I am late on my lot rent and my landlord has served me papers to evict me he has harassed my wife at work even after we were served the eviction papers. he has stated that it will be a cold day in hell before he approves anybody to buy my home. I live in miami county kansas and I cant move my home. can I counter sue him for harassement and can I force him to purchase my home
214418
make a payment plan with him pay him a week payment plan i was 6 months behind on lot rent because he understand that i lost my good paying job so i made a payment play to pay him every week and it took me almost 2 months to pay him off\na month a week lot rent and offer 10.00 late fee he never once harassed me at all just make it in writing!!!!
462778
A case for harassment will be thrown out of court if it is based on your eviction of the tenant for nonpayment of rent. The operative word is "res judicata": she could have brought the matter up in the earlier case.\n\nAnyway, claiming and enforcing a legal right through normal channels cannot be harassment. I am assuming this is not a "statutory tenant" under a local rent control scheme. And that you did follow legal procedures.\n\nWith difficult tenants it is always best to keep a diary, listing contacts and what was said. If you have the means (perhaps by way of telephone bills) to reconstitute such a list, it will be helpful in court if the case is not dismissed on motion (you should tell the judge at the start that you want summary dismissal as the complaint states no cause of action; if the judge agrees then the case is over before it begins). Or you could counterclaim for the stolen (or "converted") property. You probably need to serve the documents for that now. You should be able to get a blank form (or a model as used in other cases) for that from the clerk of the court.
114676
Depends on the laws of where you live.\nHave the police been able to charge him with anything? \nkeep a detailed record of \nwhen and how you have been harassed or disturbed \nwith dates and times and when you called the police. \nDo not be shy to call 911. \nhave a video camera at the ready \nand use it when the harassment occurs, \ntho don't let him/her see it if possible.\nI don't know if it would be admissible in court \nbut do it anyway as it is a proof \nof some kind (Rodney King has taught us that)... \nI think the landlord has to contact a bailiff\n to put a lock on the door to get them out / keep them out but am not sure how this works.\nHere where I am they have a tenant's rights movement - \nif they don't have one there \nlook into starting one yourself? \nSometimes local universities with law schools \nwill give you free legal advice, \nand otherwise help students - *AND Others in the community-\nin regards\n to tenants rights and recourses. \nThe landlord is ultimately responsible \nso you must figure out \nhow to get them to do their job- \nand to compensate you if they don't do it. \nContact your local politicians, \nand maybe your local gung-ho tv/newspaper reporter looking for a story - \nmedia attention often gets things rolling surprisingly quickly. Newspapers are better than tv.
514994
Landlord / tenant laws vary greatly from state to state, and even from city to city.  In most places the deal is that the landlord can't engage in "self-help," that is, locking you out of your residence or throwing your things out on the street, without a court order. Some crazy states, like Texas, allow a landlord to take out a "landlord's lien," on your personal property, which may allow them to take possession of your stuff as security for failure to pay rent.\n\nHere's a link to an article about freezeouts on findlaw.com, a reputable source that's used by attorneys and average citizens alike:\nhttp://realestate.findlaw.com/landlord/landlord-eviction/tenant-eviction-illegal-self-help.html\n\nHere's another website based on Ohio law.  This sounds similar to the processes in many states, but may or may not be the same as your state:\nhttp://www.ohiolandlordtenant.com/faq2.html
637657
If you have a lease with the tenant then no cause they paid the rent but you are allowed to impose a late fee. You can start eviction papers again if they go late but then all they have to do is pay the rent and they are fine, what I would sugeest is the next time they are late is you file for eviction go to court and ask the judge to ammend the lease to state if tennant is late again that they will freely leave.
