Techniques to delay eviction?? - Landlord Forum thread 272961

Techniques to delay eviction?? by Juan (MS) on December 27, 2012 @19:33

I've been living in my house for over 2 years now, and going to school. I finish school in the summer, and graduate, and then I'm planning to move back home. And I really like this house, its nice, well located, very convenient and the rent isn't bad. And I have always paid my rent on time, every time for 2 years.

But my landlady posted notice stating that I have to move out by mid February. We are on a month to month lease right now, so I guess she can do that, but it is really, REALLY inconvenient for me! I just want to stay a few more months and finish out the school year. She has no reason at all to make me move, and didn't specify a reason on the notice, just that she wanted the property to be vacated by mid Feb. I have called an left a message, she didn't return the call.

Is there any way I can make her let me stay a few more months, just until June? She should not have a right to do this to me! I have been a good tenant, and I don't deserve this! Is there any way I can delay the eviction, maybe tie it up in court or something, just to get a few extra months? I really don't want to have to move, then move again. This is crazy.

Please help.

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Re: Techniques to delay eviction?? by Anonymous on December 27, 2012 @20:23	[ Reply ]

You cannot make her let you stay and she doesn't have to give you a reason. Who knows? She may have a relative wanting to move in, remodeling she needs to take care of, selling the home, or wanting to move in herself. If you stay past the date of move out, your LL will take you to court for holdover, get you evicted withing a couple of weeks and then you will find it very hard to find decent housing anywhere with an eviction marking your record. You LL gave you plenty of notice and is being more than fair. Your prompt rent payments do not give any legal argument/standing or entitlements to force your residence in the apartment for as long as you wish even if it's against the LL's wishes/needs. It merely gave you the right to enjoy the apartment for the month you paid for and not sued in eviction court.

Re: Techniques to delay eviction?? by Bill on December 27, 2012 @20:40	[ Reply ]

Here we go again.

Re: Techniques to delay eviction??

Re: Techniques to delay eviction?? by Juan (MS) on December 27, 2012 @21:10	[ Reply ]

I am not trolling, this is truly going on, and it is bothering me. I should have a right to stay here, I have paid my rent on time, every single time!!!! This isn't fair!!! So I just need some advice on MS landlord-tenants laws. Because I plan to try to just stall a little bit, first make her file for eviction in February, and then after she has filed, to contest it in court and ask for an extension, for a continuance, things like that, to just delay it for a little while. Don't get me wrong, I'm going to pay her the rent during this time! I'm an honest person and a moral person, but I just don't think it is right that I should have to move out when it is so inconvenient for me. So my question is, does anyone know of good techniques for stalling an eviction procedure? Will it work in MS to claim that I just didn't get the eviction notice? Can I demand proof that the papers were served? Please give me some advice. Thank you all.

Re: Techniques to delay eviction??

You have no such right.

Clarify by Juan (MS) on December 27, 2012 @23:13	[ Reply ]

Ok, let me clarify a couple of things. First of all, my ability to punctuate and spell properly does not make me a troll, so please go on somewhere with that, ok? Second, you know, if you say that Mexicans are trying to circumvent the law, isn't that kind of racist??? And who ever said that I was Mexican anyways? Just because my name is Juan, doesn't mean that at all... Look folks, I just want to have an honest discussion, and get some good advice. And I'm tired of people who are tearing me down because of my race or accusing me of being a troll, or of not being serious. What is happening here is not RIGHT!!!!! I am being forced to move out of the home I have been renting for no legitimate reason, just that my landlady got a wild hair up her _____. Now, I need help here. So please, help me. Don't call me names or stereotype me or be racist against me, I just need your help and ask you in all earnestness...what can I do to delay the eviction and take advantage of the court system so that I can stay here until it is convenient for me to leave come summer time?? Please, your ideas are helpful. I will need to file a motion in court by the date of the eviction hearing. Thank you.

Re: Clarify

Re: Techniques to delay eviction?? by Anonymous on December 27, 2012 @23:44	[ Reply ]

Assuming that you are not a troll: Other have already answered your question - anything you do to delay this will hurt both you and your LL. Having an eviction record will prevent you from having any decent housing in the future for a long time. No one here is going to tell you any IMMORAL trick to hurt your LL any further. You said that you are "moral person", what you attempt to do is IMMORAL. Your LL has no moral/legal obligation to give a reason to ask you to leave, nor to let you stay just because you pay rent on time. If you want to stay for as long or short as you want by paying your payment on time, you need to OWN the property, not RENT.

