Post by Admin on Jul 26, 2012 18:14:00 GMT -5
To clarify this situation for everyone:
I dealt with Landlord-Tenant court with a Notice to Quit in a month-to-month lease (with same stupid "your tendency has ended" check box checked) with my last apartment!!!! Landlord refused to turn heat on (radiators controlled by landlord) during Winter - so after YEARS of living with this - city inspector had to be brought in to tryto solve situation. Obviously, this made Landlord angry. Previous Landlord tried EXACT SAME TACTICS as Boydell is trying - and his case was DISMISSED immediately - since their was NO LEGAL STANDING FOR FILING THE NOTICE TO QUIT.
THE NOTICE TO QUIT IS NOT AN EVICTION NOTICE! PLEASE DO NOT BE SCARED OUT OF YOUR UNIT BY THIS NOTICE!
The Notice To Quit means that Management is saying "No monies are owed - all rent has been paid - so we can not file Demand For Possession of Nonpayment to try to evict tenant. Instead, we are filing this to try to say that THE TENANT IS VIOLATING LEASE IN SOME OTHER WAY THAN NOT PAYING RENT and we are demanding possession of our property (the unit) back due to this".
The 30 Days is the waiting period management must wait BEFORE FILING FOR A COURT DATE TO BE ASSIGNED. NOTHING CAN EVEN BE FILED WITH THE 36th DISTRICT COURT UNTIL 30 DAYS HAVE PAST FROM TODAY. (ie: The court is not even INVOLVED yet.) At that time, landlord can file FOR A COURT DATE. THIS DOES NOT MEAN AN EVICTION WILL BE GRANTED AT THIS COURT APPEARANCE (Which will be scheduled for about 2 weeks after the 30 day period has passed.) A LANDLORD WOULD STILL HAVE TO PROVE THAT THEIR BUILDING WAS COMPLETELY IN COMPLIANCE AND THAT TENANT IS THE ONE WHO VIOLATED TERMS OF A LEGAL LEASE TO BE GRANTED THE RIGHT TO MOVE FORWARD WITH ACTUAL EVICTION TERMS. None of those conditions could even POSSIBLY be met by Boydell Management!!!!!!
Since their IS NO VIOLATION OF THE LEASE TERMS BY TENANTS (and heck the lease itself is for AN ILLEGAL APARTMENT - which means management CANNOT use it to prove anything ANYWAYS), this Notice to Quit is not valid either. Even in a month-to-month, the obligation of proving the tenant has violated the lease, is MANDATORY to use a Notice to Quit to start moving toward the eviction process. DO NOT WORRY ABOUT THEM CHECKING "Your Tendency Has Ended" check box. THIS IS NOT THE CORRECT USE OF THIS FORM. That check box exists for extended lease terms (6 month, 1 year, 2 year...whatever) in which a tenant is basically squatting after the lease term is over. IT IS NOT APPLICABLE for month-to-month leases. I went through this process EXACTLY before. So I know FROM District Court Judge's OWN MOUTH what that area on the form is for. The area listed as "other" would have to contain an ACTUAL VIOLATION OF A LEGAL LEASE for the Notice To Quit to even be valid. From the Judge's mouth: The courts assumption is that a tenant in a month-to-month lease will remain a tenant, until THE TENANT gives proper notice. If Landlord wishes to use Notice To Quit - the burden is on them to prove that they WERE IN LEGAL COMPLIANCE and that TENANT VIOLATED TERMS OF THE LEASE.
So, in other words, do not worry about this Notice To Quit. If it did go as far as to go before a Judge, it will IMMEDIATELY be dismissed AS SOON AS Management cannot present copy of Certificate of Occupancy. Further more, even if on some CRAZY off chance Judge still considered Lease legal (which is ILLEGAL for the Judge to do and would make case EASILY appealed) - Management would STILL HAVE TO PROVE THAT EACH TENANT VIOLATED THE LEASE TERMS.
Which..........never happened.
DO NOT BE AFRAID! DO NOT MOVE UNLESS YOU HAVE ALREADY FOUND SUITABLE PLACE! BUT - ABSOLUTELY DO NOT PAY ANY MONIES FOR AUGUST 2012 RENT!
By tomorrow - I should have Emergency Re-Inspection report - which will state on what date the City intends to become involved. THIS IS THE DATE THAT WILL MATTER IN TERMS OF MOVING.
