ANSWERS: 3
  • It depends entirely on where you live and what the laws are. All a landlord has to do in most cases is prove "just cause" to evict. I saw no reference to any specific laws protecting single mothers (or single fathers). Again, you would have to look specifically at the laws where you live to get a complete and accurate answer. I suggest you visit this site because they have links to state sites (U.S.) and some very good general info. See/From http://www.nolo.com/ How Evictions Work: Rules for Landlords and Property Managers An overview of the eviction process, including the termination notices required for different situations, such as a tenant's failure to pay rent. A landlord or property manager cannot legally evict a tenant -- physically remove the tenant and his possessions from his rented home or apartment -- until the landlord has gone to court and proved that the tenant did something wrong that justifies ending the tenancy. In turn, you can't proceed with an eviction lawsuit without legally terminating the tenancy first. This means giving the tenant adequate written notice, in a specified way and form. If the tenant doesn't move (or reform -- for example, by paying the rent or finding a new home for the dog), you can then file a lawsuit to evict. (Technically, this is called an unlawful detainer, or UD, lawsuit.) State laws set out very detailed requirements to end a tenancy. Different types of termination notices are required for different types of situations, and each state has its own procedures as to how termination notices -and eviction papers must be written and delivered ("served"). Termination Notices Although terminology varies somewhat from state to state, there are basically three types of termination notices: -Pay Rent or Quit Notices are typically used when the tenant has not paid the rent. They give the tenant a few days (three to five in most states) to pay the rent or move out ("quit"). -Cure or Quit Notices are typically given after a violation of a term or condition of the lease or rental agreement, such as a no-pets clause or the promise to refrain from making excessive noise. Usually, the tenant has a set amount of time in which to correct, or "cure," the violation. A tenant who fails to do so must move or face an eviction lawsuit. -Unconditional Quit Notices are the harshest of all. They order the tenant to vacate the premises with no chance to pay the rent or correct a lease or rental agreement violation. In most states, unconditional quit notices are allowed only when the tenant has: -repeatedly violated a significant lease or rental agreement clause -been late with the rent on more than one occasion -seriously damaged the premises, or -engaged in serious illegal activity, such as drug dealing on the premises. However, in some states, landlords may use Unconditional Quit Notices for transgressions that would require Pay or Quit Notices or Cure or Quit Notices in other, more tenant-friendly states. In these strict states, landlords may extend second chances if they wish, but no law requires them to do so. In addition, 30-Day Notices or 60-Day Notices to vacate can end a tenancy when the tenant has not violated the lease or been late paying the rent. They can be used to end a month-to-month rental agreement or a lease that is at the end of its term. Usually no reason is needed to end the tenancy, as long as the rental agreement or lease allows either party to terminate the contract with a certain number of days' notice. Many rent control cities, however, go beyond state laws and require the landlord to prove a legally recognized reason for eviction ("just cause") of tenants. Following receipt of notice, if the tenant hasn't left or fixed the lease or rental agreement violation, you must properly serve the tenant with a summons and complaint for eviction. Rationale for the Rules Landlords often chafe at the detailed rules that they must follow. There is a reason, however, why most states have insisted on strict compliance. First of all, an eviction case is, relatively speaking, a very fast legal procedure. (How many other civil cases are over and done with after a few weeks?) The price to pay for this streamlined treatment is unwavering adherence to the rules. Second, what's at stake here -- a tenant's home -- is arguably more important than a civil case concerning money or business. Consequently, legislators have been extra careful to see to it that the tenant gets adequate notice and an opportunity to respond. Tenant Defenses If the tenant decides to mount a defense, it may add weeks -- even months -- to the process. A tenant can point to mistakes in the notice or the eviction complaint or improper service (delivery) of either to delay or dismiss the case. The way that you have conducted business with the tenant may also affect the outcome: If your rental unit is uninhabitable or the tenant thinks you are retaliating against him, this may shift attention away from the tenant's wrongdoing and diminish your chances of victory. Removal of the Tenant If you win the unlawful detainer lawsuit, you will get a judgment for possession of the property and/or for unpaid rent. But you can't just move the tenant and his things out onto the sidewalk -- trying to remove a tenant yourself can cause a lot of trouble. (For more information, see Don't Lock Out or Freeze Out a Tenant -- It's Illegal.) Be Careful Removing Tenants' Property A few states allow landlords to freely dispose of a tenant's leftover property when he has moved out. This is legal only if it is quite clear that the tenant has left permanently, intending to turn the place over to the owner. Landlords shouldn't take a tenant's property under the guise of handling "abandoned" property. Seizing property under a bogus claim that the tenant had abandoned it will expose a landlord to significant monetary penalties. Typically, you must give the court judgment to a local law enforcement officer (sheriff or marshal), along with a fee which the tenant has paid as part of your costs to bring suit. The sheriff or marshal gives the tenant a notice telling him that he will be back within a number of days to physically remove the tenant if he isn't gone by then.
  • I am a disabled mom with a 12yr.old daughter.in 1984 my then husband &i bought a home,after the divorce i kept the home.In 2002 due to certain ccircumstances i allowed the house to be put in my friends name.No monet exahanged hands,they piad off the remainder of my home.After i paid them back they were supposed to saign the house back to me.I lasped in making several payments,I have them over half.Now i heard they want the back rent plus 450 a month or they are going to take my home.What can i do to stop them??
  • I think many people get that issue confused. I've heard before that a landlord can't evict a person with children. This is completely false and your children have no bearing on a lease or eviction. This gets confused with federal/state laws that states a landlord cannot evict a person for HAVING children. What this means is that if at the time of signing a lease you have no children, and then during the lease you do have a baby, the landlord cannot evict you just because you had a baby. Families get evicted all the time so do not use the fact that you have a child as a reason for remaining in the home. You will get no sympathy from a judge. Since you allowed the house to be put in your friends name and they paid off the house- they own it. If you did not pay them they have a right to kick you out. I suggest you look for a cheaper place to live and make sure it's something you can afford so this doesn't happen again. While it's distressing to lose a home it could be better for you and your daughter in the long run financially. A home you can afford is much better than struggling with a burden.

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