The whole "moral" thing by Juan (MS) on December 28, 2012 @00:37	[ Reply ]

Folks, please lay off the whole "moral" thing, ok???? I only mentioned that because I happen to be a very moral person, and I don't like to cheat other people. But by the same token, I myself do not like to be cheated, and right now I am being cheated by being force to move after I have paid all my rents on time every time for 2 years!!!!! Wow!!!! Can you folks please show a little sympathy??? Have you ever had to move against your will?? It isn't fun, and its not like I'm some deadbeat - I have been paying my rent. But this landlady got a crazy hair up her u-know-what, and so now I have to go through the incredible inconvenience of moving. This is unbelieveable. What I just need from someone is, I need to know how to game the system a little bit, ok? I just need to know how to delay and defer things a bit. I need about another 3 months of time after the eviction goes to court, and I will be paying the landlady during this time(because I'm moral), but I need to know HOW to go about delaying it. How do I file for an extension? How do I file for a continuance? How do I request a lot more time? If I switch lawyers, does that automatically give me more time? Because if so, I can bounce lawyers around for a little while, that's no problem. I need to know all the ins and outs. Please, someone who knows....help me a little bit!! Thank you.

Re: The whole "moral" thing

Re: Techniques to delay eviction?? by in Cali on December 28, 2012 @03:57	[ Reply ]

It IS frustrating when you've been a good long-term tenant, paid on time, and are soooo close to finishing school and graduating, that this happens! The LL does have the right to give you notice, and it's really not her problem whether or not it's convenient or inconvenient to you. Sorry, that's the way it is. In many states, the LL is under no obligation to disclose any reason for the termination of the rental agreement. You might want to see if she'll accept your paying a higher rent between Feb and June, and if so, make sure it's in writing. Then, you can move out in June, when the school year is completed. If you refuse to pay your rent, just so you can delay moving, let me tell you, that decision will follow you FOREVER! She could start unlawful detainer proceedings against you. Where someone might have a bankruptcy discharged in however many years ( 6? 7?), an eviction/unlawful detainer judgement will follow you FOREVER. An eviction on your record will affect the interest rate you'll pay on a new or used car, it will affect the kinds of rentals that will be available to you (no one wants to rent to someone who got evicted for non-payment of rent--they won't even take the chance!) and it will affect your chances of a decent interest rate at a time when you may want to buy your own place. Think of the life you want, perhaps with a loving spouse and some children in the mix, too... and how your decision, to hunker down and not move at this point in your life, will affect your options and choices down the road. You do kinda sound like a whining baby with your "it's not fair!!!!" stuff. Didn't anyone ever tell you that life isn't fair? None of us are entitled? Be honest and follow the law?? Don't try to circumvent the law or the rules and delay your move with an eviction proceeding. Suck it up like a man and go from there. The LL might go for your offering to pay more rent, because you did say the rent isn't bad. Perhaps offering her "market rate" would be acceptable to her. If she doesn't go for it, cowboy up.

Problem with the law by Juan (MS) on December 28, 2012 @10:12	[ Reply ]

You guys keep telling me to follow the law, but let me ask you something - do you ever speed? Do you ever run a red light? Sometimes the law is wrong. I have been in this house for over 2 years and after the first year it went to month-month lease, and now, out of the blue and for no real reason, my landlady wants me out. So in light of her rash action, I don't think I have any real moral obligation to comply. So just help me, if you guys would, in brainstorming ideas. In MS, if I claim that I didn't get the notice(she just posted it on my door, I never signed that I received it), can that buy me a whole extra month of time? I mean, conceivably, there are high schoolers in this neighborhood that play pranks, I could claim that one of them stole the notice off my door and therefore I never got it. Then, after that, make her file for eviction, and then in court move for a continuance due to hardship(my great uncle died a couple months back, and I could claim it has affected me). Would either of those ideas work? Does anyone have anything they have seen that works well? Please help folks, I just need about 12 weeks of extra time here, I'm not asking for a lot. Thanks.

