Re: Techniques to delay eviction?? - Landlord Forum thread 273017

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

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.

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