Fighting eviction. Any tips?

[BreakingFace]

So I've been renting an apt for about 3 years now. I have never missed a single rent payment; always on time. My first year at the apt. I had a few noise complaints from the police and a few bad interactions with my landlord as a result. The last 2 years have been very quiet and positive with my landlord.

The other day the landlords husband knocked on my door to complain that my toilet was running and that they have a 700-1500 dollar water bill as a result. I had no idea it was running. He came in and apparently fixed it.

Now they have called my parents ( co signers) to tell them about the water bill. I guess they figured my parents would pay the bill for whatever reason. My parents basically told them they should be calling me not them with apt. issues. My landlord told them they were going to evict me. Reason's being the current water bill and the issues I created for them two years ago.

They have threatened eviction once before, even placing a fake eviction letter from their lawyer on my front door.

Does anyone have any experience fighting eviction? I don't need to ultimately win... I just need to drag it out a few months till I complete my summer job. After that I planned on moving to another city anyway.

[Hoggage_54]

Trash the place and move out in the middle of the night.

[BreakingFace]

Trash the place and move out in the middle of the night.

When I sign a new lease in my next apt and know I have a place to go.... I plan on running all the faucets for a week.

[Times Roman]

youur apartment has a water meter?

i ask since many don't, which is why they don't charge you water. if you had a meter, they could charge you

[Igifuno]

When I sign a new lease in my next apt and know I have a place to go.... I plan on running all the faucets for a week.

Don't do that. When your next landlord calls for rental references they'll tell them that you were destructive and you will not be approved in the future.

From what you are saying, it doesn't seem as though your existing landlord has any grounds for eviction simply based off of a high utility bill. Especially considering it is a result of a maintenance issue that was beyond your control. If you read your lease, it likely states that you are responsible for reporting any maintenance issues to reduce risk and expense to your landlord, however if you were unaware of the running toilet, which would be difficult for your landlord to prove otherwise, this is not grounds for eviction.

You should check your state laws, read your lease thoroughly and ultimately find an attorney if you want to successfully fight this. But as you stated, if you're more concerned with prolonging the time in which you keep possession of your apartment, you can simply state these things to your landlord and perhaps they will go back to their attorney and re-think moving forward with an unmerited eviction.

Let me know if you have anymore questions bro. This is kind of my area of expertise.

Igi

[Igifuno]

youur apartment has a water meter?

i ask since many don't, which is why they don't charge you water. if you had a meter, they could charge you

Yup, sounds like it is not individually sub-metered and the landlord pays a bulk amount for the entire building(s).

[Times Roman]

Yup, sounds like it is not individually sub-metered and the landlord pays a bulk amount for the entire building(s).

so then how would the landlord know it was $700 for a leaky toilet???

[BreakingFace]

so then how would the landlord know it was $700 for a leaky toilet???

First she stated it was 700 then it was 1500. Which indicates to me that she's not being truthful. You made a good point concerning individual meters.. I don't think they are metered individually.

[stack_it]

youur apartment has a water meter?

i ask since many don't, which is why they don't charge you water. if you had a meter, they could charge you

I've lived in several apartments, including my current, that are individually metered.

[cherrydrpepper]

First she stated it was 700 then it was 1500. Which indicates to me that she's not being truthful. You made a good point concerning individual meters.. I don't think they are metered individually.

I used to work for a water company. I think what she was saying is yeah the most recent bill is saying 700 but what about the next bill when it picks up the running water also at least thats what I assumed.

The water company I worked for would forgive one incident of a water leak per property. I would advise her to call the 800 number and ask for a reduction. She may not be able to get one but its worth a shot.

[phoenix44]

What state are you in?
I'm in Ohio and I can evict for almost anything.

That's a shady move by the landlord.

[Igifuno]

First she stated it was 700 then it was 1500. Which indicates to me that she's not being truthful. You made a good point concerning individual meters.. I don't think they are metered individually.

