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Thread: Landlord is Kicking Me Out!!!

  1. #1
    God/dess Kisca's Avatar
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    Default Landlord is Kicking Me Out!!!

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    thanks all
    Last edited by Kisca; 08-28-2011 at 12:54 AM.

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    Default Re: Landlord is Kicking Me Out!!!

    I suggest having a consultation with a lawyer familiar with these types of issues.

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    Featured Member OJenni!'s Avatar
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    Default Re: Landlord is Kicking Me Out!!!

    Go to tribunal. Even if you are not within a lease, they must give you 2 months notice to leave.



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    Featured Member lemiwinks31's Avatar
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    Default Re: Landlord is Kicking Me Out!!!

    you have a great deal of rights as a tenant. They cant just tell you to leave.(well, they can tell you but they cant MAKE you) To do that, they have to legally evict you. Depending where you are, that could take up to 4-6 months.

    The 7 day letter is the beginning of that process. Believe me, they do NOT want to have to legally evict you. It is very costly.

    I have actually paid tenants to leave voluntarily.

    They cant change the locks, they cant enter your apartment without notice. If they do, call the police.

    Get familiar with the rental laws in your area. Once they know that YOU know them, they will realize that you know they cant pressure you.

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    Default Re: Landlord is Kicking Me Out!!!

    I was under the impression that you have a bare minimum of 30days to leave.
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    Default Re: Landlord is Kicking Me Out!!!

    I went through a very similar situation many years ago. She was constantly complaining that my music was too loud, and complained to management that I was throwing wild parties all hours of the week night, to which I got a warning letter.

    I just kept my music down low, but still...I swear its like she had a ladder and pressed her ear to the ceiling or something, cause as soon as I popped in a CD, shed bang the ceiling with her broom and I could hear her screaming "turn that shit off!!!!!!!" Got another firmer letter from management saying I was facing eviction as I was getting "numerous" noise complaints.

    She called the cops on me...when I answered, it was the middle of dinner, didnt even have the TV on...just kiddo and I. The cop could clearly tell there was nothing wacky going on and just said he got a complaint and had to check it out but sees nothing wrong. Same cop came out yet again less than a week later...I was giving kiddo a bath..again, no music, no tv on, nothing. He went down to talk to her...came back up to tell me he warned her of misusing police resources, and was even nice enough to visit my management office and talk with them directly.

    No more letters, no more complaints.

    I wish I had more advice as far as legal action to take, but the others are correct, you do have tenant rights, and they cant kick you out with a few weeks notice..they have to go through the process of evicting you. Find out what the laws are, let your landlord know that for one, you are not guilty of what this neighbor is accusing you of, and 2, you know your rights.

    Another thing too..I would point out and ask...are all my neighbors complaining or just this one? And talk to the other neighbors, ask them to at least talk to the landlord on your behalf...cause its a mighty weak case if they are the only ones hearing drilling, hammering and wild parties when no one else is.
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    Senior Member amorescudero's Avatar
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    Default Re: Landlord is Kicking Me Out!!!

    I would start calling the cops on her! I would say she threatened me...shes been looking in my windows...banging on my door threatening to get me evicted....stalking me at the grocery store.....kicking my car....calling me racial slurs...Id dish that shit out right back. Then complain to the landlord non stop about her...

    but then again I am kinda crazy.

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    God/dess 4everresolutions's Avatar
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    Default Re: Landlord is Kicking Me Out!!!

    They can't can't kick you out like that.

    First the landlord will have to file a Notice To End Tenancy Early - that, legally, has to give you 14 days to clear up the 'issue' or reason for asking you to leave (which in your case would be "tenents are disrupting the reasonable enjoyment of other inhabitants of the building"). After that, you landlord has to apply to the Board for a hearing. The Board will send you a letter - Notice of Hearing -with your hearing date and time on it and a copy of the eviction application. Getting the appointment with the board can take a while - weeks or months in some cases, it depends how fast things are moving in the courts at that moment - and then you'll show up to the hearing. Usually before the hearing you can make an appointment with a mediator, who can help you and your landlord discuss and resolve the issue.

    Threatening to kick you out of your apartment for a couple noise complaints is not allowed. If a landlord wants to evict you, they HAVE to follow the proper legal channels, or else it is considered harassment. I'll PM you a couple links, KK?

