I am being evicted... Please help!!! - Posted by Dmitry

Posted by Bert G on May 08, 2000 at 21:27:21:

Before you start hurling stones, I suggest you take another look at the original post.

You said: "How can i make it so i can live in this apt for an extra 2 months ,inconveniencing the landlords who i forgot to ask for another extension 30 days before i was supposed to leave . "

however, to paraphrase the origial post, the lease ended March 31. Tenant asked for and received 2 month extension, with assurance they could get another. That would make the term end May 31. On May 1, tenant asked for extension and was refused.

How, pray tell, is asking for an extension thirty days before the end of the term “forgetting” to ask???


I am being evicted… Please help!!! - Posted by Dmitry

Posted by Dmitry on May 08, 2000 at 14:48:49:

Hi everybody… I need your help! Here is the situation. We have been renting an apartment, and the lease was expiring in the end of March. We asked for an extension, since we were looking for a house to buy. We were given a 2 month extension (for $15 extra a month), and we were also told that if we need another extension, we could let them know as soon as possible. May 1st, after a few of our offers got declined, I called the office to ask for another extension. I was told that the apartment has been rented already (these people will move in June 1st), and that they can not do anything at this time, except for moving us into another apartment. All I need now is 2 more months, since our lease/option offer on a house got accepted, but the sellers need 1.5 months before they can move out.
The office does not even want to hear about this. “You are out of there by the end of May. Period.” Is there anything I can do? If I play nasty, what does it take to evict us? I was told by the manager that they are calling the lawyer… How scared should I be?



Accept responsibility. - Posted by Matthew Chan

Posted by Matthew Chan on May 09, 2000 at 17:07:09:

I have been both a landlord and a tenant. I have been a tenant much longer. Having said that, it is your responsibility to line things up. An extension is a courtesy. They are not obligated to do it.

If you were dealing with me as a landlord, you would need to be concerned because I play to win.

You need to accept the consequences of your actions and get your stuff into storage and find a temporary place to stay instead of waiting for the ax to fall or creating more problems.

Re: I am being evicted… Please help!!! - Posted by JPiper

Posted by JPiper on May 09, 2000 at 09:24:09:

Why don’t you move your stuff into storage, and then stay with a friend, move into a motel. There are even short term “executive” rentals in many cities. You woulnd’t be the first person whose deal didn’t work out exactly, and had to vacate an apartment.


another post from a landlord… - Posted by CarolFL

Posted by CarolFL on May 09, 2000 at 08:10:05:

Yes, we are one of ‘those’.

Understand that vacnacies can kill cash flow, I think you got that. Ask them to help you move into that other apartment , be gracious, and thank them for their help.

They are dealing with you quite properly it seems… do the same with them.

I will tell you what I tell our tenants when we have any trouble (which is rare)… if we have to FILE and eviction proceeding, we will CONTINUE with it, even if the tenant moves out in the meantime, because if someone is so uncooperative that we have to get to that point, we want notice served to the world via a recorded legal proceding.

So, if it’s not too late, go talk to them and get creative about how to solve the situation making the best of it for everybody. Don’t forget, there is another family who plans on moving into a new home. Your lack of planning is having a huge ripple effect.

Go make it work for everybody. My guess is that there are numerous solutions.

Ask yourself this: Do you REALLY want an ‘Eviction’ on your record? (nt) - Posted by SusanL.–FL

Posted by SusanL.–FL on May 09, 2000 at 07:51:02:


MOVE OUT MAY 31st!!! - Posted by Soraya

Posted by Soraya on May 09, 2000 at 24:24:05:

I agree with Laure’s post.
Forget the advice of the other posts who reccomend that you fight and go to legal aide etc. That is the STUPIDEST THING I HAVE EVER HEARD OF. When they give you that kind of advice I doubt that any of them have ever done a lease option deal.

I do a special credit check that also reports if the potential tenant buyer (optionee) has ever been evicted. If they have, I “pass” on that applicant. That is the main thing I look for in the credit report. I don’t care if they went bankrupt last month as long as they have the option consideration I require.

Why take a chance that a landlord seller (Optionor) will check your credit and reject your offer because you were evicted. In San Diego I have never done a lease option that made less than $20K. Is the inconvenience of having to move twice in a couple of months worth losing a minimum of $20,000?


