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I have lived in the home for 4 years. It is in Minnesota. The basement begin to leak very badly a few weeks ago and the landlady became very rude after that. She blames me for the leaks, even though there was evidence of a problem when I first moved in, sump pumps,etc. Out of the blue, she served me with a 30 day notice for the end of the month. She then went and filed eviction papers on me on the DAY THE RENT WAS DUE. I was not even late by one day with the rent at this point. Any chance the court will make her refile because of this? I have a place to go at the end of the month but am just trying to buy myself more time.
Questions:
1. Do you have a lease or are you month to month?
2. When is your monthly term? Is it from the first of the month to the last day of the month or is it something else?
3. What day did she give you the 30 day notice.
4. What day are you supposed to pay the rent?
5. What day did you pay the rent?
6. Has any of the communications to the landlord about the 'leak' been in writing? (What exactly is leaking, pipes, walls, drains??)
if you are on month-to-month (signed lease before but the end date expired)....
then all she needs to do is give you 30 day notice. That is not "eviction". You must abide and move at at the end of the 30 days. She does not need to give any reason at all. just give you the notice to move out.
IF you don't move out at the end of the 30 days, then she can file eviction. She doesn't have to accept your rent after that 30 days is out. You should be gone and she no longer wants you as a tenant.
Once eviction is filed, they will get you out quick. It's very very bad on your record to have an eviction. You must move.
----IF you are still on a lease that has an expiration, then the above does not apply. I am assuming your annual lease rolled over into a month--to-month lease awhile ago.
I have lived in the home for 4 years. It is in Minnesota. The basement begin to leak very badly a few weeks ago and the landlady became very rude after that. She blames me for the leaks, even though there was evidence of a problem when I first moved in, sump pumps,etc. Out of the blue, she served me with a 30 day notice for the end of the month. She then went and filed eviction papers on me on the DAY THE RENT WAS DUE. I was not even late by one day with the rent at this point. Any chance the court will make her refile because of this? I have a place to go at the end of the month but am just trying to buy myself more time.
The law for eviction differs from state to state so I would check the Minnesota renters laws; thnk you can find them online. It sounds like your landlord was looking for an excuse to get you to move out. Kinda mean and I don't know as if I would stay in a place that obviously did not want me there. It stinks, but tell your landlord to get their undies out of the bundle they are in and give you until the end of the month to move and you will GLADLY get out of your leaky apartment. I don't know why landlords can't just be honest and say they need the apartment for a family member, perhaps they are selling the place. Lots better to be truthful as opposed to blaming you for the leaky basement.
I have lived in the home for 4 years.
The basement begin to leak very badly a few weeks ago...
Out of the blue, she served me with a 30 day notice for the end of the month. I have a place to go at the end of the month but am just trying to buy myself more time.
She wants you out. Why really doesn't matter.
She is using the water as an immediate excuse. It really doesn't matter.
You have a place to go. Go there.
if you are on month-to-month (signed lease before but the end date expired)....
then all she needs to do is give you 30 day notice. That is not "eviction". You must abide and move at at the end of the 30 days. She does not need to give any reason at all. just give you the notice to move out.
IF you don't move out at the end of the 30 days, then she can file eviction. She doesn't have to accept your rent after that 30 days is out. You should be gone and she no longer wants you as a tenant.
Once eviction is filed, they will get you out quick. It's very very bad on your record to have an eviction. You must move.
----IF you are still on a lease that has an expiration, then the above does not apply. I am assuming your annual lease rolled over into a month--to-month lease awhile ago.
Here in NYC, evictions never happen quick. Judges always lean in favor of the tenants, and it can take a long long time to get someone out. I know a landlord told me that she had a non-paying tenant, and it took her over TWO YEARS to get them out. That's right, they lived in her home rent free for two years, judge kept giving them extensions.
I had a similar situation, but my landlord was honest...I think. I lived in this apartment for over 8 years. She called me out of the blue and said she was divorcing her husband and needed the apartment for him. I had a month to month, and she gave me an oral 30 days notice. I was out in 30 days....even though EVERYONE told me not to rush and take my time looking. I work for lawyers and they even said the same thing. But I didn't want to deal with the harrassment so I just left as soon as I found a new place.
My advice is to just start looking and leave. Your landlord sounds like a jerk and you will be better off once you are out of there.
If you're month-to-month and she gave you 30 days notice to leave, then you need to be out in 30 days from the date she gave you notice.
I'm not sure where you are in that 30 day period. When did she give you notice?
That is not true. In the OP’s state, the law requires the landlord give notice 1 day before the next scheduled rent payment to terminate the rental after expiration of that month. So if the tenant pays rent on the 1st of June, and the landlord gave notice on that same day, the lease terminates at the end of July, not on the 2nd of July. So a landlord must always give notice before the start of the next monthly period or they have to wait until the end of that rental period for the 30 day clock to start ticking.
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