I got a phone message last night from my ex-bf. The landlord is trying to evict us because he wants to sell the property. The letter is dated the 10th, postmarked the 19th, and Victor wants us out by then end of the month. I have not yet even received my letter. It was also sent regular mail, *not* registered.

I didn't sleep at all last night, worrying about this. I think I need a lawyer. I'm feeling unbeleivably stressed. I'm already tired (the chronic fatigue with the endo has been kicking in recently) and this isn't helping. I had originally planned to go down next month and finish packing things up. Its not that there is that much to do, its that my energy level is kaplut.

I am so stressed by this!!!!!!!!!

Any advice would be helpful.

Catherine

I'd already gone down and gotten one load of stuff out, and I was planning to do another load early next month. I have always paid rent on time, he's planning to sell (he bought the property because its on a *huge* lot). I don't know if he's found a buyer yet.

The landlord wants me out by the end of May. I was going to go down early-to mid June.

My mom has offered to come down with me, and help me pack up. The only caveat is that I'd have to go in to New York to pick her up.
(Well, that and her snarky comments about the state of my health this morning "chronic fatigue is not a part of endometriosis" was the classic. Excuse me???)

*sigh*

Cate

If you are already planning to move (noticed the stuff about packing), how much difference is there between the time he wants you out and when you planned to move?

Your landlord may not be aware of what is legal, so once you know your rights, I am guessing that you will be in a strong position to get the time you need.

Cate,

I don't know if this is the law across the US or not, but here in CA, if they are going to evict you for any reason other than non-payment of rent, landlords/property managers have to leagally give 30 day eviction notice, and then they can't have anyone come out and physically evict you (like the Sherriff's department) for another 30 days after that, so it is actually a 60 day process....unless you have been delinquint with rent payments. Then it is a 15-30 day process (never been through that, so I don't know EXACTLY the amount of days for that one).

Cate,
I am sorry about this stress. When we moved to Madison and were building our house, we rented and had no lease- paid month to month. We anticipated that we'd be out in 6 months. The whole process took longer than we thought and the landlord gave us 30 days notice at one point because he was selling the townhouse. We were distraught as we had a framed house 20 miles away with no roof or walls!
As it turned out, in Wisconsin, without a lease, 30 days notice is legal on both our parts. Luckily, he did not sell the property and we were able to stay through the completion of our home.
If you do not have a lease, you probably get 30 days minimum. Also, keep in mind that he is not liekly to sell the property immediately and you might have even more time.
Sorry that you are feeling so tired and that endo is painful too. Good thoughts with you. I could feel the angst and worry as I read your post. I remember it!

I don't think your landlord has the right to do this:

http://www.legal-database.com/eviction-law.htm

If you are a student, you may have access to Student Legal Services. If not, check your phone book for attorneys who will do a free consultation, or if you qualify, check into Legal Aid.

P.S. I recommend talking to a lawyer before you talk to the landlord so that you know what your rights are. Any communication with your landlord should be in writing.

I also recommend contacting the landlord. To forcefully evicited you would be a pain on his part (it took my parents over a year to evict tenants who didn't pay their rent and there was no lease). I'm sure that he would rather work something out than be forced to go through "regular" channels which will take him forever.

At least you are being evicited from your current place of residence!

I think Indiana and Georgia laws are about the same. Generally, you are first sent letters by regular mail and registered mail outlining what you did to break the contract, the letters are to put you on notice.

And yes, 30 days notice is typically the minimum anywhere.

Try to give the landlord a call and see if you can work out a deal "Maybe we don't need a full 30 days as required by law, but the end of the month is not enough notice...blah, blah, blah."

Dawn

When does your lease end? Have you always paid on time and kept up your half of the deal? If so I don't think the landlord can void your lease. He will just have to wait until it expires and not renew it. If you have not kept up your part of the lease then he probably can evict you. However, he has to get the sheriff's office to serve you with eviction papers. From that date you have 30 days to leave the house or file paperwork contesting it with the courts. At least this is how it works in VA. I recommend that you call the landlord and try to negotiate the letter he sent you. If he is unwilling then call a lawyer and let the lawyer handle it.
Best Wishes