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What's ironic is you will be submitting nothing to keep you there. Everything you are submitting are stuff that people use to try and break the lease to leave. As for proof of paying rent, of course you will be paying rent, you are still 2 months out. If you try to pay rent after you are supposed to leave, then yes the landlord can tell the bank to reject it AND send it back electronically. It takes one simple phone call to the bank
You can't force a landlord to rent to you and stay renting to you. Do yourself a huge favor and move out. It doesn't matter what reason why they want you out, but when the lease ends, leave.
You do realize that if you force their hand and force an eviction, you will still have to leave in 30 days and can't drag it out for 6 months. And then ruin your chances to rent or buy in the future due to the eviction judgement on your record. PLUS you will be charged for all the eviction attorneys, filings, reletting fees etc that will exceed any security deposit amount. Are you really this clueless in wanting that? Truly? You asked. They said no. LEAVE.
Come one.. we already know why LL doesn't want OP there. Why would they? We already seen the attitude with just a few post. Model tenant my......
I don't see why my credit rating would be trashed. I don't owe anybody anything. And really, it doesn't matter whether I win or lose, what matters is how long it takes.
Good advice is to put on your listening ears and try to absorb the reality which posters are trying to impart. You're apparently convinced your stance has legal merit. It doesn't.
I don't see why my credit rating would be trashed. I don't owe anybody anything. And really, it doesn't matter whether I win or lose, what matters is how long it takes.
And no, this is not this place I wanted to get condemned last year. This is that place I rented after I got out of that lease. Suing that landlord really worked out very well for me in that earlier situation, and I am confident that it was the right thing for me to do. The issue I was worrying over in that case was whether I should get that house condemned in addition to just getting out of the lease, basically just as a good deed, since I knew the landlord would rent it out again and that house was very, very unsafe (fall-through-the-floor-and-get-eaten-by-rats kind of unsafe). If any tenant finds themselves needing to get out of a death trap like that, compile a very thorough and documented list of unsafe conditions, backed up with professional opinions, and file a case in your local housing court. That landlord that wouldn't pick up the phone before will likely let you out in a heartbeat.
So there are two different issues you are talking about then? The below quoted items was for another house you rented and got out of but you want to try the same tactics again with current landlords to STAY?
Quote:
If I assert defenses in an eventual eviction hearing, show written evidence of retaliatory eviction (I sent a list of safety defects in the house via email, and have prop manager saying "no we won't fix any of those" in writing), and possibly evidence of fair housing violation (landlord, property manager both Indian. All neighbors Indian except us. We suspect that all or most of the prospective tenants who come through will be Indian. We are white.), plus evidence that the landlord keeps taking rent (I pay through automatic bank transfer, I am guessing she won't know how to stop taking the money), how long should I expect to be able to drag my feet on leaving?
As another poster said, if your landlord has to file an eviction to get you out once your lease ends, your credit is heavily affected. And in some states, it's an automatic denial for landlords to rent to you. It will appear on your credit file for at least 7 years. And you won't be able to remove it, even if you paid off the judgement. I did mention it's very expensive as well to have an eviction filed on you in which YOU will pay for most of the legal fees PLUS damages.
There is no such thing as a retaliatory eviction if you are being asked to leave at the end of your lease. Your lease is over and that's that.
If your landlord has already given you notice that you must move, most likely he can file for an over-stay eviction on the first day that you are not out after your lease expires. The very worst case for the landlord (best for you) is that he needs to give you a 72 hour notice that you must leave or he will file for an eviction.
If you are trying to buy a house, an eviction that shows up on your record could easily make it impossible to get a mortgage.
You've got two months to locate a short stay rental. I suggest that you start looking now so that you don't have time crunch.
[[[[[[........If I assert defenses in an eventual eviction hearing, show written evidence of retaliatory eviction (I sent a list of safety defects in the house via email, and have prop manager saying "no we won't fix any of those" in writing), and possibly evidence of fair housing violation (landlord, property manager both Indian. All neighbors Indian except us. We suspect that all or most of the prospective tenants who come through will be Indian. We are white.), plus evidence that the landlord keeps taking rent (I pay through automatic bank transfer, I am guessing she won't know how to stop taking the money), how long should I expect to be able to drag my feet on leaving?......]]]]]]
You know, for some reason you seem to think you are an excellent tenant, but you sure don't meet my definition of a good tenant. I suggest that you think about what sort of landlord reference you will have when you are trying to rent a new place to live. An eviction filed on you is not going to do you any good, and that's not just for renting.
Yes, your landlord can refuse an automatic rent payment. But if you stay, you can be evicted for over-stay, it doesn't have to be for non-payment of rent.
You aren't going to be able to claim racism. The landlord rented to you in the first place. If the landlord discriminated against whites, the landlord would have rejected you right off the bat.
Your lease is up. You have been given notice to move out, so give up and move out. You have no grounds to stay and if you do, it will only cause you grief.
