What are my rights if my landlord's wife is trying to evict me for non-payment? 6 Answers as of April 23, 2014

Her name is not on lease, as the lease agreement is signed by my landlord and myself and while I did lose my job and haven't been able to pay the full amount, I have been sending in payments, which haven't been returned or refused. I'm moving in a few weeks (after June 6th) when my son graduates.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
An eviction can only be brought by the person who owns the property and has a right to possession superior to the tenant. If she is "in title", she would have a superior right to possession, whether or not she signed the lease..
Answer Applies to: Ohio
Replied: 4/23/2014
Law Office of Ranj Mohip, LLC
Law Office of Ranj Mohip, LLC | Ranj Mohip
Being evicted by someone other than your landlord would be a defense to an eviction. Note that there is a possibility that the landlord granted his wife a power of attorney.
Answer Applies to: Illinois
Replied: 4/22/2014
Dessy & Dessy, a Professional Corporation | Ronald D. Dessy
If you get served an eviction action, file a written answer with the court, explaining that the plaintiff in the lawsuit is not the owner or your landlord, and that your landlord has excepted partial payments from you.
Answer Applies to: California
Replied: 4/22/2014
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
You have the right to attempt to defend yourself, but generally if you are not paying your full rent your certainly subject to an eviction. I am going to make the assumption that your landlord's wife is acting as his agent which is generally not any problem.
Answer Applies to: Michigan
Replied: 4/22/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
Your rights are to go to court and tell your story. She is probably acting on behalf of her husband as a property manager and that would be legal.
Answer Applies to: Idaho
Replied: 4/22/2014
    Law Office of Jeffrey T. Reed | Jeffrey T. Reed
    She would have the same rights as her husband. If you have received a notice to move out and they accept a payment they will need to give you another notice before they can proceed with the eviction process.
    Answer Applies to: California
    Replied: 4/22/2014
Click to View More Answers: