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PDF Editor FAQ

If you do not pay rent to your landlord, why does the landlord file eviction in court instead of asking you to move out from his property?

We don’t; in fact we usually couldn’t do that even if we wanted to, as most states require us to serve a notice to vacate before we can even proceed with a formal eviction.That notice you receive directly from the landlord is not an eviction notice. Depending on where you live it might be called something like a notice to “cure or quit”, or just to “quit”, and this is the landlord telling you what you must do to avoid having a legal case filed against you. A notice to vacate is the same as a notice to quit, and this one means that you must move out (plus empty and clean the space and return the keys) within a certain number of days, usually three or five, or you will be formally evicted. A notice to “cure or quit” gives you the additional option to pay what you owe – or fix whatever problem has led to the notice – within those days, to avoid being evicted.Some landlords do actually ask tenants to move, before they even issue their own written notices, but there’s a very good reason why a lot of us don’t. If we’ve reached a point where we’d even contemplate eviction, it means we need to get rid of those people. We could ask, but we’ll have absolutely no way of knowing whether the tenant is actually going to be gone by whatever time they agreed to. If they comply, all is well, but if they don’t, we’re right back where we started. If my tenant hadn’t paid rent on April 1st (under normal non-pandemic circumstances), I could serve them with a five day notice to vacate anytime after midnight on the 2nd. If they didn’t leave by the 6th, I could then file them paperwork with the court to have them evicted. It varies by state and municipality, but in my case they’d be served with the actual eviction notice on the following business day and given a court date within a week or so – though this can take up to two months elsewhere. Typically those tenants would be physically removed by the marshals before the 20th, and unless I eventually get paid for those days through a lawsuit, I’ll have lost 2/3 of a month’s rent.If instead I had simply asked my tenants to leave within five days, their promise to do so would be meaningless in the eyes of the law. Once I determined that they had broken their promise, I’d have to start from scratch by delivering that written notice to vacate and give them an additional five days to comply. That would mean missing out on an additional five days rent, which would be hundreds of dollars in my cheapest unit. Since my goal is to have the evicted tenants removed by the twentieth so I’ll have ten days to clean, paint, and perform repairs in order to move in someone else on the 1st, those five extra days could potentially turn into an extra 25 days, since my leases start on the 1st or 15th. Even if you think these are minor issues, remember that all it takes for a landlord to avoid wasting this time is to serve a written notice immediately.Whether you’re asking about the actual filing in court or the landlord’s own notice, the answer is the same: We don’t ask because a simple verbal agreement isn’t binding in this case, which makes it way too easy for scammers to extend the time they’ll get to live for free or continue trashing a place.

My landlord locked the doors on me and says he won’t let me in unless I promise I will clean the house. Is he allowed to do that?

No, he is not allowed to do that, but your best bet is to comply with his request.What your landlord has done is a variation of self-help eviction, and that is against the law in every state in the US. That part of it is straightforward, but the complication for you is that this isn’t a crime or a matter that the police will act on. Depending on the laws in your state you will have to sue your landlord to fight an illegal eviction, and while that isn’t as difficult or expensive as you may think, it will still take time and I assume that you need to get back in to your apartment now.Your landlord’s action are illegal, but you would need to prove it if you chose to take him to court. Documenting all your communication could be helpful, but if your landlord is prepared to lie in court you may have a lot of trouble. One landlord in my city simply lied and said that he had changed the locks to provide better security, and that the tenants had received their copies, and another successfully argued that the tenant had abandoned the property. The law is one thing, but the reality of what ends up happening is often another.Even if you do go through the courts to regain possession of the apartment, your landlord still has ample grounds to evict you if you have made such a mess that he felt like he needed to lock you out. In that case he will be ordered by the court to let you back in, and he will then proceed to evict you legally. In most states you will have five or ten days to move out after you receive the notice to vacate, and failing to meet the deadline will land you back in court. It may take several weeks before the eviction goes through and you are removed by the marshals, but at that point you will have been formally evicted and you will be permanently disqualified from renting with 99 percent of all landlords.The only reasonable course of action for you is to tell your landlord that you are aware that he is breaking the law, but that you will refrain from suing or filing complaints if he lets you in immediately and gives you a reasonable amount of time – 24 hours, for example – to clean the apartment.

What is the most surprising thing that was going on with your tenants that you had no idea about?

Several years ago I lived next to my two rental houses. I noticed that when the 2 guys that lived in the house closest to me went to work for 2nd shift this man and woman showed up at their house for several hours most evenings. I asked who they were once and the 1 tenant said it was his niece and her husband. He worked out of town and they met there because it was the halfway point between her home and his job site. I accepted the answer because it seemed legit. Boy it couldn’t be further from the truth. As time went on strange things were happening and I was too naive to understand and put the pieces together. After about a year The Rest of the Story came out. I came home from work and had sat down to eat supper when my other tenant came over and asked me if I heard what happened earlier that day. My rental had been raided by the alphabet soup for a meth lab! What a mess. The thing that angered me most up to this point was the cops had arrested the morons but put their dog back in the house. Knowing this was now an active crime scene I called the police to get information and permission to get the dog out of the house. They made me wait until they got there so they could give me some paperwork informing me that if I didn’t serve them immediate eviction notice that I was being charged as an accessory. Now I’m about ready to lose my mind. WTF are you people thinking?? This is my business property that was damaged by heaven knows what kind of chemicals and you think I approve? What the heck were they thinking when they put that poor dog back in there instead of calling the humane society? Then 2 days later I received a letter from the county health department that the house is uninhabitable until it is cleaned. 🤦‍♀️ I called the health department and asked ok how do I clean the house? We don’t know but that house is uninhabitable until it’s cleaned. It took me a month to find someone that could figure out how to clean it and it took 5 months to clean and $65,000. Insurance covered that time despite a desperate attempt to get out of it. They no longer cover meth labs. The strangest part of the story is the tenants were facing 65 years in prison because the house was across the street from a daycare and 1 guy was given 70 DAYS and the other got 75 DAYS. The 2 that were doing the cooking got 2 years and at the time got arrested it was for 2 separate meth labs and that sentence was for both meth labs 😞 who says crime doesn’t pay.

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