455476
I believe that if he has mail going to that address then he has established residency. If he can prove that he helps pay the rent then he also has established residency. With the lease being in your name alone you can evict him but you need to have him served with eviction papers. Go to the Marshall's office and request that they serve him. GOOD LUCK
426140
Disabled people along with everyone else can be evicted for "good cause" and in your case your landlords "good cause" is the excessive noise based upon complaints from neighbors about the noise.  Being disabled doesn't give someone the right to disturb other tenants.  \n\nThere are a lot of things you can do inside your unit to muffle the noise or bring it down to an acceptable level.  Maybe there are even funds available for you to do this with.\n\nIt's not a question of them just giving you 30 days to get out.  You get an opportunity to correct the situation, and if they feel it isn't corrected then they file. They still have to go through the whole eviction procedure in court, and there is no absolute guarantee that they will win.  The Judge could find that your son's noise level is acceptable or that you have taken the steps necessary to stop the noise from being heard outside your unit.\n\nWhy do some people think that the police are qualified to answer questions about civil matters such as landlord/tenant?  It always amazes me when I see people saying to "call the police and ask".  Is there some place in this country where all the cops are also paralegals or lawyers, property managers, landlords, etc ?
270908
If you are complying with the law, the landlord cannot make you move until your lease is up. If the landlord does not want to renew your lease, then you must move out. There is nothing legal that obligates the landlord to renew your lease.\nThe tenant must make efforts to get repairs made, damaged items replaced, or items cleaned (the labor might be done by either you or your landlord, depending on your agreement) that affect health and/or safety.  \n\nIf you do not promptly respond to these needs as each condition requires, the landlord can send you a written notice specifying that you have violated your lease contract and asking that you fix the problem within the next 14 days (if it is an emergency the landlord can ask for a shorter period of time). \n\nIf after 14 days (unless it is an emergency) you do not remedy the situation, the landlord can enter your apartment and fix the problem in a “workmanlike manner” and submit an itemized bill for the costs or the value of the repair and add this amount to your rent on the next date periodic rent is due (usually the 1st of every month). \n\nIf your lease has already ended, the landlord can ask for immediate payment. \n\nUnder the Landlord Tenant Act, the tenant is obligated to tell the landlord of needed repairs and to take care of the apartment. If you neglect maintenance issues, you are violating the law and could be evicted (see Violating The Lease\nUsually a landlord will try to resolve a problem with a tenant by talking to him/her first. The following are legal actions that a landlord can take against a tenant who is violating the lease. Most landlords will not take this kind of action unless it is absolutely necessary.\n\nIf you do not comply with any one of the conditions stated in the lease (or with the laws in the Landlord Tenant Act, see Tenant Duties), the landlord may deliver a written notice to you specifying the violations that you have made. The notice will also state that the landlord will end the lease and evict you in no less than 14 days. \n\nIf you fix the problem within 14 days the landlord cannot evict you. If the same problem happens again within 6 months, the landlord may send another written notice specifying the violation and evict you within 14 days (regardless of whether or not you correct the violation this time). \n\nIf you do not fix the problem within 14 days after getting the notice, the landlord may give you an extension. If he/she does not wish to give you an extension, the landlord can get a “Forcible Detainer Warrant” sent to you on behalf of the constable (this warrant is a notice that you will be Evicted unless you come to the trial date and defend yourself). The warrant will have a trial date stated on it. \n\nIf you receive this warrant, you should review it carefully and see a lawyer immediately (for a lawyer, see Legal Help). \n\nGO TO THE TRIAL! This hearing will determine whether or not you will be evicted. \n\nIf you are found guilty at the hearing (or you do not show up!), the sheriff or constable will physically remove you from your apartment a few days after the court date. \n\nFor more on eviction see Eviction. \n\nIf you do not comply with any of the conditions stated in the lease and your landlord is damaged as a result (either financially or in some other way), then the landlord can take you to court in order to get paid back (including attorney fees). \n\nIf you do not leave the apartment after the lease has ended, the landlord may take you to court to force you out of the apartment and sue you for more than 3 months rent, or three times the amount of damage sustained by the landlord, whichever is greater (plus attorney fees). \n\nThe tenant must pay rent at the time and place agreed upon by the tenant and landlord. The law specifies that unless a different agreement is made between both the landlord and tenant, the rent must be paid at the BEGINNING OF EACH MONTH of tenancy. In the case of a roomer, unless the renta
376254
In most states he must give a 24  hour notice when showing the unit for sale.  He has the right to show the unit and you have to let him with proper notice. Telephone notice is acceptable in most cases.  If there is not a 24 hour notice you can deny access.  That's how it goes when you rent.\n\nI just went through this and as soon as the sale closed I was handed an eviction notice.  My lease did not have a transfer clause in it (the lease was voided at sale.)  Read your lease and ask that this be included in it as an addendum prior to the sale.\n\nWhen you rent the rules are out there and they don't favor you.
