Im getting evicted!

[Jannah03]

Asalaamu alakum warahmatullah.

I just received an eviction notice on friday, by the sheriff department. I called my landlord to find out why we are getting evicted and the secretary said our apartment was not clean enough (thats no reason to give an eviction notice), we didnt do the dishes, so what. Now here is my question, how do they know what my apartment looks like, and secondly it was messy but not any safety or health hazard.

The construction workers have been coming into my apartment whenever me and my husband are gone. now mind you, we are HOME during the hours of 8am-4pm monday thru thursday! Im off on the weekend. They have never given any notice of any kind of inspection, no notice that they needed to come into our home.

My neighbor told me that everytime our car is gone they are in our home! We dont know WHAT they could have been doing.

I and 2 other tenants are being evicted. In another building there two room mates getting evicted. this is the fourth landlord, and with the previous 3 we NEVER had any problems what-so-ever.

but wait, THEY ARE GIVING ALL OF US 7 days to LEAVE!
Oh yeah my parents are blaming me for getting evicted. not that what they are doing is violations and illegal. I cant talk to them at the moment anymore. You would think a parent would be by your side, because you are getting PUT OUT OF YOUR HOME, but no, not I. Im told if i didnt keep my home cleaner then i wouldnt be getting kicked out. and that its no one fault but my own. I threw my cell phone afterwards.

the reason why im telling you this is because i need your du'a dear muslims. I honestly do! Please make dua that we will be rewarded with justice from these people. and they we can remain in our apartment until we can find a new apartment at least. we have to leave our apartment on friday. theres no way we can move out before that time.
Jazakallahu khair!

 

[alkathiri]

Asalaamu alakum warahmatullah.

I just received an eviction notice on friday, by the sheriff department. I called my landlord to find out why we are getting evicted and the secretary said our apartment was not clean enough (thats no reason to give an eviction notice), we didnt do the dishes, so what. Now here is my question, how do they know what my apartment looks like, and secondly it was messy but not any safety or health hazard.

The construction workers have been coming into my apartment whenever me and my husband are gone. now mind you, we are HOME during the hours of 8am-4pm monday thru thursday! Im off on the weekend. They have never given any notice of any kind of inspection, no notice that they needed to come into our home.

My neighbor told me that everytime our car is gone they are in our home! We dont know WHAT they could have been doing.

I and 2 other tenants are being evicted. In another building there two room mates getting evicted. this is the fourth landlord, and with the previous 3 we NEVER had any problems what-so-ever.

but wait, THEY ARE GIVING ALL OF US 7 days to LEAVE!
Oh yeah my parents are blaming me for getting evicted. not that what they are doing is violations and illegal. I cant talk to them at the moment anymore. You would think a parent would be by your side, because you are getting PUT OUT OF YOUR HOME, but no, not I. Im told if i didnt keep my home cleaner then i wouldnt be getting kicked out. and that its no one fault but my own. I threw my cell phone afterwards.

the reason why im telling you this is because i need your du'a dear muslims. I honestly do! Please make dua that we will be rewarded with justice from these people. and they we can remain in our apartment until we can find a new apartment at least. we have to leave our apartment on friday. theres no way we can move out before that time.
Jazakallahu khair!

:salam2:

mashAllah. Thats a worse thing than can happen to someone in this life.

I will remember you and your family in my dua, inshAllah

 

[palestine]

inshaAllah we will make dua for you. and ur right that's no reason to get someone kicked. the same almost happened to us. i mean we were tired and came from school and work and all of a sudden they send a guy to "check if the stove was working", at that he was checking how clean our house was and was reporting to the landlord. they threatened us and well what can we do, it isn't our country. the law is the law. they change it whenever they want. anyways i hope the best for you but dearest sister just be careful inshaAllah, i know that we're humans and we tend to slack off sometimes, but just becareful and inshaAllah i hope ur parents stand by you. just try and manage the way you can, and don't be mad at them, parents sometimes can be stubborn. wasalam.

 

[halah]

Asslamu alaikum ,may Allah enable you to over come this problem soon insha'Allah.

 

[shaheeda35]

:salam2:
:shymuslima1:I am so sorry to hear that sister!! You will be in my duaas inshallah!! :tti_sister:

I have never heard of a landlord coming in someones home without the tenants being there??? Very strange!!

 

[dawahforever]

Asalaamu Alaikum

A new landlord..construction workers..I'm trying to peice this together and I'm thinking he's fixing up the place so he can a. charge more rent to someone else or b. sell the place but seems like a. so he has to make up something to get rid of you and replace you with someone else. Sniff around and maybe you will find out the real reason. In the meantime know that Allah has something better planned for you so breathe and if not then you are in for a struggle against your unjust landlord. I will pray for you.

Wa Salaamu Alaikum
D4E:tti_sister:

 

[TheHumbleWun]

Salaam,

Check your lease terms and state law for eviction. Will inshallah pray for you.