The whole point of individually metering is so the landlord/owner can pass the burden to the tenant. If it were individually metered, you would be receiving the bill and would be responsible for it. They receive a bulk invoice and add an amount onto the monthly rent either by unit size, number of occupants or both. For a 1br, they may add $30/month, for 2brs maybe $45, etc.

so then how would the landlord know it was $700 for a leaky toilet???

Good question. I assume that, while reviewing their bill, they noticed a spike in consumption and cost, and began to do a preventive maintenance inspection to "find" the problem. It's pretty hard to prove, however, that one leaky toilet was the sole cause of the increase in consumption. Sounds like poor management to me, frankly. I'd be willing to bet that, if that was the case, they probably found numerous "leaky" toilets or dripping faucets that can contribute to a spike in consumption. Either way, sounds to me like a maintenace issue and not grouds for eviction. The last thing they want to deal with is a wrongful eviction case. There can be unwanted and unncessesary litigation and in the end, they could be responsible for civil and punative damages. I'm not sure what kind of legal advice they're getting, but if you're telling us everything here, I'd get a lawyer STAT and send your own letter to stop them in their tracks. Just make sure you keep the social events and noise to a minimum in the meantime. They'll be looking for a reason to screw with you and the easiest thing would to bring up your past lease violations and get you on another noise complaint (disturbing other's right to quiet enjoyment)

[jimmyinkedup]

I used to own a rental property. In my state it takes months to evict someone. You may have more time than you think. Check the laws in your area - start with a phone call to the township or housing authority.

[Igifuno]

I used to own a rental property. In my state it takes months to evict someone. You may have more time than you think. Check the laws in your area - start with a phone call to the township or housing authority.

I'm curious where OP is located as well for this reason. I'm an Investment Manager for an large property management company and I manage real estate all up and down the East Coast. There are some areas where the entire process takes a month from file/writ and posession, and in other areas, primarily urban locations with high eviction statistics and in many cases lousy local goverment, it can take well over 100 days.

[JD250]

Here's what you should do, CALMLY communicate to them that you have talked with the attny generals office for your state too see what the law says about a landlord charging a tenant for a maintenance issue, trust me it's not just questionable, it's illegal, then tell them that you understand that this is probably just a misunderstanding and as such you decided NOT to file a complaint with the state since they have been so kind to you over the last 3 years, be nice and calm when you talk to them. This is all based on the assumption that you are NOT responsible for a water bill in addition to the rent.

[jimmyinkedup]

OP wanna fight fire with fire? - find code violations on the property and report them asap- before they start eviction proceedings. Their eviction would be viewed as retaliation and not permitted. Not only will they not be able to evict you - you arent even liable to pay rent until violations are fixed.
This is based on the area I live in but might be worth checking out.

[gonebluffn]

Im curious how you dont realize your toilet hasnt quit running for two months.

[Coolhand5599]

I am a landlord, if you are as good of a tenant you say you are, they will only bluff. No landlord in his right mind would evict someone that pays rent on time. Tell them you want a copy of the water bill. If the lease says you are responsible then you need to talk to them and work it out. I am sure it says nothing about you being responsible. If not they can't evict you for it. . DO NOT trash anything, hat would be a big mistake

[Igifuno]

OP wanna fight fire with fire? - find code violations on the property and report them asap- before they start eviction proceedings. Their eviction would be viewed as retaliation and not permitted. Not only will they not be able to evict you - you arent even liable to pay rent until violations are fixed.
This is based on the area I live in but might be worth checking out.

As long as they have a legit reason to file for posession, which is sounds like they do not, blowing the whistle on code violations would not stop them from evicting. They would just be responsible for prompt remedies for the violations and could proceed (again, if it were a legit reason such as: non payment of rent, noise complaints, or other lease violations). Blowing the whistle on anything wrong with the premesis might just piss them off and, as a result, they'll really be looking for a reason to get you out. Read your lease, they can come in anytime they want (with adequate notice), and they'll find reason to often if you piss them off. Trust me. Play it smart and keep that one in your back pocket, but yeah, you can use it if they actually do file and for whatever reason win right of posession. OSHA/HUD is required to investigate any and all reports filed. It may take them a while (depending on the severity), but they have to investigate.

