Eviction Help

[darkinuyasha499]

Our landlord has just placed an eviction notice on our door and claims we have to move because of renovations. My mom has been holding rent because she (landlord) has not fixed things she has said she would. For example, the windows leak (which leads to our things getting ruined), we have a wobbly sink in the bathroom, there are holes in our bathroom that have let cold air and even bats in, our stove only has certain burners and is wobbly, etc. The landlord promised to fix the roof and get us better appliances and never did (in the 1 1/2 years we've been here.) There is also only one way out of the apartment. We live on the second floor and there is no stairs or anything at the back door. It is a good 20-30 foot drop. She said they would build stairs and a patio and again, never did. Do we have to move within this time or take her to court or what?

 

[army judge]

Only a judge can order your eviction.
A landlord can only ask a judge to do that in court.
It would seem that in your case, a court challenge could help you.
As long as you have the money to cure the rent default, your mother could present her arguments before the judge.
A judge might side with her and order the landlord to make the repairs and allow you to stay and cure the default.

A notice to quit or vacate isn't a court order. It is only a request.

 

[jacksgal]

Rent withholding is only allowed in certain states. In the states that do allow it there are only certain conditions in which one can do so. Not only that the monies most likely must held in some escrow account. I agree with AJ the "eviction notice" as you call it is most likely a "pay or quit" or notice to vacate. The landlord "must" go through court to have a tenant evicted

 

[Gail_in_Georgia]

You do, realize, don't you, that the landlord may now be addressing your own requests for repairs and because they sound extensive, this might require you to vacate the premises.

Have they discussed placing you in suitable housing while these repairs are being undertaken?

Failure to abide by such a request might only add fuel to a landlords argument that you are failing to allow them to adequately address your repair requests and that you are only withholding rent to remain in a unit rent free. And this could lead to them filing for eviction against you.

Gail