    Sorry this is happening. That woman sounds like she's got her panties in a bunch. I was under the impression that as long as things are kept quiet from 11PM to 7Am there's not a lot you can do for "noise complaints" (the people who live above me are REALLY fucking loud...).



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    Veteran Member Bennu's Avatar
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    Default Re: Landlord is Kicking Me Out!!!

    Bet you're kicking yourself now for not getting that cute cop's number, huh?

    Live in Ontario? http://www.ontariotenants.ca/index.phtml

    I won't waste your time by repeating what everyone else has already said. I will add though, that you and your roomie might want to try and talk with crazy neighbor lady, and see if you can resolve this problem in a civil manner. If that don't work, try telling her that your bf is in the mob, and if she doesn't shut her trap she'll be swim'n with the fishes.

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    Default Re: Landlord is Kicking Me Out!!!

    ive had this happen to me too
    stupid neighbours complaining about noise complaints, when the walls are paper thin and we can hear everyone making noise but hey what are we supposed to do? sit in a corner and not do anything all day. noise happens.
    once my bf and i were gone for 2 weeks and when we came back the landlord was ''oh i got more complaints about your noise making in the past few days'' wtf we werent even there. we also had cops coming.

    I would do my best to not make too much noise, although from what you are saying you dont seem to be making excessive noise.
    I would check on the internet for rules about apartments in your area so you can figure out what to do. i doubt they can just kick you out like that. and i agree with talking to other tenants about the noise complaints.

    good luck

  12. #11
    God/dess Kisca's Avatar
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    Default Re: Landlord is Kicking Me Out!!!

    Thank you all very much.

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    Last edited by Kisca; 08-31-2011 at 10:03 PM.

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    Default Re: Landlord is Kicking Me Out!!!

    I have rentals, it depends on what state you are in. My one tenants don't have a lease right now and they never pay late fees and are constantly in violation of what would get you evicted with a lease. All the research I did said I do have to give them notice but only 2 weeks and I have to have the sheriff serve them with eviction papers.

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    Default Re: Landlord is Kicking Me Out!!!

    I would just go talk to the person who complained and try to be more quiet... even if you aren't loud could just be the apartment carries noise.. best to talk to the person. Introduce yourself and discuss the issue rather than fight about it.

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    Default Re: Landlord is Kicking Me Out!!!

    To me it sounds like this woman is trying to push you out of the apartment complex. I've known a couple of middle-aged/older women who are convinced that every woman who is young and attractive is plotting to steal their husbands. Usually in this case these women apparently haven't looked at their husbands in the past 20 years, because if they had, they'd realize that no woman is out to steal them. LOL.

    So she's probably going to keep being a you-know-what until it doesn't work anymore. You're going to have to convince the management that she's the one making stuff up and that you are a perfectly good tenant. I agree with others that getting your other neighbors to take your side of the story is the best way to go. I would steer clear of advice to do crazy stuff in retaliation because then you'll just validate her complaints about you in the eyes of the management.

    Of course there's always the possibility that this is just about the music. The guy who lives below me plays his music all the time and it annoys the crap out of me. I don't say anything because I realize that he's playing it at a perfectly reasonable level, and that the only reason I hear it is the way this apartment building is constructed. If he started playing it at 3am I would probably tell him to turn it down. But so far he only puts it on during the day. Some buildings are designed very poorly so that everyone can hear everything, or so that certain units can hear everything from certain other units. So you guys might want to watch the music volume for awhile and see if things clear up. That would be the easiest solution it seems.

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    Veteran Member housewench's Avatar
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    Default Re: Landlord is Kicking Me Out!!!

    I had a different version of this happen. tldr; old school tenant who lived here before the current landlord bought the apartment and turned it into university student housing, fixated on us, was convinced everytime he smelt a smell that it was us smoking pot. Cue constant harassment.

    Definitely check up on your local Renter's Rights. Some city government centers have a hard copy of the brochure, which is a definite must. I know in my state, the only way that you can be directly tossed out is breaking the lease or a drug issue, but even the drug thing both has to be current usage and gives you 7 days to appeal the judge's decision.

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    Veteran Member sweetsam's Avatar
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    Default Re: Landlord is Kicking Me Out!!!

    I think OP has to check state laws. But yeah they cant just kick you out, that's ridiculous especially over a noise complaint. That lady needs to get over her shit. What are you in OP a condo or apartment??


    Quote Originally Posted by JayATee View Post
    I was under the impression that you have a bare minimum of 30days to leave.




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