DO NOT LET THESE CROOKS SCARE YOU OUT BEFORE THAT TIME!
I dealt with Landlord-Tenant court with a Notice to Quit in a month-to-month lease (with same stupid "your tendency has ended" check box checked) with my last apartment!!!! Landlord refused to turn heat on (radiators controlled by landlord) during Winter - so after YEARS of living with this - city inspector had to be brought in to tryto solve situation. Obviously, this made Landlord angry. Previous Landlord tried EXACT SAME TACTICS as Boydell is trying - and his case was DISMISSED immediately - since their was NO LEGAL STANDING FOR FILING THE NOTICE TO QUIT.
THE NOTICE TO QUIT IS NOT AN EVICTION NOTICE! PLEASE DO NOT BE SCARED OUT OF YOUR UNIT BY THIS NOTICE!
The Notice To Quit means that Management is saying "No monies are owed - all rent has been paid - so we can not file Demand For Possession of Nonpayment to try to evict tenant. Instead, we are filing this to try to say that THE TENANT IS VIOLATING LEASE IN SOME OTHER WAY THAN NOT PAYING RENT and we are demanding possession of our property (the unit) back due to this".
The 30 Days is the waiting period management must wait BEFORE FILING FOR A COURT DATE TO BE ASSIGNED. NOTHING CAN EVEN BE FILED WITH THE 36th DISTRICT COURT UNTIL 30 DAYS HAVE PAST FROM TODAY. (ie: The court is not even INVOLVED yet.) At that time, landlord can file FOR A COURT DATE. THIS DOES NOT MEAN AN EVICTION WILL BE GRANTED AT THIS COURT APPEARANCE (Which will be scheduled for about 2 weeks after the 30 day period has passed.) A LANDLORD WOULD STILL HAVE TO PROVE THAT THEIR BUILDING WAS COMPLETELY IN COMPLIANCE AND THAT TENANT IS THE ONE WHO VIOLATED TERMS OF A LEGAL LEASE TO BE GRANTED THE RIGHT TO MOVE FORWARD WITH ACTUAL EVICTION TERMS. None of those conditions could even POSSIBLY be met by Boydell Management!!!!!!
Since their IS NO VIOLATION OF THE LEASE TERMS BY TENANTS (and heck the lease itself is for AN ILLEGAL APARTMENT - which means management CANNOT use it to prove anything ANYWAYS), this Notice to Quit is not valid either. Even in a month-to-month, the obligation of proving the tenant has violated the lease, is MANDATORY to use a Notice to Quit to start moving toward the eviction process. DO NOT WORRY ABOUT THEM CHECKING "Your Tendency Has Ended" check box. THIS IS NOT THE CORRECT USE OF THIS FORM. That check box exists for extended lease terms (6 month, 1 year, 2 year...whatever) in which a tenant is basically squatting after the lease term is over. IT IS NOT APPLICABLE for month-to-month leases. I went through this process EXACTLY before. So I know FROM District Court Judge's OWN MOUTH what that area on the form is for. The area listed as "other" would have to contain an ACTUAL VIOLATION OF A LEGAL LEASE for the Notice To Quit to even be valid. From the Judge's mouth: The courts assumption is that a tenant in a month-to-month lease will remain a tenant, until THE TENANT gives proper notice. If Landlord wishes to use Notice To Quit - the burden is on them to prove that they WERE IN LEGAL COMPLIANCE and that TENANT VIOLATED TERMS OF THE LEASE.
So, in other words, do not worry about this Notice To Quit. If it did go as far as to go before a Judge, it will IMMEDIATELY be dismissed AS SOON AS Management cannot present copy of Certificate of Occupancy. Further more, even if on some CRAZY off chance Judge still considered Lease legal (which is ILLEGAL for the Judge to do and would make case EASILY appealed) - Management would STILL HAVE TO PROVE THAT EACH TENANT VIOLATED THE LEASE TERMS.
Which..........never happened.
DO NOT BE AFRAID! DO NOT MOVE UNLESS YOU HAVE ALREADY FOUND SUITABLE PLACE! BUT - ABSOLUTELY DO NOT PAY ANY MONIES FOR AUGUST 2012 RENT!
By tomorrow - I should have Emergency Re-Inspection report - which will state on what date the City intends to become involved. THIS IS THE DATE THAT WILL MATTER IN TERMS OF MOVING.
DO NOT LET THESE CROOKS SCARE YOU OUT BEFORE THAT TIME!