Re: I am being evicted… Please help!!! - Posted by Tom Jent

Posted by Tom Jent on May 09, 2000 at 24:15:33:

Am I missing something here? You want advice on how to stay in someone else’s property as long as you wish despite the lease you signed being expired? Income property owners using this site have enough problems from deadbeat tenants without having them logging on for advice on scr*wing landlords. The landlord is running a business. It’s a little ironic that you would disrupt that business so that you can persue your own RE aims as you please. He already gave you one extension. That’s pretty reasonable. If you are serious about RE you will probably be a landlord yourself sooner or later. Trust me, you’ll quickly gain appreciation for the headaches those “greedy, cold-hearted” landlords have to put up with from tenants like yourself.

Re: I am being evicted… Please help!!! - Posted by Laure

Posted by Laure on May 08, 2000 at 23:25:46:

I would concider how your new Landlord will react when/ if they find out you are difficult to do business with. If your new Landlord calls your current Landlord, the whole thing could fall apart on you and you will have no place to go… even in two months. I would make the move to a different apartment, as I understand they have offered you that option. I, as a Lease Option Landlord would RUN from a person who brought me potential problems.

Laure :wink:

Legal Aid - Posted by Bert G

Posted by Bert G on May 08, 2000 at 21:29:24:

If all else fails, call Legal Aid. They LOVE messing with landlords.


Re: I am being evicted… Please help!!! - Posted by Andrew

Posted by Andrew on May 08, 2000 at 18:50:53:

I dont mean to be harsh , and I will probably get flack for this, but…
Thats a lot of gall to come to a Real estate Baord , full of Landlords and ask " how can I pull one over on this “landlord”.How can i make it so i can live in this apt for an extra 2 months , inconveniencing the landlords who i forgot to ask for another extension 30 days before i was supposed to leave . how can i "play nasty " to this landlord so they cant evict me.
Come on now , in most leases i have seen , they also require YOU to give them a 30 day notice if you are going to extend month to month, renew etc. the same way the landlord is required to give you 30 day notice.
Im sorry your 1st deal fell through , but if you didnt give your 30 day notice again, then the landlord is in his rights in thinking that you werte going to vacate at the end of the 2 month extension, thereby placing someone else in your place. Now he has an agreement that you would like for him to break because you got careless ???

Just an opinion but its kinda rude .

Re: I am being evicted… Please help!!! - Posted by Branden

Posted by Branden on May 08, 2000 at 18:32:32:

Look at how your lease is worded. Often-times notice-to-vacate will require Written notice at least 30 days prior to the first day of the previous month. In other words, if you received Verbal notice on May 1, your landlord has until May 31 to give you written notice which will then require you to be out by June 30. A minor technicality which may buy you some time.

If the only notice required is 30 days, then you still have until June 1. The process for eviction is different for each state. In my state, South Dakota, the tenant has to be served by either a constable, sheriff’s deputy, or registered voter with a 3 day notice. This will give you 3 days exclusive of the date of service. After 3 days I have to serve them with a summons and complaint. This requires the tenant to answer my complaint within 4 days exclusive of service. During this time I have to file the summons & complaint with the magistrate court or circuit court. The court date is usually set 3-4 weeks out. At that time you would have to tell the judge what’s going on. They’re usually lenient and will give you whatever time is needed within reason. As you can see, you may end up with another month in the due process. Keep in mind you will probably lose your deposit.


Re: I am being evicted… Please help!!! - Posted by anthony

Posted by anthony on May 08, 2000 at 16:32:06:

How scared should I be?..

None. Eviction is a legal process. In my state, a month-to month lease is considerd permanent unless called by either party with suffucient notice. In my state that means 30 days unless otherwise agreed in writing. In most states, the jack-booted thugs don’t come by and toss your belongings out on the street. They usually have to wait until the ned of the notice period then serve papers with additional time limits. My State requires a 3 day notice then a 10 day notice. Then you have the option of asking for a hearing. With a strategically placed postponement or two, it could drag out for months. (which is why I don’t rent.)

Contact your Secretary of State and get a copy of your State’s landlord-tenant laws to find out exactly what your tenant rights are in your state.
Even if you have to pay court costs, it is probably cheaper than moving twice.

good luck

Evict all the way, no matter what? - Posted by Matthew Chan

Posted by Matthew Chan on May 09, 2000 at 17:02:09:

I like that. I am guessing most people would stop once they had their money or if they moved out. I think your technique will let people know you mean business. Learned something today.

I guess what makes your method so powerful is the THREAT of a complete eviction no matter what which acts as a tremendous deterrance. It rarely has to get to the eviction stage.