Your landlord gave you notice to vacate at the end of your lease. Therefore, the 3 defenses you listed do not apply. If you stay after the notice period is done, they will be 100% within their rights to evict on those grounds, and your 3 defenses will not apply then either.
Your credit will not be directly affected by the eviction, but any court costs related to the landlord defending themselves will be placed as a judgment against you when they win. If you are getting a loan for the current house, a judgment from a landlord showing on your credit report could stop the loan.
Also, lenders contact your current landlord for a reference before approving the loan (we get them all the time).
Doing what you are suggesting could cause you to not get the loan for your house you are buying.
Yes, I expect that landlord to file for eviction. And I expect to contest the eviction. That is of course that plan. And if I lose in that hearing, I expect to file an appeal. I am sorry if I didn't make that clear.
I was wondering how long I could likely keep that going, to buy time. I have no fear of court. And if I never rent anything again, it will be too soon, so it does not deter me to have an eviction on my record.
You do NOT want an eviction on your record, even if you win in court (but you won't win). They would be evicting you for staying past your lease expiration. You cannot prove they didn't renew the lease because of race so you will never win on that one. Sounds like you were being super picky about wanting a perfect rental even though it met the conditions for being rentable per landlord tenant law. And they deemed you a high maintenance tenant because you were never happy and wanted to debate with them about what they deemed non-issues.
Back to an eviction on your record - It effects future jobs..as almost all jobs check background before you are hired. And if you are self-employed, some companies you do business with will check background and might decide to use a competitor because of your eviction. Some homeowners and auto insurance check your credit and give you discounts for good credit. The eviction might result is a higher insurance premium for you.
If you ever decide to run for political office, this eviction will be a matter of discussion even if it's 10 years from now.
$4000 seems very high to put your furniture in storage. If you have a house to sell and want to save money on storage fees, haul the furniture to the house and store it there in the garage or basement or secondary rooms. Then you pay for the movers only.
Bottom line, you were not guaranteed to stay at the rental as long as you chose. That is one of the negatives of renting - the landlord might not renew your lease and you have to move(either by the date they give or being forced out via eviction shortly after that date).
The landlord can start eviction proceedings within a few days of you overstaying past the end date they gave you. They can figure out a way to refuse your rent even if you do it automatic payment. Just like a landlord can refuse a rent check even when it's mailed to them.
I did a quick google search for NC evictions. It looks like it would be < 30 days for the first eviction to be judged. Then add 10 days for the appeal after that and another month or two until the appeal is heard in district court. Then once you lose the appeal, it's only a matter of days before the property is padlocked and you are forced out.
They won't allow you to stay for your child to finish school or when your house closes. You will have to pay full rent to the court while waiting for the appeal hearing and if you are late then the judgement for eviction will be given by the appeals court even though hearing didn't occur yet for the appeal.
My guess is it would take a total of 2-3 months from the date your landlord wants you out until the final appeals eviction padlocks you out of the property. Each district appeals court likely has a different timeline based on number of current cases/judges available.
-----------You might think, at this moment, that you will never need to rent again. However, if your house ever has a big insurance claim such as fire or tornado and you need a tempy place to stay for 6 months. Well, then you would want a rental home and your insurance carrier would pay the rent. But, 95% of landlord wouldn't rent to you with an eviction. Sometimes you don't think you'll ever rent in the future, but things change. Maybe you want to get a rental for your child when to go to college. The eviction will stay on your record and count against you for 20 years or longer. Credit checks have time limits but background searches can go back as long as the landlord (or future employer) chooses. Evictions go on public record - recorded at your local courthouse and available online.
Last edited by sware2cod; 02-10-2015 at 10:11 AM..
Hi Vanyali,
To answer your original question: nobody here can say EXACTLY when you will have to leave/be forced to leave... you can just google eviction process time line for the county you live in to try to get some idea. I guess if you plan on waiting till the Sheriff or Marshall have to remove you, that can stretch it out a bit. There are obviously legalities that have to be attended to correctly,but, there are recognized variables that could make placing an exact time of eviction difficult to depend on until the process nears the end- I'm not sure about an appeal being effective for instance.
You will be given notices with dates and details as the eviction process moves forward. Please let us know from start to finish how long it takes for your specific situation-interesting question.
When you lose in court, the landlord can get a judgment against you for rent due during the court process, court fees, the landlords attorney fees and any monetary damages the landlord suffered due to your refusal to vacate. Unlike other states, NC allows the landlord to place liens on any property you may own for unpaid judgments. This means your new home will have a lien in place that will gather interest until paid. The landlord can also have your wages garnished and levy your bank accounts.
(landlord, property manager both Indian. All neighbors Indian except us. We suspect that all or most of the prospective tenants who come through will be Indian. We are white.)
I think others have already done a lot to point out how unlikely you are to come out ahead in your preferred scenario - but just as an aside -
Indians are dark-skinned Caucasians. They're not a different "race" - they just have a different source nationality and ethnicity.
Where "race" is being used in that meaningless way that humans have been using for centuries to separate and divide.
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