topic Re: Question for Landlords and Tenants in Community Chat

Question for Landlords and Tenants

KitTkat — Sat, 29 Aug 2020 20:08:10 GMT

My sister and her family are being evicted from their rental, and although the governor has issued a no eviction order due to Covid, this one is legal because it's on the grounds that the landlord is going to sell the property.

Here's the thing. The eviction notice was set for 60 days, and that final date is Aug. 31. In the past 2 months, there have been few new rentals open in the area and most don't take pets, they have several, so they have found no where to move. They are choosing to stay where they are and "test the process". I've never rented so I don't know the process.

So my question to all renters and landlords, what's going to happen to my sister's family when the landlord learns they haven't moved? Has anyone here ever defied an eviction order? I think they're asking for trouble.

And in case anyone is going to ask, I can't take them in. I care for my mom with severe health issues in a small house with no extra bedrooms. They have 5 children ranging from 0 to 9, and my bro in law hasn't had a job in almost 2 years. Very sad situation.

Re: Question for Landlords and Tenants

GenXmuse — Sat, 29 Aug 2020 20:21:29 GMT

I had to evict two tenants. Went to court and got an order when they didn't vacate and was able to garnish their wages to recover some of the cost. Likely, the landlord will do the same. It will probably buy them some time but they can expert to be served by the sheriff if they are unable to pay. Most landlords have mortgages to pay or use it as income so they are in the same boat as tenant.
The laws vary from state to state and most moratoriums on evictions ended in July.

Re: Question for Landlords and Tenants

ROMARY — Sat, 29 Aug 2020 20:24:48 GMT

I'm thinking that her county government might be able to help her out............find her and her family some type of rental that the gov will assist her with, payment-wise, on a sliding scale. Maybe temporary, maybe permanent.

The best of luck to her.

I really can't imagine the stress that they have right now.

Re: Question for Landlords and Tenants

CrazyDaisy — Sat, 29 Aug 2020 20:27:31 GMT

It may give them more time but it is not a solution. At some point, at least around here, they will be forcibly removed. The legal proceedings will also follow them making it more difficult to get another rental.

Re: Question for Landlords and Tenants

NicksmomESQ — Sat, 29 Aug 2020 20:32:22 GMT

If there is a moratorium on evictions in your state I don't think it matters that the property was sold.Your sister should look into that. Perhaps contact Legal Aide.

I've had to evict tenants in the past for non payment of rent. It's a long process.It was difficult enough pre Covid.I can't imagine what it must be like now.

Re: Question for Landlords and Tenants

stevieb — Sat, 29 Aug 2020 20:32:30 GMT

Sounds like a poor choice to me. While granted that sixty days is not a long time, it seems likely some property that accepts pets could have been found had they really tried to do so... I'm unsure of the process and I would imagine it's not immediate, but I have seen the entire contents of some households set out curbside when renters don't pay rent and refuse to leave...

Re: Question for Landlords and Tenants

ROMARY — Sat, 29 Aug 2020 20:32:42 GMT

p.s. Some states and/or counties are very, very helpful, trying their best to help families with housing.

Again, I encourage her to give them a call Monday morning and explain their situation, mentioning their five children, etc.

Re: Question for Landlords and Tenants

deepwaterdotter — Sat, 29 Aug 2020 20:32:44 GMT

If at all possible, I would hope they might be able to find care and shelter for the pets. It would make it easier to relocate with just human lives.

Re: Question for Landlords and Tenants

MLM21 — Sat, 29 Aug 2020 20:32:50 GMT

We are going through the same thing. Plus the tenant also has not paid in two months on top of that.

In MD, evictions are expected to start again 1 Sept. We gave the tenant 45 days to move. Your sister was given 60 days to move. Plenty of time to find a place.

Not sure what state they live in. It is not their property in the long run. If the landlord is selling the property and gave plenty of notice..... Also, it sounds like there is more to the story then the landlord is selling the property. If it is legal in their state right now, then it won't work well for them. Esp. if the landlord sale of the house is lets say 1 Sept. Unless it is a condition of the sale that the tenants stay, then having people in the house will impede the sale of the house as they can't sell until they move.

Re: Question for Landlords and Tenants

ThinkingOutLoud — Sat, 29 Aug 2020 20:38:14 GMT

Sounds like they need to get rid of the pets to open up their options and get out of there. Better to leave on their own then have the stress of wondering what's going to happen from day to day.

