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Old 10-21-2013, 05:52 AM
 
Location: Sunset Mountain
1,385 posts, read 2,897,412 times
Reputation: 1380

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Rule 1. Never rent from family.

And just leave it at that.....LOL

We signed one of those store bought leases for my Aunt-in-law where she put in there it was month to month and we only needed to give her a 7 day notice.

She didn't make a copy of it though after we signed it, we are the only ones who have a copy of it after we signed it.

Oye...two weeks and snow is coming already. Come on life, quit crapping on me already!

Kat
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Old 10-21-2013, 06:04 AM
 
16,256 posts, read 19,034,443 times
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Are you saying your Aunt is the landlord and she gave you 2 weeks notice to move out? What is your state law(landlord tenant law) as far as notice to move out? Even if Aunt lied and said there was no written lease, every state has default lease terms for oral leases. It would be considered oral if Aunt says you never signed one and you don't have a copy. Some states default to 15 day and other 30 days. Depend on your lease term in some cases (month to month) and also some states look at how long you already lived there.

Also eviction is totally different than notice to move out. Eviction goes on your credit and occurs when the tenant breaks the lease, such as non-payment of rent, brings a pet against the lease and refuses to get rid of it, etc.
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Old 10-21-2013, 06:15 AM
 
Location: St Thomas, US Virgin Islands
24,671 posts, read 61,427,785 times
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Check your state landlord tenants laws which you'll probably find linked in the first "sticky" on this forum. Most states legally require that a month's notice of quit need to be given by either party on a month to month tenancy, regardless of whether the landlord and tenant are related.

And as noted, this is a notice to quit not an eviction which is a legal process through the courts.
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Old 10-21-2013, 06:43 AM
 
26,746 posts, read 41,090,469 times
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There must be a real family issue if you own family wants you out a.s.a.p....and without hearing both sides, it makes me wonder why the other side wants you out so fast....
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Old 10-21-2013, 06:59 AM
 
Location: Sunset Mountain
1,385 posts, read 2,897,412 times
Reputation: 1380
Quote:
Originally Posted by sware2cod View Post
Are you saying your Aunt is the landlord and she gave you 2 weeks notice to move out? What is your state law(landlord tenant law) as far as notice to move out? Even if Aunt lied and said there was no written lease, every state has default lease terms for oral leases. It would be considered oral if Aunt says you never signed one and you don't have a copy. Some states default to 15 day and other 30 days. Depend on your lease term in some cases (month to month) and also some states look at how long you already lived there.

Also eviction is totally different than notice to move out. Eviction goes on your credit and occurs when the tenant breaks the lease, such as non-payment of rent, brings a pet against the lease and refuses to get rid of it, etc.
Ok, this is all new to me. As a leasing agent in a former life, we went by the eviction laws of the TAA application that residents sign at the beginning of their lease.

"Aunt D" gave us a store bought lease that she filled out with all sorts of weird stuff I'd never seen before. It took a while before I would sign it because I was really uncomfortable with all of it. There was a lot of stipulations in there that seemed unnecessary, and we had to add a few of our own because we simply don't trust anyone anymore, family or not.

We signed the lease and offered to make a copy of it for her, but she refused and said just to keep it.
We have the only copy. If she has a copy at all in her possession, it does not include our signatures. Strange...lady...but anyway it is my husband's family, his aunt, and I didn't know her very well so I went along with it.

All of our pets are in the lease.

I'll have to look up Michigan lease laws-I really don't want to stay here for even 30 days because crazy aunt lady stops by every day and calls every day harassing us now. It's all...very...crazy!
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Old 10-21-2013, 07:08 AM
 
Location: Sunset Mountain
1,385 posts, read 2,897,412 times
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Quote:
Originally Posted by STT Resident View Post
Check your state landlord tenants laws which you'll probably find linked in the first "sticky" on this forum. Most states legally require that a month's notice of quit need to be given by either party on a month to month tenancy, regardless of whether the landlord and tenant are related.

And as noted, this is a notice to quit not an eviction which is a legal process through the courts.
O.k I will try to figure this out what this crazy woman is trying to accomplish:

Aunt and uncle work for the pipeline and are only in their actual homes (they own 3 that I know of) 3 weeks out of every year. When we arrived here in May/June, they offered to let us rent one of their homes on a month to month basis. They had warned us that if their pipeline job down south for the winter didn't come to pass, they would want their house back.

No big deal.

Monday, Aunt calls husband and says "we need our house back. Instead of the 7 days notice to terminate in the lease, I'll give you two months." and hung up.

