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Old 08-17-2013, 10:03 PM
 
Location: SW Colorado
1,717 posts, read 949,502 times
Reputation: 3202
Default Staying put after 30 notice to quit and fighting formal eviction proceedings

Sorry, I don't mean to troll the board. I was going to post this question along with my other one about fraud. But I'm so sleep deprived that I forgot to add it. Grrrrr!

I sent slumlord a written reply refusing to play his little blackmail game of "gimmee $53.75 NOW, biatch or else give 30 day's notice" and telling him that I chose "none of the above."

True to his word, slumlord sent me a notice to vacate by Sept 30. There will be nothing in the world that will make me happier than the day I finally slam the door on this hell hole of an apt for the last time. Unfortunately, there are a number of things that probably will delay me finding a new place. The most important ones are

1) Like, slumlord will actually give me my $700.00 damage and pet deposit back at this point. HAHAHAHAHAHA! Oh, please. Do I look THAT stupid? I'll never see the money again which puts me in a major bind since I'm on a small fixed income and there's no way I can come up with money for a damage deposit on a new apt by the end of Sept. I'm keeping my fingers crossed about a job possibility, but even if I do get the job, it will probably take me a couple of months from whatever day they hopefully ask me to start until I can squirrel away enough cash. Sure, I could take him to civil court - maybe win, maybe lose. But even if I win, that will take time.

2) This is a small town in a remote rural area. It's not like we get a Sunday paper with 10 classified pages filled with rental listings. As for Craigslist, I think there was something listed on it for my town - what? Maybe a couple of years ago. If I don't get the job, I may well move to a larger town about 200 miles from here and do some looking, but right now rental prospects look bleak.

So, I'll probably have to sit here, refuse to leave, wait for slumlord to bang an eviction notice on the door - I'm sure he'll have one set to go right away, and then make a response to the notice as the county courthouse - I think. So, then what? Do I give him the rent for October or not? I wouldn't think so, but I don't know. How long can delaying tactics last in an eviction? If I take his extortion note down to the authorities and they tell me that it's illegal, do I go to court over that? All of this is very confusing. I'm trying to plan strategy and I'm exhausted.

Thanks for any advise!
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Old 08-18-2013, 04:34 AM
 
Location: St Thomas, US Virgin Islands
20,582 posts, read 22,598,395 times
Reputation: 21452
Why are you not discussing all this with your Section 8 representative?
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Old 08-18-2013, 04:46 AM
 
4,406 posts, read 4,841,200 times
Reputation: 4209
Move out by the date indicate on the 'notice to vacate'. If you don't, and he does get a formal eviction thru the courts, you will have a helluva time finding a rental.

You can't delay this move..you're on a month to month, he gave you legal notice.

As for your deposit, make sure that unit is as clean as you possibly can make it. If he doesn't return your deposit according to your state's landlord/tenant laws, take him to court and sue for your deposit.
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Old 08-18-2013, 05:42 AM
 
Location: SW Colorado
1,717 posts, read 949,502 times
Reputation: 3202
Quote:
Originally Posted by Kim in FL View Post
Move out by the date indicate on the 'notice to vacate'. If you don't, and he does get a formal eviction thru the courts, you will have a helluva time finding a rental.

You can't delay this move..you're on a month to month, he gave you legal notice.

As for your deposit, make sure that unit is as clean as you possibly can make it. If he doesn't return your deposit according to your state's landlord/tenant laws, take him to court and sue for your deposit.
I really appreciate you trying to help me here but if I don't have the money for a damage deposit, what do I do? Counterfit it? Yeah, I can take slumlord to civil court and we'll play a few more rounds of insanity. Maybe by the New Year, I'll finally get a judgement in my favor except that I've already died of the cold trying to sleep in my car.

I can delay the move. Slumlord has to go through the eviction process if I refuse to leave.

@STT - My new section 8 rep is now in a town 60 miles from here. I'll give her a call Monday and see if she has any words of wisdom.
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Old 08-18-2013, 06:56 AM
 
4,937 posts, read 4,334,933 times
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If you dont have money for a security deposit on a new place, then you have a few options.

1) Find a rental that doesn't require a security deposit

2) If you cannot do #1, then try to negotiate the deposit to be lower than they advertise. Or try to negotiate paying it over 3 months, with set amts to be paid on exact dates.

3) expand your search beyond your small town if there are no rentals available.

4) Find local bulletin boards to see if any rentals are advertised...such as in grocery stores or local mom and pop hardware stores or restaurants. Also church bulletins might have classified ads.
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Old 08-18-2013, 09:00 AM
 
Location: St Thomas, US Virgin Islands
20,582 posts, read 22,598,395 times
Reputation: 21452
^^^ He's on Section 8 and must talk to his representative for advice and guidance.
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Old 08-18-2013, 10:44 AM
 
7,634 posts, read 4,896,211 times
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There are all sorts of charities that will give deposit money to Section 8 tenants.

You don't work, you can move anywhere, so don't limit your search for a new place to your immediate area.
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Old 08-18-2013, 02:32 PM
 
4,937 posts, read 4,334,933 times
Reputation: 4925
Just remember...if you get argumentive with the current landlord, then you can forget any kind of landlord reference.

You think it's hard to find a new rental now? It will be 10x harder with a bad landlord reference. If you get the eviction on your record it will become 100x harder to find a rental.

Sticking around and 'fighting' this is going to hurt you badly. For many years. It's just plain hard-headed and dumb to fight this.

Plan A" You should verbally (and nicely) ask the landlord if he would consider allowing you to stay and tell him the gov will pay more money and all he has to do is send the letter abou raising the rent. If that doesn't fly, then here is Plan B: you can nicely ask him if you can have until Oct 30th to move. If he says yes, ask him if he will send a new notice with Oct 30th as the end date.

You are really digging yourself into a deep rut if you try to fight the landlord. You won't win. You are on a month to month lease and he can legally require you to leave. If you get mean with him, he's going to stick with those plans. If you are nice, maybe you get him to agree to Plan A or Plan B above.
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Old 08-19-2013, 03:10 AM
 
Location: NY & Fl
10,512 posts, read 6,767,757 times
Reputation: 8362
Unless I keep missing it, the OP has still not stated that she does or doesn't have a lease.
If it has been stated, can someone direct me to it?
If not, can the OP either answer the question or explain why she's ignoring it (which would be the case, I suppose, if I have just missed it.....I read this forum before my first whole coffee....so it's possible
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Old 08-19-2013, 05:18 AM
 
4,406 posts, read 4,841,200 times
Reputation: 4209
Quote:
Originally Posted by old_cold View Post
Unless I keep missing it, the OP has still not stated that she does or doesn't have a lease.
If it has been stated, can someone direct me to it?
If not, can the OP either answer the question or explain why she's ignoring it (which would be the case, I suppose, if I have just missed it.....I read this forum before my first whole coffee....so it's possible

somewhere in their dribble was a comment about being on month to month lease.
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