Re: Problem with the law

Re: Techniques to delay eviction?? by OK-LL on December 28, 2012 @11:29	[ Reply ]

It's a shame that you did not have the foresight to request a lease which would be effective through the date you wanted to remain in the rental. But you did not. You have no one to blame for your situation but yourself. If the LL has properly served the notice of termination of tenancy IAW your state law (typically, this just means providing you the notice at your place of residence, including posting at the door, mailing or in person -- no special manner of service is required such as certified mail or process server), and I suspect she has, then if you remain in the rental beyond the end of the notice term, you are deemed to be a "holdover". The LL need provide you no further notice and on the day in mid-February which marks the day you should have been gone from the unit, the LL need only stroll to the courthouse and file an eviction for holdover. There is no legal defense to holdover and the court will not entertain any type of delaying tactics. The LL will show up and provide her proof of service (photo of notice on your door, mailing receipt, whatever) and if you appear in court, the judge will enter an order against you for possession and costs of the suit (filing fees, etc.). If you do not appear in court, you will default and the judge will enter an order against your possession and costs of the suit. Because of the nature of the matter, meaning it is not a complicated litigation, the court will not grant continuances based on inconvenience or scheduling conflicts of attornys, etc. You are SOL. You need to make arrangements to couch-surf or rent something else on a short term until you are done with school. The time/energy you spent posting and responding here was wasted and would have been more effectively used in making alternative arrangements to vacate the rental at the end of the notice period.

Re: Techniques to delay eviction?? by jannie (IL) on December 28, 2012 @12:02	[ Reply ]

Yes, your LL can do that and since she owns the property there are many reasons she may want to. If as you say you've paid the rent on time and kept the house up, she may want it empty to fix up to sell in the summer market - which March & April would give her, or other reasons stated by others. If I were in your shoes I'd write her a nice note stating I have enjoyed renting the home and hoped I'd be able to live there until I graduated. Then I'd state I understand this isn't possible and I'm in the process of looking for a different rental and ask if she knew of anything that would be available in mid February.

Re: It takes a landlord over 5 months to evict tenants by landlord (ms) on December 28, 2012 @17:55	[ Reply ]

there is nothing need to be worried over this country, we are in a place with freedom of all kinds of our rights...

Re: It takes a landlord over 5 months to evict tenants

Getting a little annoyed by Juan (MS) on December 28, 2012 @18:38	[ Reply ]

I'm starting to get irritated with all the lectures, folks. I didn't ask whether I should move out or not, and yet so many of you keep telling me that I have to move. It's not happening, I'm not moving until the semester is over. Why would I move, when I'll just have to move again 3 months later? That's crazy. All I need to know from you guys is, what techniques are there to delay the process, to buy time? Because I have to find a way to stay for another 3 months. Surely there are ways to tie it up in court, etc. I've been going back and looking at the lease, to try and find ways she has violated the lease in the past, and I think I found one! One time she took too long to fix a leaking sink drain, she took a week instead of the 3 days provided in the lease. That was about a year ago, but I was thinking...would that work to get me more time, perhaps if I explained all that to the judge? Please help me think of ways to draw this out, and if you are just going to berate me and call me a criminal or other names, then please just keep that to yourself. Thank you.

Re: Getting a little annoyed

Troll? by Juan (MS) on December 28, 2012 @19:41	[ Reply ]

Why do you keep accusing me of being a troll? Because I have good punctuation and capitalization? What kind of reason is that. I'm looking for help here, ok? And I'm not finding it. I think you are all a bunch of landlords/landladies.

Re: Troll?

Ruin my life???? Seriously? by Juan (MS) on December 28, 2012 @21:14	[ Reply ]

Here's what's driving me really nuts about you guys. You keep telling me that if I stay and get evicted, that its going to ruin my life, can't get a job, can't find another house to rent, etc., etc., etc., oh and my entire world will end and I may as well shoot myself at that point. SERIOUSLY????? Wow. Many landlord/ladies don't even check credit, and I doubt that in MS, that an eviction even goes on your credit report. And besides, I am going to PAY THE RENT for the time I am here!!! Every penny of it! So how could that POSSIBLY "follow me around" everywhere and make life hell???

Re: Ruin my life???? Seriously?

