What can I do if my landlord is threatening to evict me? 5 Answers as of August 12, 2011

I refused to give my landlady a refund at the store where I work because to do so would have violated store policy. Approximately 2 weeks later, we get the maintenance man telling us she called him to come and talk to us about our dog barking for hours. We called her, and she stated she got complains daily about the dog barking and we asked if there could be some mistake because our dog was kept inside the house unless we were outside with him for him to relieve himself. My husband told her we would be looking for somewhere else to live (lease says we have to give her a 30 day notice). About 2 hours later she called and asked for an exact date of our move, and my husband told her we were looking for a place and would let her know when we found something. Less than 20 minutes later, the manager delivered a notice to vacate with no reason stated. We got the eviction notification on the 9th that stated nonpayment of rent. The rent is considered LATE on the 5th according to our lease, and our notice was delivered on the 3rd.

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Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
Your landlord can't evict you for non-payment if you paid the rent.
Answer Applies to: New York
Replied: 8/12/2011
The Law Offices of Robert W. Bellamy
The Law Offices of Robert W. Bellamy | Robert W. Bellamy
For non payment she can evict you. She has to give you 30 days notice unless the agreement says less and the lease was made prior to the enactment of the Alabama Landlord-Tenant Law. If she attempts to self help and put you out she could be in violation of the Act and it could cost her 3 times the rent and legal fees. I suggest speaking with an attorney to better understand your rights.
Answer Applies to: Alabama
Replied: 8/12/2011
Frances R. Johnson
Frances R. Johnson | Frances R. Johnson
In Colorado, the landlord has to file a lawsuit to complete a legal eviction. If you don't want to move right away, you can wait to answer the suit in court and present your side of what happened, etc. If the rent was not late, it does not sound as though the landlord can legally evict you under the facts presented. You should a consult an attorney where you live to receive advice that more specifically addresses your situation.
Answer Applies to: Colorado
Replied: 8/11/2011
Law Offices of Steven A. Fink
Law Offices of Steven A. Fink | Steven Alan Fink
If you paid the rent for this month and she accepted it she has waived right to evict you. If she files unlawful detainer you have defense. Moreover, she will not be able to get a judgment against you even if she did not accept rent, until a minimum of 45 days from now. In short, continue looking for new place and give notice when you find it.
Answer Applies to: California
Replied: 8/11/2011
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