eviction notice allegedly for drugs
This is a discussion on eviction notice allegedly for drugs within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I just recieved a thrity day eviction notice i have kids and the reason for being evicted is because someone ...
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#1 |
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Guest
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I just recieved a thrity day eviction notice i have kids and the reason for being evicted is because someone said i was doing drugs in my apartment which is not true they never gave me the right to defend myself and they never investigated it
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#2 |
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You can refuse and let that go to court. If that is not true and they have no proof then the lease or your agreement is still binding!
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#3 |
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Top Level Member
Join Date: Dec 2008
Location: USA
Posts: 650
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What you got was not an "eviction notice" its commonly called a "notice to vacate". Unless you have a lease the landlord can end your tenancy long as he gives you notice. He has and you need to move or face real eviction
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#4 |
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My house was invaded by police, and searched for drugs and none was found and I arrested and held for 24 hours then released with no charges, but my wifes sister was charges with possesion and was afraid to go to jail and bonded then shorty after she bonded they dropped the charges, and we recieved a phone call from our landlord saying we have to move out with in 15 to 20 days and we need move time cause we paid him his rent just a week before, can he do that???
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#5 |
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Guest
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To better explain myself, I have live at our present address for 5 yrs and was never late on rent and don't owe any, and to do a nieghbor that don't like us I happened to have my house searched and served a search warrent and had my house tore up! they found nothing, held me for 24 hours and released me with no charges, now my wifes sister had a pill bottle with bills that didn't belong in it and was charged with possesion, shes never been to jail before and was scared so bonded out, and shorty after she bonded the charges where dropped on her, two days later I recieve a phone call from my landlord saying I have to move out by the end of the month, this month, he called on the 9th, thats not even 30 days, and I was not served any papers of any kind yet!? can he do this, we are on a fixed income and need time!! HELP!!!lol
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#6 |
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You need to answer a couple of questions before we can give you a definitive answer. I will explain.
What state do you live in? (Different states have different time periods for a notice to vacate, and different situations where the notice can be issued. Additionally, some states do not require drugs to be found or an arrest to be made. Some states allow an eviction based on reasonable cause. A drug raid is a basis for reasonable cause, even if no drugs are found. In this case, some pills were found and an arrest was made. Charges were later dropped, but that does not negate the drugs or arrest.) Do you have a current lease? Are you under rent control? (If not, unless you live in one of a couple states like NJ, NH, or in a rent controlled area, no reason is needed to give you notice to vacate. The LL may just give you the proper notice to move out.) Was the SIL in your unit when the pills were found on her? Did she have a prescription for these pills? (You are responsible for anyone in your unit and their behavior. If someone in your unit is arrested for drugs, you can be held responsible and your rental agreement terminated.) How much damage was done by police to the unit? (You can be held responsible for the damages done to the unit since drugs were found and an arrest was made.) |
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sandra (Oct 10th, 2009) |
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#7 |
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I think the LL will succeed in getting you out at some point
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