66104
Do a search for renters rights or laws regarding rentals in your area. There may be an organization you can contact for help. If you and the offending neighbours are renting from the same company, then look at the rental agreement you signed. If they are in violation of it, that would help. Go around to your neighbours and get them to sign your petition by all means, that's a good idea. But find out what the laws are regarding this in your area. Then you will know your options. If they have actually destroyed any of your property, you should be able to charge them. But without getting them evicted, that might cause more problems as well. My mother has a similiar problem, but in her case they are both owners. Do you have any kind of Block Watch or other Community group there? If so, go to the meetings. I assume you have tried speaking to them. Threatening them will do no good. Good luck.
446445
You are right in saying that these people have a right to know the truth about this man but if it's his place than yes, he can evict you regardless of your lease or whether you pay ontime. It will help should you have to go to court over this but know that if it gets that far, as long as you can prove residency for at least thirty (30) days and you receive mail there, it will take 90 days for him to officially evict you. So you will have at least three months to find a new place. Only then will the cops come to your place and actually watch you move all your things and you leave the permisses. It can get terriably ugly so see if there isn't a way to smooth it over in the mean time. That is if you really want to stay there.
143898
Your landlord has the right to search the property with reasonable notice.  It is his property, you are just "borrowing it".  That being said, since you are paying to occupy that place you have rights as well.  He can't come unannounced and search your property, the things inside your apartment are yours.  As for the eviction, he can't evict you for pets if there is no pet clause in the rental agreement.  All changes to a rental agreement need to be in writing and signed by the tenant showing that they are aware of the new changes and agree to adhere to them.  If it's not in there it can't be pursued.  Hope this helps.
127298
He cant prove it was you then.\nIf he sues he will have to sue all tenants at the time. Also if there was a deposit he can take the deposit but chances are the lawsuit will get thrown out of court.\n\nLook specifically in your contract to see if he retains any rights to file legal claims against you after the fact (some people have tricky contracts they write up) If not, then I wouldnt worry too much. Now im not a lawyer, nor do I play one on tv so this is solely my opinion.\n\nI would suggest telling him to shove it up his a**
461429
New Jersey has very specific laws.  \n\nIf you are even one day late with the rent, the landlord can file for eviction based upon non-payment.  A grace period is the period before you are charged a late fee and has nothing to do with the day your rent is due.  If you rent is due on the 1st and they don't have it by midnite, they can file the summons & complaint at 9:00 am on the 2nd.  There is no "30 days" or whatever in New Jersey.  Filing for non-payment requires no prior notice unless your landlord put it in your lease that they would give you notice.\n\nIf you don't have a lease, your landlord cannot charge you late fees or legal fees. \n\nIf you live in a rent controlled unit, most towns have limits on the late fee that can be charged.  Other than that, the late fee is subject to a reasonableness test that varies from county to county.  Usually it runs around 10%.\n\nIf you do have a lease that lists late fees and attorney fees as "additional rent" you will have the fees taken out of your deposit if you don't pay.\n\nBut the really good news is that in New Jersey, landlords are limited to "reasonable" actual attorney fees ... and $500 is laughable since you didn't even make it to the court appearance stage.  \n\nThe filing fee on a non-payment case in New Jersey is anywhere from $27 to $32, depending on what county you are in.  To do the actual paperwork involved in filing a non-payment complaint, the going rate for an attorney in New Jersey is anywhere from  $75 to $200.  The complaint would have been statutorily dismissed when you paid the rent, so there would be no court appearance fee.\n\nLook at the summons & complaint you received.  It should have the name of the attorney or firm that prepared and filed it.  If you didn't get a summons & complaint then your landlord is lying about having filed because there is no way to stop the process once it is started.  If he tries to tell you that he or they called the court and "told them not to serve you because you paid" then he is lying.  You would have been served anyway, and the notice of dismissal would have been sent to the court separately.\n\nIf you were served a summons & complaint but it wasn't prepared by AND signed by an attorney, then your landlord is lying.  Make sure an attorney signed it, and that your landlord just didn't do it himself and insert the name of a lawyer or firm.\n\nYour landlord had every right to file (assuming he actually did), but he can't pull numbers out of his butt.  If he filed himself, the most he can charge you is the actual filing fee of $27 to $32.  He can't charge for his time, gas, etc.  It's strictly actual cost.\n\nIf he tries to take an imaginary fee of $500 out of your deposit, you can sue him in small claims under the consumer fraud statute.  That means he will have to pay you $1,000 (double what he owes you) for trying to cheat you.\n\nHow many units are in your building?  Is it owner occupied?  Were you notified of the location of your deposit in writing within 30 days of giving it to him?  I'm asking because there may be a way to protect yourself from him trying to deduct anything from your deposit depending on your answer.  Post the answer to those questions as additional info, and I will update my answer to tell you if you can do this or not.