[BreakingFace]

OP wanna fight fire with fire? - find code violations on the property and report them asap- before they start eviction proceedings. Their eviction would be viewed as retaliation and not permitted. Not only will they not be able to evict you - you arent even liable to pay rent until violations are fixed.
This is based on the area I live in but might be worth checking out.

Any examples of common code violations?

[BreakingFace]

Im curious how you dont realize your toilet hasnt quit running for two months.

The building is old as hell. I live in one of the last apts. in the building that has no been renovated. It wasn't running like toilets that I have scene in the past.. usually you can hear it, this one wasn't making any noise.

[Igifuno]

Any examples of common code violations?

http://www.portlandonline.com/bds/index.cfm?c=34179

[Far from massive]

This is total horseshit, As igifuno says the landlord has no cause for action. He can not evict you now for your behaviour 2 years ago. The landlord may well find out that he has a problem elsewhere (bad meter reading or maybe he is just full of shit) as a toilet running unheard and running up a 700 water bill is pretty unlikely.

[spywizard]

state by state.. minnesota allows for punitive damages, that's the FU in the law...

I'd sub lease it to a family of Mexicans.. all 12 of them..

[spywizard]

whatever you do, don't go and get a bunch of mice and let them loose on the property, or kill their dog or anything crazy like that..

[Igifuno]

state by state.. minnesota allows for punitive damages, that's the FU in the law...

I'd sub lease it to a family of Mexicans.. all 12 of them..

haha.. only problem with that is (again, read your lease) that your lease most likely states that, in order to sublease, you need to submit a written request and approval to do so. Also, it likely states that they (landlord) has the right to screen and approve/deny your sublettors. So they can run their credit, verify past residency and enforce occupancy standards (so no 12 tenants lol)

[Scabtree]

I don't believe you can be held responsible for their faulty toilet. It is the landlord's jurisdiction to maintain the unit and ensure that it is in a good state of repair; this would certainly include the flapper valve on a toilet.

The reason they are placing fake eviction notices on your door is because they do not have grounds (or resources) to place real eviction notices. If it comes to it, you may have to find a lawyer that specialized in rental property; if you call around, you may find one who is willing to answer this initial question over the phone, just to give you peace of mind... until the summer when you are out of their.

[Igifuno]

If you do get an attorney, get a Landlord/Tenant Attorney. Lawyers with various specialties will be willing to represent you, but in many cases they won't know what they're doing and you could lose due to their errors or ignorance of tenant law.

[JD250]

If you are the saint you claim to be then there is no recourse for the landlord that will have any effect on you staying for a couple more months. Don't trash the place, if you trashed one of my units my lawyer would make sure you understand fully what it costs to remodel, bad idea! Why do you think they want to evict you? For something 2 years ago? For a water bill? None of those make sense.......as my Chinese buddy says...."sum ting wong"

[wmaousley]

Eviction notices are usually delivered by the Sherriffs Department and are signed by a Judge. If you dont get one of these dont worry about it.

[SEOINAGE]

Agreed the water bill thing is bogus. His problem is elsewhere not just your toilet trickling.

[Philly82]

Even if you receive notice, it will have to state the reason or reasons for eviction. If it does not have to do with non payment of rent, they still have to give you 30 days notice in most cases and refund your damage deposit. For example, the building I rented in when I was young evicted myself and several tenants because they wanted to renovate some units and rent them for a higher price. They still had to give us 30 days notice and refund our damage deposits automatically, no questions asked. If you are a good tenant, try and figure out the REAL reason behind the eviction. They may have similar intentions; they may want to give the space to a relative. This may all be a shell game.

Contact the residential tenancy branch((within 7 days of receiving written notice) or the equivalent office in your area, if you are served an eviction notice and schedule a hearing. They will inform the landlord and there is nothing they can do to you until the hearing. This usually takes 6-8 weeks due to the backlog in their case load.

