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Old 02-10-2015, 12:09 PM
 
Location: southwest TN
8,568 posts, read 18,070,811 times
Reputation: 16702

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Quote:
Originally Posted by Electrician4you View Post
Ok so stop paying and let them evict you. Try finding a place with a eviction on your record that's not some slum craphole and overpriced. Good luck.

OP does not want to move before buying a new house FOR CASH. So s/he has no interest in renting again - stated clearly and several times.

Just because you feel it's unfair doesn't mean you're not getting the correct advice.
On this, I totally agree.

Quote:
Originally Posted by oregonwoodsmoke View Post

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.

OP stated that s/he will be paying cash with no mortgage applied for.



[[[[[[........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.

OP will probably wind up in an extended stay motel while searching for a new house to buy.

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.
Quote:
Originally Posted by Lacerta View Post
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.

OP, read the above 3 sentences. Try to understand the meaning behind them. You will gain no more than a month or 2 most likely and that doesn't seem to be enough time for you to purchase a new home after selling your old one. Your best bet at this time would be to apply for a "bridege loan" (bridges the selling of old to the purchase of the new - used to be I don't know about now) and get yourself out.

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.
See above, has idea of paying cash for new house.
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Old 02-10-2015, 12:53 PM
 
Location: Charlotte, NC
4,761 posts, read 7,809,210 times
Reputation: 5328
You have no leg to stand on in regards to any of the three things mentioned on page 1. Do be aware that NC evictions are getting faster. My last one had a hearing scheduled in less than a month. It was closer to 3 weeks. If you have to find another place to rent, just being filed against can be a disqualifying item. It makes no difference whether the eviction was granted or dismissed. It's the "where there's smoke, there's fire" theory at work since eviction is the final step after several others.

In this case the landlord is totally free to ask you to move. There is nothing preventing them from doing it. You may not like it, but it is perfetly within the law. As Mr. Rational stated. Start packing.
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Old 02-10-2015, 01:02 PM
 
Location: Charlotte, NC
4,761 posts, read 7,809,210 times
Reputation: 5328
By the way, OP.... If you do appeal the judgment, you will still have to pay the rent and court costs to the magistrate's office before anything proceeds, in person. If the eviction hearing grants rent, damages, costs, etc., you will have to pay every last dollar of it for your appeal to be perfected. Figure on a minimum of rent + $126 + anything else awarded. If you don't, the 10-day rule applies and the Sheriff can be brought out to remove you from the property, whether you have your stuff out or not. Then you have 1 chance in a short period of time to get your stuff before the landlord is able to liquidate it at auction. Also, Superior Court judges are not fans of your proposed tactic. I've seen it with my own eyes, and it got expensive, quickly, for the tenant.

So, you say it will cost $4000 to store your stuff. How much will it cost to replace it? And the landlord is allowed to let you in when it is convenient for HIM. You're not in control at that point.

Another little tidbit is that the judgment against you can be renewed after 7 years. You may not need credit now, but I would imagine you'll need it at some point in the future.

Based on your "Ill drag it out attitude", I'm rooting for the landlord to put it to you. Hard.
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Old 02-10-2015, 01:30 PM
 
Location: Boise, ID
8,046 posts, read 28,420,707 times
Reputation: 9470
Quote:
Originally Posted by NY Annie View Post
On this, I totally agree.

See above, has idea of paying cash for new house.
I misread that. I thought the OP was getting a mortgage now, but any future house would be cash, but you're right, he did say once he sells his current house, he will buy with cash this time around.
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Old 02-11-2015, 09:27 AM
 
28,111 posts, read 63,536,638 times
Reputation: 23240
City-Data provides no legal advice... only members sharing their thoughts.

My last eviction was a strange one and I average about 1 every 10 years.

My tenant of 5 years asked me to evict her... she later admitted she received bad advice.

She was under the belief being evicted would make emergency housing options available... it did not.