Re: Techniques to delay eviction?? by hope this helps (your LL) on December 29, 2012 @08:56	[ Reply ]

you could delay the move out by sticking your head in the oven the coroner takes you out the LL puts your crap in storage for your nok

Re: Techniques to delay eviction?? by Anonymous on December 29, 2012 @22:02	[ Reply ]

Go to your college housing office and see if they can find you a dorm room to tide you over until you finish your schooling. I do think you are a troll by the way......if you are a real college student I think you would get the point by now. You can't stay. You have no legal recourse here except to trash your own credit standing with an eviction. What degree are you working on exactly?

How to delay in your specific case by NFL_LL (FL) on December 30, 2012 @08:09	[ Reply ]

File a civil complaint against your LL in federal court for discrimination. The Fair Housing Act, as amended in 1988, prohibits housing discrimination on the basis of race, color, religion, sex, disability, familial status, and national origin. Its coverage includes private housing, housing that receives Federal financial assistance, and State and local government housing. It is unlawful to discriminate in any aspect of selling or renting housing or to deny a dwelling to a buyer or renter because of the disability of that individual, an individual associated with the buyer or renter, or an individual who intends to live in the residence. Other covered activities include, for example, financing, zoning practices, new construction design, and advertising. In your case, you can claim disability discrimination seeing as you are obviously mentally retarded.

Re: Techniques to delay eviction?? by Anna Mouse on December 30, 2012 @09:46	[ Reply ]

Juan Here is a very key and important fact that you are absouletly missing. It is a piece of the puzzle that has evaded your brain. You do not own this property. It does not belong to you and you have no rights at all whatsoever to stay there. The personw who owns the property is allowing you to stay there. You have a lease, that gives you the right to occupy someone elses property and when that time frame ends, your out buddy. Also if you look closely I believe that you may grow up and relaize that you have likely done something to piss your landlady off. Hopefully your landlady knows her rights and the state law and she will procee swiftly with your eviction. Oh and also, if she is smart she will not accept your money. So you see you will not be paying rent because she did not accept because she does not want you there. Therefore you will be considered a hold over tenant. A hold over tenant, someone who stays beyond the lease is even easier to boot out. Right now if you are staying in crappy places your right no one will care what your credit is. However you may actually grow up get a job and real life some day. At which point this eviction will come back to haunt you. Comprenda Amigo? p.s.

Re: Techniques to delay eviction?? by Gwendolyn (Connecticut) on December 30, 2012 @22:06	[ Reply ]

Juan P.R.A Y. Then go talk with Landlord and see what she say:)

Re: Techniques to delay eviction?? by jaylee (ct) on August 12, 2013 @09:09	[ Reply ]

I cannot believe people on here are so judgemental and mean. Like nobody else has been in this situation before. We don't know what his circumstances really are. Just don't answer if you don't like the question. Inmy state as soon as the landlord starts the eviction you are no longer responsible for the rent. Look up your state laws and know what you can use as a bargaining tool. Juan must have completed court already so this is for the other people who are looking this up later.

Re: Techniques to delay eviction??

Re: Techniques to delay eviction?? by James Bong (DC) on August 17, 2014 @04:55	[ Reply ]

I think the first thing you should do in this situation is to talk to your landlady/landlord. Try to gain her sympathy. Explain your situation as you did on this forum, emphasize that you only need a limited extension, and perhaps offer her to pay a little more rent. Ask her why she needs the place back suddenly, and listen to what she has to say. You might sympathize with her need, you might realize that you staying on is really inconvenient for her, or you might not, either way it may help you decide how you want to play this. Either way, try to sort things out between you and the LL without involving the courts, as this will cause you a lot of stress and inconvenience, which is exactly what you want to avoid.

Re: Techniques to delay eviction??

Re: Techniques to delay eviction?? by FRANK (New York) on June 9, 2018 @22:26	[ Reply ]

I have read your post and replies and you are very correct about these jerks just wanting to shoot their mouths off when you were asking a simple question of ides to delay this. I know this is years late and hope it worked out for the best. I have and am dealing with this now and know the pain and stress it caused you. Everyone loves to say the life is not fair but also sing "We are the world" and brothers. F??k them all and do whats best for you as long as it dont hurt anyone. Please say a prayer for me and God Bless you !