Tuesday, aunt shows up with a "Notice to Tenant" filled out and it says "you must respond to this notice by mail with 7 days after receipt of same, otherwise you will forfeit the amount claimed for damages" and there are no damages listed (because there are no damages) and it says the date she gave it to us at the top, our names, and she signed it.

Edit: It says "On (and she filled in this part with pen) Nov 1,x 2013 (it looks like it said 12, but she exed out the 2 so it says Nov 1...rather badly I might add) so it reads "On Nov 1,2013 your occupancy of the premises commonly known as (our address is hand written) terminated" Is this a notice to quit? I'm confused.

I have never seen this paper before. I've never been evicted, court or verbal or otherwise. we have perfect tenant history. We have done everything they have asked of us-and they stop by every weekend, unannounced, when they feel like it, go through our things in the garage, complain about my decorations...I've been really patient with husband's family about all of this and I still haven't' lost my cool...but man I'm boiling over now.

A month notice would have been better to allow us to at least save money to move on, but I think Auntie is crazy and heartless and our problems are not her problems so I get that.

I'm just frustrated and waiting for her to get in here once we've left and imagine crap to try and hold us to.
Mike will take photos when its empty because we took photos of damages when we moved in. We just CYA that way and trust no one.

There is no deposit and we owe for the rest of this month's rent and utilities but we won't pay because we will be broke AND homeless and Auntie will just have to decide what she will do with that part.

I have to take care of my family and we're in a jam to find a place to go by Nov 1st. I can't finish my contract seasonal job because we'll have to leave town. ugh!

Last edited by Katlakat; 10-21-2013 at 07:34 AM.. Reason: Forgot a part of the notice
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Old 10-21-2013, 07:22 AM
 
Location: Sunset Mountain
1,385 posts, read 2,897,412 times
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Quote:
Originally Posted by bentlebee View Post
There must be a real family issue if you own family wants you out a.s.a.p....and without hearing both sides, it makes me wonder why the other side wants you out so fast....
Well, if you met my husband's two aunts, you might wonder if bipolar meds are needed.

One aunt "H" has a cat. Has 3 dogs. She comes over to my mother-in-law's place (where she's taking care of the sister's aging father who is 84 with dimentia) and gripes and yells and screams at her for having a stray cat in the house. "Get rid of those cats!" MIL took in a stray that got run over by a car and she happened to be pregnant at the time (the cat not my MIL LOL). It had 4 kittens, two of which were given away the rest are outdoor cats. She only keeps the mom inside. But aunt H can have cats but MIL can't? it's like, what age are you again? oh right, 55 years old!

Weird...

So we moved into Aunt D's place. This trailer we rented from them is one of three houses/homes they own. This is their "hub" between pipeline jobs that take them all over America. They were here only 3 weeks last year so they offered it to us to take care of for the summer and winter. The plan was....by next spring I would have found a full time job (hopefully) and we would have saved throughout the winter to buy our own home near where my career took us.

Their job fell through and they want to be in the hub for the winter. That's not a problem at all! Just give us time to find a place and save money. I have been working seasonal jobs at minimum wage because jobs are scarce up here. I'm a petal to the metal responsible adult doing anything and everything to make life happen on a budget. I don't expect them to do anything, we're taking care of ourselves we've asked for nothing! But two weeks? wowza! I'm freaking out a little here-

They have been staying in something called a 5th wheeler at one of their other properties and I think they just want their place back asap. There is nothing we did wrong, it's just how they are.

I get up at 4:30 every morning and pack and clean, then go to work, then come home, shower and stress out by looking for apartments, houses, anything we can find. Most of the stores have shut down up here because the season is over and they are getting ready for winter. We thought we had a place for winter but now we're kinda...left out in the cold.

If this is how family treats one another, just wow is all I have to say.
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Old 10-21-2013, 07:58 AM
 
26,746 posts, read 41,090,469 times
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The main sentence that sticks with me "as a leasing agent in a former life"....why did you sign the paper and did you forget everything from being a leasing agent in a former life...
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Old 10-21-2013, 08:00 AM
 
Location: NC
6,032 posts, read 7,965,298 times
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Sounds like you need to move cities if there are no opportunities.
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Old 10-21-2013, 08:14 AM
 
Location: The Triad (NC)
30,229 posts, read 66,756,813 times
Reputation: 35707
Quote:
Originally Posted by Katlakat View Post
Aunt and uncle work for the pipeline
...let us rent one of their homes on a month to month basis.
They had warned us that... they would want their house back.
There is no deposit and we owe for the rest of this month's rent and utilities...
Better start packing.
The rest is a soap opera about technicalities.
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