Good Luck and my only thoughts are be certain you understand all the possible ramifications this may have in your jurisdiction...
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Old 02-11-2015, 08:20 PM
 
Location: Riverside Ca
22,146 posts, read 33,387,997 times
Reputation: 35433
Quote:
Originally Posted by NY Annie View Post
On this, I totally agree.
See above, has idea of paying cash for new house.
Even buying cash, doing what OP is doing and getting a judgement AND eviction can in fact hurt him years down the road. Ok he buys a house cash and two years down the road he has to sell because a medical emergency or some reason he has to sell. Whatever happens and now has to go back to renting. Things can come back and hurt you later in life when you least expect it. One thing I learned in life is never say never.
Morally wrong. And sometimes what goes around comes around.

This has nothing to do with race as OP claims. It has to do with OPs sneakiness.
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Old 02-11-2015, 08:37 PM
 
16,235 posts, read 25,150,354 times
Reputation: 27047
Well, you've answered the "why" they want you out. Seriously.

And, if you need to sell your home....better get on it....it certainly isn't your LL's fault.

Sorry....I am not sympathetic when someone is spending so much energy trying to stick it to their LL....When they should be expending that same amount of energy finding their next rental.

I wish you good luck.
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Old 02-11-2015, 10:57 PM
 
Location: San Diego, CA
3,545 posts, read 6,019,378 times
Reputation: 4096
Quote:
Originally Posted by vanyali View Post
Everything I have read on NC landlord tenant law says that three good defenses to eviction are (1) retaliatory eviction, (2) fair housing violation, and (3) acquiescence of landlord by continuing to take rent.

No one has yet explained how any of those defenses wouldn't work in my case.

Just replying "no" with nothing to back it up just makes it look like people are posting without knowing what they are talking about. If someone actually has some knowledge on the subject, I would be happy to hear it.
You're not being evicted.
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Old 02-13-2015, 08:29 PM
 
27,206 posts, read 46,646,405 times
Reputation: 15661
Discrimination under Fair Housing will be a difficult case since they rented to you so if discrimination was the case they wouldn't have signed a lease with you.

There must be something else that the LL is willing to risk down time instead of a tenant who wants to stay.

Your title already makes it sound like you don't care to do something that makes things worse which makes me think twice.

Quote:
Originally Posted by vanyali View Post
I have a residential lease in Wake County, North Carolina. My lease runs out in 2 months and my landlords want us out. However, they are not moving in or selling the house or raising rent. They are advertising it on Craigslist for same rent I am paying.

We have never been late with the rent, never violated the lease, never been in trouble with the law, always given the landlord access to the house (which she has demanded to "inspect" a couple of times over the lease term).

My lease says that if the tenant holds over then it automatically creates a month to month tenancy w/ 60 day notice requirement to terminate.

I offered a month to month tenancy and was turned down. I offered a 6 month term and was turned down. They just want us out. I have a house to sell before I can afford to move. I figure I probably need 6 months to sell that, buy a new place and move in.

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?
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Old 04-13-2015, 08:30 AM
 
Location: Asgard
1,185 posts, read 802,094 times
Reputation: 670
Vanyali:
Take the advice you're getting on here. It seems that your LL have done the right thing by giving you proper notice to quit. You may not like it but they can refuse to rent to you for whatever reason they please; in factthey don't have to give you a reason why they are not renewing your lease.

You cannot go to court and say : they did not repair something, the are racists. Those are irrelevant since the LL just wants his house back; end of story. And you staying past the notice is called 'unlawful detainer'.

Think about the consequences:
- You WILL get a public record on your record and that will slam your credit as a judgement pretty hard
- You will still have to pay rent while the trial is going on
- You WILL have to pay for the LL's legal fees that corrured due to this eviction + other damages
- I know you're planning to buy a house cash but if you had to rent or apply for credit for any reason, a judgement on your credit file will definitely cause problems.

As others said, your LL were clear in that they don't want to renew you. Give them their home back and move on. Again you might not like it but what's your defense in court? You don't want to leave because you have to sell your house first? The judge doesn't care

You don't have money to pay the LL (for example)? : The judge doesn't care
Your LL is mean to you ? The judge doesn't care if you didn't report anything prior to the eviction case

I don't want to be mean here but what gives you the right to 'hijack' someone else's house when they told you fair and square that they don't want you there and gave you proper notice?

Last edited by Asgardian; 04-13-2015 at 08:47 AM..
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