reputation: 3364

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Good news, we don't have to move, right now anyway and I get to inconvenience my landlord in the process, hurray Payback being a b**** and all...

Just got back from seeing a lawyer, the eviction is a worthless piece of paper, Mr. Landlord, I wish I could see your face when I call you with the news.

According to my lease, even though it is a month to month lease, he stipulated that we must give a 60 day notice to vacate and that must be equal time for both parties. Also, since he taped it to my door, a big no no, there is not proof of when I received the letter, but since the time period to vacate was invalid, the notice is invalid.

When giving notice, whether it be 30 or 60 days, it must occur before the end of the previous month. If I would have received the notice no later than 11:59 pm on Sept. 30, with the correct time frame for eviction, by a verifiable source and I acknowledged that I received it, then it would be valid.
I think he was trying to get it here by then, because it was dated Sept. 30, but he didn't hand deliver it or have it sent certified mail, plus it had the wrong time frame for the eviction.

The soonest he can make us vacate would be DECEMBER 31st!!!!!

Mr. Landlord, I hope the market is PRIME during the holidays in the frozen tundra!
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Old 10-02-2012, 02:38 PM
 
Location: St Thomas, US Virgin Islands
22,498 posts, read 27,103,596 times
Reputation: 23053
Well I'm glad you have some more time but then again you could have saved yourself a lawyer's fee if you'd looked up the situation in your state landlord tenant laws AND read your lease terms. Before the next lease signing comes around read your state laws (which are probably linked in the first sticky on this forum) and carefully read your next lease before signing it. And please don't confuse "eviction" with a standard notice to vacate. They are two completely different things. Good luck!
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Old 10-02-2012, 02:42 PM
 
Location: Minneeeesoootah
3,500 posts, read 4,577,465 times
Reputation: 3364
The reason I said eviction, is because the heading on the letter states: EVICTION NOTICE, in bold print.
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Old 10-02-2012, 03:57 PM
 
Location: St Thomas, US Virgin Islands
22,498 posts, read 27,103,596 times
Reputation: 23053
Quote:
Originally Posted by asitshouldbe View Post
The reason I said eviction, is because the heading on the letter states: EVICTION NOTICE, in bold print.
Which simply proves that your LL doesn't know the difference and obviously doesn't understand his own lease terms either Maybe that's why he's decided to sell rather than be a landlord.
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Old 10-02-2012, 09:10 PM
 
7,475 posts, read 7,338,967 times
Reputation: 9782
Feel lucky you are in Minnesota. In Texas you could be given as little as 3 days to vacate under a Notice to Vacate. I just served one.
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Old 10-02-2012, 09:20 PM
 
Location: Minneeeesoootah
3,500 posts, read 4,577,465 times
Reputation: 3364
Quote:
Originally Posted by High_Plains_Retired View Post
Feel lucky you are in Minnesota. In Texas you could be given as little as 3 days to vacate under a Notice to Vacate. I just served one.
It's nice there are laws to protect tenants from irrational landlords.
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Old 10-02-2012, 09:48 PM
 
7,475 posts, read 7,338,967 times
Reputation: 9782
Quote:
Originally Posted by asitshouldbe View Post
It's nice there are laws to protect tenants from irrational landlords.
Luckily most state laws recognize that the renting industry is supplied on both sides by crazy landlords and crazy tenants. My last tenants didn't deserve even a 3-day notice and you would probably agreed if I detailed the undeserved racism, hatred and vitriol they revealed toward me, my property and, in general, their local community.

Each tenant situation is deserving of a closer look and, in my experience as a small time landlord, no two situations are similar. I feel for the tenant who finds themselves under an unfeeling landlord as well as the landlord who finds that he/she has allowed monsters into his house. However, this is exactly what creates unfeeling landlords and hateful tenants. It is an angry world happily feeding on its own anger.

Last edited by High_Plains_Retired; 10-02-2012 at 10:05 PM..
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Old 10-03-2012, 08:58 PM
 
Location: Tacoma, WA
213 posts, read 116,714 times
Reputation: 252
It can be done. My husband and I were on a month to month, and we were given 30 days to vacate for the same reason. We received the notice three days before my husband left on a trip to see his father in another state. My cat had to go to the hospital at the same time. I wound up in the ER. And my car's engine needed replacing at the same time. We didn't think it was do-able, but we found a place to move and live in that 30 days. Money had to be borrowed from the line of credit.

What sucks is, now it's been two months since the move and the former landlords haven't come through with the refund of the deposit. They didn't follow WA laws to notify us in 14 days in writing if we were not receiving part of the deposit and the reasons why. They now owe us the entire deposit. We're going to have to get an attorney after them. It's a frustrating, never ending nightmare. I wish you luck.
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Old 10-04-2012, 06:51 AM
 
Location: St Thomas, US Virgin Islands
22,498 posts, read 27,103,596 times
Reputation: 23053
Quote:
Originally Posted by rudegubmintworker View Post
What sucks is, now it's been two months since the move and the former landlords haven't come through with the refund of the deposit. They didn't follow WA laws to notify us in 14 days in writing if we were not receiving part of the deposit and the reasons why. They now owe us the entire deposit. We're going to have to get an attorney after them. It's a frustrating, never ending nightmare. I wish you luck.
You don't have to get an attorney at all - and in most states attorneys aren't allowed in small claims court cases anyway. Just go to small claims court and the clerk will help you with the simple paperwork (you may even find it all on line), you'll pay the filing fee and then, when you're told a court date, you show up with all your paperwork and go from there. Easy as can be. Good luck.
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Old 10-05-2012, 06:22 AM
 
57,963 posts, read 29,511,993 times
Reputation: 7340
Quote:
Originally Posted by asitshouldbe View Post
Month to month, we've been here two years , the landlord only does month to month. He could have mentioned over the summer that he was thinking of selling the house soon, that would have been a great time to get the garage packed, this is MN and not unheard of to start snowing before the end of October, that adds a little more stress.
Lets get a few things out of the way,

Do you have to move, yes, since you have a month to month lease

Do you have to move within 30 days, no.

Here in PA, If you dont move within 30 days, the landlord then has to then take you to the magistrate office, which takes about 10 days to get taken to court, and then the judge gives the tenant 10 days to move, and then if you dont move in the next 10 days, then the landlord has to take you back to the magistrate to force you out 10 days later.

Most states have very similar timelines, so check what the laws are in MN.

Whether you pay rent during this time, well that depends on how nice of a person you are.
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