Once you go to the hearing, which may be via teleconference, if all parties agree, make your points and your landlord will make theirs. The judge or justic will make their ruling and you will have 30 days from that time to vacate the premises,. There you just bought plenty of time to find a new place.

The only thing that can caude quick evictions is non-payment of rent or extreme behavior like lighting fires or shooting guns in the back yard, basically stuff that involves cops attending and you being arrested. If you are well-behaved, pay your rent on time, and you know your rights it takes months to evict you. This works better in professionally managed buildings, however. Renting a suite in someone's house is a little tricky cause you may get into a physical conflict with that person if you refuse to just leave when they initially serve you paperwork.

Good luck.

[jasc]

whatever you do, don't go and get a bunch of mice

hahaha

If you can locally source a few hundred termites, make sure you don't release them in the walls or attic when you move out either

[Igifuno]

Even if you receive notice, it will have to state the reason or reasons for eviction. If it does not have to do with non payment of rent, they still have to give you 30 days notice in most cases and refund your damage deposit.

This is usually true. In some states (if this lease violation is not due to non payment of rent), a landlord must first serve a "Cure or Quit" notice. This notifys you of the lease violation and give you a period of time (stated in the notice, usually 30 days) to 'cure' the violation. If the violation is not 'cured' by the end of that timefram, then they may proceed with the legal process of eviction, which still can take an extended period of time.

[Honkey_Kong]

I don't think you should pay a cent until a judge orders you to. In fact, I think you should call the housing authority and explain your side of the case and take it from there. They should be able to tell you what kind of a lawyer you will need if necessary.

For your sake right now, do not acknowledge that the toilet was faulty. You said it yourself you didn't hear any sound coming from the toilet. So how do you know that it was even broken? And on top of that, what kind of leaking toilet brings a $700 water bill?

Worst comes, schedule an eviction hearing so you can fight it. If you get an eviction, it becomes really difficult to rent another place.

[rj2k10]

Buy a tiger or some sort of large animal that can be trained, set it upon them every time they knock your door. Eventually they'll stop.

[phoenix44]

For the people saying you can't have a toilet leak for $700 dollars you are wrong. In Columbus , Oh we get our water bills every three months and my last water bill in my apartments that I run my office out of just had a $1500 water bill from a toilet in my office that I never heard one time. And I know what they usually sound like I have 67 properties.
And here I can have someone evicted in less than 2 weeks. I just give a handwritten 3 day notice and file with the court that's it. And I've never lost a eviction and on a few of them they were just pains in the asses they actually paid on time and kept a clean house just complained about dumbs hit all the time.

And also if you trash the place they can have a judgement placed against you easily and have your wages garnished and can take every penny from your bank account if they know where u bank.

Back to the main question where do you live that can give us a better chance to help you since every state and city are different.

[jasc]

Buy a tiger or some sort of large animal that can be trained, set it upon them every time they knock your door. Eventually they'll stop.

rofl! this had me crackin up at work..
best idea yet

[BreakingFace]

I live in PA.

Honestly , I think she was just trying to lean on my parents to pay my water bill. My parents have never paid a single rent check- and the only reason she has their info is because they are co signers. She waited till 9pm to call my very nice and helpful parents to tell them their son was in huge trouble and was getting evicted... She prob. thought my parents would panic and run for their check book.

[Honkey_Kong]

I live in PA.

Honestly , I think she was just trying to lean on my parents to pay my water bill. My parents have never paid a single rent check- and the only reason she has their info is because they are co signers. She waited till 9pm to call my very nice and helpful parents to tell them their son was in huge trouble and was getting evicted... She prob. thought my parents would panic and run for their check book.

Well don't admit there was anything wrong with the toilet. Your water bill is included in your rent and really the only thing we gather they could stick you with is if you knew the toilet didn't work. Admitting anything right now even the possibility that your toilet might've been broken can cost you this if they twist it on you. I'd wait until you speak to the housing authority and/or a lawyer before you say/do anything.

It sounds like she's trying to extort money from your parents. You might want to find another place to live. Doing business with those type of people isn't the best thing to do.