Re: Question for Landlords and Tenants

hckynut — Tue, 01 Sep 2020 19:30:06 GMT

@KitTkat

Not a lawyer, but thinking the laws are different state by state. I realize that this ***** virus has caused untold problems for many, but!

I don't know their situation any more than what you've said. To me it sounds like at least a small part of their problem was not connected in any way to the ***** virus.

You say your brother-in-law has not worked in 2 years. Was he a stay at home dad and your sister supported their family? The mention of 1 of their children being "0"?

While having empathy for situations people face that are beyond their control, I also am a person that questions how and why some might have exacerbated an already difficult problem.

Hopefully they are able to figure out what is best for their family.

hckynut

Re: Question for Landlords and Tenants

stevieb — Sat, 29 Aug 2020 20:46:27 GMT

Just my opinion but while it seems like they've made a poor choice to 'test the process', I don't for a minute support the notion that getting rid of the pets is the answer. I'd also note that while I have no doubt that the notice given has been both legal and somewhat reasonable, I'd not personally view a notice to vacate within 45-60 days as being particularly generous. Moving is hard. Not only do they need to find a new place to live but they need to pack and physically make the move and with the entire family, including pets, intact. It might have made better sense a few weeks ago to have contacted the landlord and explained they were having difficulty finding a new place to settle and asked for an extension. Going about it the way they have, all they're going to do is incur his anger, which will not bode well for him supporting them staying a bit longer than he'd hoped.

Re: Question for Landlords and Tenants

Shopchickie3 — Sat, 29 Aug 2020 21:01:28 GMT

It is no more legal than any other reason due to the landlord selling the property. If she gets a notice for eviction- with a date set for the eviction- she should go to the local court- the court where the judge signed the eviction notice- and file an emergency application for more time . With the Covid situation I don't believe that a judge would sign a warrant of eviction right now- not in New York at least.

She should be careful that the landlord does not play tricks on her and serve a bogus notice - just to scare her. She should contact a legal services tenants advocate group for advice on Monday or leave a message over the weekend.

Re: Question for Landlords and Tenants

Love my grandkids — Sat, 29 Aug 2020 21:03:35 GMT

Gov. Inslee here in WA state has extended the eviction moratorium to October 15, 2020.

Re: Question for Landlords and Tenants

Shopchickie3 — Sat, 29 Aug 2020 21:13:13 GMT

The landlord may or may not be awarded the back rent, and must have a valid judgement to collect and garnish.

Re: Question for Landlords and Tenants

alicedee — Sat, 29 Aug 2020 21:19:52 GMT

If I had 5 children and a spouse that hadn't held a job in two years, I would not have "several" pets. How can they afford that?

People need to cut their coat to fit their cloth. Find friends, family or rescues that will take some of the pets, tell husband to get a job (unless he is physically unable to, of course), and look further than the current area if necessary to find a new rental. They may have to go to a new city. They may have to get Social Services involved to assist in finding a place if they are low income.

No it's not easy, and it is sad to give up a pet....but you do what you have to in order to survive. Some landlords will allow a single pet, but it will be difficult to find one that allows "several", whatever that consists of.

Re: Question for Landlords and Tenants

Nightowlz — Sat, 29 Aug 2020 21:30:33 GMT

I would stay there & see what happens in these time of Covid.

Some people that used to live across the street were evicted. After they received notice they did not move out.

One day a couple of people showed up & put all there stuff on the front yard & changed the locks.

It was shocking to me since I had never seen anything like it.

I kept an eye on their stuff til the guy showed up. People kept stopping & looking thru their stuff? I told them it was not free stuff?

I have no idea how long the eviction process takes?

They do have housing for low income but you do have to have income to get in one. Some have long waiting lists depending on where you live.

My brother lives in one in SC. It's a decent place & just over $200 per month.

Re: Question for Landlords and Tenants

bluehost — Sat, 29 Aug 2020 21:29:41 GMT

FYI...............KitTkat isn't looking for judgement or to moralize her family.

Re: Question for Landlords and Tenants

Bri369 — Sat, 29 Aug 2020 21:30:21 GMT

Does she have a lease and when does it end? Is she current on her rent?

She has a right to stay in the rental until her lease ends? If she's on a month to month rental, the owner is within his rights to give her 60 days' notice. If her lease ends after August 31st and the owner has given her notice, she is taking a chance by staying. If her lease ends after August 31st, she's entitled to stay.

Re: Question for Landlords and Tenants

Bri369 — Sat, 29 Aug 2020 21:31:32 GMT

If she is evicted, it will be much harder to find another rental. That history will follow her for a long time.