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Anyone know Realestate law???!!!!

dizzl

dizzl

I got the REPTILE BUG
I need some help fast. Me and my roommates have recived a note on our door saying we have 2 days to leave. This does not sound legal! Isnt there a 2 week or 30 day notice that has to be given? We recived no warning about this at all. I have no idea where I'm going to go or Bud! Can someone help with any info at all? Please help. If it helps any I live in Illinois. Thanks.
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Check your lease.

PA state law (it does vary from state to state) states that if it is written a specific way in your lease, the Landlord does not have to provide you with a "notice to quit" (aka eviction notice) before acquiring a court order for you to vacate the property. If it is not stated in your lease, then they are required to provide you with a 10 day eviction notice prior to getting a court order.

Mostly it comes down to did you or did you not break the lease agreement in any way?

If by chance you don't have a lease, you're SOL.
 
I'm a property manager, but laws are probably different in Ca. We can give you a 3 day notice to pay or quit. But we have to give a 30 day notice otherwise. So yeah if it's for money that's probably right. They will still probably have to take you to court though to enforce it, but again I don't know your state.. I've heard that some states can still show up with the Sheriff and move you out.

Here's the deal for Ca.. If your rent isn't received by the 5th we have to try to hand you that 3day notice. If you aren't home we tape one to the door and send another in the mail. If we accept any money from you in those 3 days, that breaks the notice (even if it's not the full ammount) where we would then have to send another one for the remainder. If we have not recieved any money we have to call our lawyer to take you to court for it. The Judge will want to see that everything was done right at that point though before he'll let them evict you.

This is not because you owe rent? If it isn't I don't think it's legal.. Management company or the owner renting to you? I would call them in either case and find out why.
 
Another thing that comes to mind, in PA if you are providing an eviction notice by taping it to the door, a witness is required to sign the notice. I messed up on that one time with tenants I was evicting and had to do it again before I could get the courts to handle it.

Now I have it written in my leases that I'm not obligated to provide them with notice if they break the lease.

To find out law in your state (and your area) go to your local magistrate office and ask for information on rental law. They should be able to provide you with anything you may need.
 
Well, given that we ARE in this particular forum, it begs the question.....

Is the landlord aware that you're keeping reptiles, and was this expressly forbidden in the lease/rental agreement?

Just wondering.

regards,
jazz
 
I know some people who will 'go ahead and try' with notices that aren't legal. Their rationalization, if they don't comply fine, if they do even better. So yeah, good thing you are questioning it.
 
First and formost, Thank you all for the advice!!! We have talked to a lawyer and the notice is just a "scare tactic", and not leagal in any way. And the good news is we don't have to leave now!!!:grin01: The deal is we live next door to a bar, the owner of the bar is our landlord. My two roommates are on the lease, I'm not. The landlord is aware of me living here for the past year and a half and has no problem with this. I used to go next door and drink with him all the time. On the lease it says no pets, they have three cats(Sasha-mom,Dro-father, and Big Meat-son) I have a Beardie and a corn. The landlord knows about the cats, but not about the reptiles(I don't think). We get away with this because he lets his sister in-law rent out the down stairs and she has a dog and two cats. But the problem came more recently when my roommate started to let his brother stay here. Well the cops came looking for him after questioning his friend that were being dumb a#$es hanging out side in the parking lot at midnight. His brother had a warrent that we were not aware of. And again the cops showed up two nights ago because he decided to come home at 4:30 in the friken morning, banging on the door like a maniac. So the lady down stairs probably called the cops. They said they had a report of a possible break in. I'm sure that the cops made the landlord aware that he was called here. So after contacting a lawyer they said to call the cops and make a report. I guess the landlord pulled up when my roomate was outside talking to the cop, and said that only the brother has to leave. I have lived her for a year and a half years, my roomates two, never have we been late on rent no matter how hard times got not even by one day! The problem is my roommate's stupid brother. So Thanks again for all the help.:cheers: :crazy02: :dancer:
 
To save yourself future trouble because the lease is being broken, ask the Landlord to write a new lease stating you as a tenant and pets are allowed. At least cover yourself from future issues.
 
That's a good point blckkat, though in CA- and you guys might have similar laws- you can't put anything on a lease that's not legal anyway, so a lease is standard. Also out here, just the fact that your clothes are in the house means you have the same rights...
But definately a lease answers questions faster than a pair of your jeans.
 
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