477016
He cannot evict you for this. It is A LAW that all sex offenders and sexual predators must register with the police department where they live. This information is public record. Anyone can go online, pull up the sex offenders for their area, and see photos of the people in addition to an overview of their offense/s and their status. You have not broken any laws by discussing a matter of public record with anyone else, and you surely have not violated your lease agreement, either.\n\nHOWEVER - do you really want to continue renting from this man? It may be a possibility that he will attempt to make your life uncomfortable if he perceives you as a thorn in his side (even though HE is the one who did something VERY wrong). When you look at the big picture, you may realize that it would be better to cut your losses and move on. \n\nI would suggest that, if you take this route, that you send your landlord a certified, return-receipt-requested letter, advising him that you are moving out on such&such date, and that he can use your security deposit for the last month's rent. In the letter, tell him that you are uncomfortable doing business with someone who has a background such as his. I highly doubt that he will attempt to hold you to the entire lease, but, if he threatens to take you to court, tell him to go right ahead. If he is stupid enough to actually do this, there isn't a judge in the world who would side with him - AS LONG AS YOU HAVE NOTIFIED HIM IN WRITING OF YOUR INTENTIONS AND WHY.\n\nMost important is to remember to send the letter certified, return receipt requested. It is the only thing a judge will accept as proof that the landlord was properly notified, and is well worth the buck or so that it costs.\n\nIf, for whatever reason you choose to stay there, I think you are going to have issues with this landlord. Just a hunch.
75799
Here is the step by step of what you should do.\n\n1. Gather proof that you over paid him. Canceled check, statements, letters. \n\n2. Get proof of what your actual rent was; the lease, cancelled checks.\n\n3. Go to the county court house and up to the county clerk and ask for a small claims form or packet. Pay them what it costs to file the case, (usually $35), ask when it can be filed and note the date in your calendar. They will want to know if you will deliver the summons for court or if the sheriff should. I suggest the sheriff.\n\n4. If you have any witnesses to the overpayment and they can not be in court, have them sign a letter with their side of the story. Have it notarized at a bank.\n\n5. See if you have pictures of the houses condition when you left, just in case he uses the excuse that you trashed his house. If you have them and they show the house as fine, bring them to court with you.\n\n6. Write a very short story about how it happened. This will help the judge see the event in your eyes.\n\nAs to not knowing where he now lives, it might be fairly easy to deal with if you can give the sheriff the town. He then can do a search to find the guy and deliver the summons.\n\nNow, if the landlord doesn't show up for court, you will almost always automatically win. The landlord will be given 30 days to pay you. If he doesn't pay in thirty days, you go back to the court and file a contempt of court against him. He will then be given another 30 days to pay. If he doesn't pay then, you have to notify the court and they will issue a bench warrant out for his arrest. Bench warrants are not followed through with like a criminal warrant. If he gets busted for something else, the bench warrant can be served then but they dont usually go out searching for him with just a bench warrant.\n\nGood Luck! I have won a few of these cases. I only filed when the person was totally in the wrong and didn't care a hoot about me and the trouble they caused.
464747
Usually the landlord does have the right to show the place while you are still living there.  However, there are some techniques you can use to make him stop.\n\nNext time he calls, empty out your garbage can into the middle of the living room.  Perferably, it should contain last night's dinner.\n\nConspicuously put out rat traps and/or rat poison and a can of Raid.\n\nWhen he shows up at your door, answer it in you most-worn pair of boxers.