Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I didnt have the money to pay rent for this month of january and my landlord is threatning to come and kick us out or that someone from the bank is going to come tomorrow and lock our things in the house if we are not gone..we dont have anywhere to go untill the 1st of feb.can he do that or by law is he suposed to give us some time to get out?

Answer: Landlords must go through the court eviction process to legally get you out. That means you must be served with a proper notice (5 days for nonpayment of rent)and court papers (summons and complaint) at least 5 days after you get the notice, that say when court is. If you don't go to court at that time or if you do and the judge says you have to be out, you will have 5 days to move or the sheriff or constable will come and lock you out. The landlord or manager or bank cannot lock you out and if they do, you can go to court to get back in and seek damages. So if you haven't received any notice yet, you should have at least 15 days until you have to move.. If there were problems with the condition of the rented unit and that's why you didn't pay, you need to bring this up in court or in a written answer and counterclaim and you need to have notified the landlord in writing about this before to avoid eviction for nonpayment. It will still be up to the judge if you have to move out.

QUESTIONS

  • I didnt have the money to pay rent for this month of january and my landlord is threatning to come and kick us out or that someone from the bank is going to come tomorrow and lock our things in the house if we are not gone..we dont have anywhere to go untill the 1st of feb.can he do that or by law is he suposed to give us some time to get out?

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