Monday, August 16, 2010

I'm on a month to month rental lease, I did not pay this november's rent due just being served papers?

that the property is going into foreclosure. I sent a letter letting her know that I would possibly be in the home til the 15th, but I did not know for sure. Now she is attempting to change the locks and have me removed by the police can she legally do that even with the letter that I sent?I'm on a month to month rental lease, I did not pay this november's rent due just being served papers?
After the Pay Rent or Quit notice as been given you then the landlord then must file an Unlawful Detainer law suit against you in court.





There will be a court hearing if you respond to the suit.....at that time a judge will rule if you should be ordered out of the property or not.





You landlord cannot legally force you from the property until the judge orders that you be removed. It takes a Sheriff, Marshal, or Constable with an order from a judge to remove you, but a court hearing must take place before a court order is issued.





That process will take 2-4 weeks depending on if you answer the complaint or not.





Not in general...a landlord can't ever change the locks or have your removed without a court order....and that applies in every state.I'm on a month to month rental lease, I did not pay this november's rent due just being served papers?
exact details depend on the jurisdiction your in ( generally what state ).





In general, the landlord can not change the locks while you are living there, whether you've paid rent for the month or not. In general, the court has to issue a forcible eviction judgment in order for you to be forcibly removed from a residence. Usually that is a two step process where the court first issue an order for oyu to vacate and then, at a later date, issues an order for the local sheriff to forcibly evict you.





Generally speaking, a landlord changing the locks or forcibly removing you without a court ordered forcible eviction leaves the landlord completely open to civil lawsuit relating to any and all expenses you incur due to the locks being changed or otherwise forcing you out of the residence. Your expenses include anything, from food to hotel room to clothing to anything, that you would not have had to incur if you had not been wrongfully forced out of your home.

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