A landlord can't begin an eviction lawsuit without first legally terminating the tenancy. 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 for tenancies that landlords terminate due to tenant misbehavior:

1) 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").

2) Cure or Quit Notices are typically given after a tenant violates 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 the possibility of an eviction lawsuit.

3) 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.

Landlords may use 30-Day or 60-Day Notices to Vacate to end a month-to-month tenancy when the tenant has not done anything wrong. 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 if you still want the tenant to leave.

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 in an attempt 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, 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.

Be Careful Removing Tenants' Abandoned Property

A few states allow landlords to freely dispose of property a tenant leaves behind after moving out. Even in these states, this is legal only if it is quite clear that the tenant has left permanently, intending to turn the place over to the owner. In many states, landlords must follow storage and notification procedures.

Typically, you must give the court judgment to a local law enforcement officer (sheriff or marshal), along with a fee that the tenant has paid as part of your costs to bring suit. The sheriff or marshal gives the tenant a notice that the officer will be back within a number of days to physically remove the tenant if he isn't gone by then.

 

[Aapa]

Salaam,

Please contact the landlord tenenat arbritators in your county. call social serives and they will give you the contact numbers. you should be able to get some kind of reprevie. in cold weather they can not evict you. explain to soical services your situation. do not give in or up. please make your phone calls and be patient. our dua's are with you. keep us posted.

 

[AliIbanez]

We will include you in our duah Inshaalah

 

[gazkour]

Assalamo alikom wa rahmato Allah wa barakato

Sorry to hear that sister, that doesn't sound right at all!

I think we should take that as a good lesson for all of us. Normally, when I get out of home, I leave everything as tidy as possible because I always remind myself that anything could happen : what if there's an unexpected visit, an emergency, what if I die! And son on and on...
As muslims we have many eyes on us but most importantly we have Allah who's always watching as well! So we always should be prepared and give the best example, an example of excellence in every situation in our daily life.
May Allah guide us all.

Assalamo alikom wa rahmato Allah wa barakato

 

[Mrmuslim]

salaam alikom


sister you need to really check with a lawyer and sue them back as one of the brother said You and your husband need to read the lease terms and conditions and hire a lawyer.

Beside they can come for maintenance to the apt but they need to leave note for you that they came.

may Allah help you inshaAllah

Wa salaam alikom

 

[Jannah03]

I have been given any notice of anything. they cant just come into your home and 'give' an inspection. my husband and i work at night and rest during the day. the only time we can clean is on the weekends. it was messy but nothing to evict someone. in kentucky law they are supposed to give me thirty days to move and not 7. there are now 3 other tenants being evicted along with me.

 

[Jannah03]

mrmuslim i havent even signed a new lease with the new landlord yet! im month to month on my last lease, according to the law im supposed to be given 30-60 days to move if need be, please make dua that this is straighened out..and i dont know what to do about my parents again, i know people will say i must be nice to them, but im getting put on the street along with other tenants and its all my fault im getting put out, as the saying goes over here thats the straw that broke the camels back

 

[Mikaeel]

:salam2:

Have you contacted a lawyer about your legal rights as a tenant? While a landlord has rights as the property owner, tenants also have rights. I do not pretend to know the laws in Kentucky, but I suspect this landlord is trying to bluff you and you would do well to look into it.

Have you tried to negotiate with the landlord? Perhaps if you were to clean the apartment and ask for another inspection, he would allow you to stay on the promise you will keep it neat and clean in the future.

It would seem these are your only options.

There are some loopholes in state laws that allow landlords to enter properties they have leased to others. Most (all?) states require smoke detectors to be installed in rental properties and to be maintained in good working order. This gives a landlord the opportunity to enter a rental property, to ensure the smoke alarm is working properly.

I will keep you in dua.

 

[Bawar]

Assalamu alaikum!

I will keep you in my dua. May Allah s.w.t help you. I don't know much about the law in US, but i find this outrageous and more strict than Taliban. This is too much intervention in people's private lives.

They are not even considerate to the fact that you are taxpayers and productive members of the society.

I am happy to be living in UK and not US. It seems that the laws have gone towards absolute dictatorship there. I hope UK will not become the same.

Here, every effort is made that a person is not made homeless.

May the the help of Allah s.w.t be with you.

Wassalam

 

[Jannah03]

hre in america, sometime it seems like they dont care...

 

[joanne]

im sorry to hear this unfortunate situation, i would like to say dont go any were, this landlord is being unethical and must be breaking a few laws,i live in the uk so our law is different but over here we have laws that protect us. they must have the same in the united states, be strong find out your rights and seek legal advice! my prayers are with u!

 

[Jannah03]

Asalaamu alakum warahamtullah everyone, im glad to annouce that they are giving us a second chance. its just like what a sister said before, whenever a maintence person comes they also see how 'clean' the place is
and another good news, im expecting....Mashallah..
Jazakallahu khair for everyone who put me and husband and now lil itty bitty zygote in your dua's. i really appreciate it. Please put us in your dua that we would have a righteous offspring next year inshallah....
Asalaamu alakum