The reason for eviction was monetary. But I did list the alleged illegal acts I accuse them of.
Because they are not reasons for eviction, I dont feel worried. I just wanted them stated because Section 8 Housing gets a copy and I wanted to let them know what they are up to.
I figure this could leave me open to slander. But I can prove what I claim. So it therefore is not slanderous.
The fact that the police dept has them on a narcotics dealing watch list and neighbors were complaining about traffic does not make them a drug dealer. But When i went in while they were not home to inspect if they had animals, I saw drugs.
As far as the animals, Even though a person lodged a complaint with me after witnessing the animals theft by them, all I need is to see animals in the house to prove breach of contract and begin eviction.
So while the “other” items mentioned on the eviction notice may sound a bit like heresy, they CAN be proven at a later date if necessary.
My intent was to over power them with items so they would be less inclined to stay and try to fight me.
In Okla you only need a 5 day notice for monetary things. You need a 14 day notice for breach of contract outside of rent due ( the animals and drugs) and if I just want them out because I dont like them but they havent breached the contract it is a 30 day notice. So since all 3 apply, luckily enough they owe $500, 30 days past due, and I can site monetary reasons.
I aint a lawyer, but judges have sided with me thus far. I try to do whats fair. I also give more lattitude than the law calls for. That “inspection” entry was after many repeated efforts to set up an inspection with them home.
I served a “5 day Notice to Quit” (eviction) on a tenant today. It cited $500 not paid, pets on premises (voiding contract) and “llegal panderings” (another contract item), naming drug dealing and the theft of a reported prize pair of champion breeding Dogs (The dog owner 1 mile away had named she and her car and her husband to me personnally).
Upon serving the notice, the only defense she had was " There is no way I stole those dogs…I was in class that day".
I hope you didn’t actually name the drug dealing and the theft in the eviction. If she hasn’t been convicted, she’s not guilty. Her free attorney may be able to use this against you.
It amazes me sometimes how idiotic some tenants can be. They can’t even lie well. I recently severed a 30 day notice to a tenant and on the 28th day she called me with a sob story about not having anywhere to go going as far as to tell me she had no relatives in the area and she needed an extra 30 days to find someplace. The problem was that she had told me several months earlier that her mother lived in a nearby suburb and I had even met some other family members. Obviously, I declined the extension.
On day 30, she called again telling me she would be out that evening. I asked her if she had found someplace. She said no, she was moving in with her sister until she found a new place. Of course, this sister didn’t exist 2 days before when she was asking for an extension (obviously trying to get another 30 days free rent).