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  1. #1
    Join Date
    Nov 2013
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    Kellogg, Idaho, United States
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    Unhappy Landlord Believes I'm Letting an Evicted Tenant Stay in My Unit

    My question involves an eviction in the state of: Idaho
    I live in a HUD apartment complex and 3 months ago my brother and sister in law got evicted cause they couldn't pay their electric bill At that time my manager said she had no problem with my brother coming over to drop off and pick up my nephew he just couldn't stay there, which was all fine with us.
    So last week I went to visit my boy friend and my mother was going over to feed the cats on one of those days she couldn't do it so she asked my brother to do it, while he was there the manager saw him and accused me of him staying there which he was not and we all had proof of this.
    Well she served me with a eviction notice I have a 2 yr old child it is freezing cold out side and once you are evicted from HUD you can not get back on it .
    My question can she evict me over my brother being there?

  2. #2
    Join Date
    Sep 2011
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    OH10
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    Default Re: Evicted Because My Brother Was in My Apartment Feeding Cats

    Yes she can, unless you request a hearing and successfully appeal. You were told your brother had a no trespass order and you ignored it.

  3. #3
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    Jan 2006
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    38,867

    Default Re: Evicted Because My Brother Was in My Apartment Feeding Cats

    she can sue to have you evicted but you will have the opportunity to address the court regarding the issue. The judge will rule on it based on his/her beliefs of the situation.

    disagreeable;

    where did you get a no trespass order. OP said this:


    she had no problem with my brother coming over to drop off and pick up my nephew he just couldn't stay there,

  4. #4
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    Default Re: Evicted Because My Brother Was in My Apartment Feeding Cats

    At that time my manager said she had no problem with my brother coming over to drop off and pick up my nephew he just couldn't stay there
    Pick up, drop off. Do not get out of car and go in. The clarification for which is certainly debatable unless brother has been given a specific warning himself.

  5. #5
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    Jan 2006
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    Default Re: Evicted Because My Brother Was in My Apartment Feeding Cats

    Quote Quoting Disagreeable
    View Post
    Pick up, drop off. Do not get out of car and go in. The clarification for which is certainly debatable unless brother has been given a specific warning himself.
    regardless what brother has been given notice of, it does not allow for an eviction of the OP for allowing him to visit the premises unless there is something quite specific in the lease prohibiting a tenant from allowing certain people from visiting their abode.

    Either there is something missing in what is presented here or LL is stepping way beyond his rights.

    but the claim is OP allowed brother to stay at her apartment. Again, unless the lease does not allow any overnight guests, that one is going to be hard for the LL to prove, at least based on what has been presented.

  6. #6
    Join Date
    Dec 2012
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    Default Re: Evicted Because My Brother Was in My Apartment Feeding Cats

    OP...HAS your brother been staying there while you have been away. Seriously.

    Gail

  7. #7
    Join Date
    Nov 2013
    Location
    Kellogg, Idaho, United States
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    Default Re: Evicted Because My Brother Was in My Apartment Feeding Cats

    no not true he has his stuff from his move out in my apt she said he could go in and get his stuff or change his clothes just couldnt stay there which he doesnt..

    - - - Updated - - -

    no he came to feed my cat cause my mom was up at the farm and could not get down the mountain he was there only to feed the cat and she evicted me he never got a no trespassing notice from the manager

    - - - Updated - - -

    he didnt stay in my apt he was just there to feed my cat

    - - - Updated - - -

    there was never a written notice she just said he wasnt allowed there and has done that with alot of people since she became manger I dont think she has the right unless she serves the people with no trespassing notices does she?

    - - - Updated - - -

    there was not nor has there ever been a no trespassing order

  8. #8
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    Sep 2011
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    Default Re: Landlord Believes I'm Letting an Evicted Tenant Stay in My Unit

    The landlord has to serve you with a 30 day notice.


    Notice of Eviction
    A tenant must be properly served with a three - day or 30 -day written notice , depending on the circumstances.
    a.Proper Service of the Notice.
    The landlord is required to deliver the notice to the tenant in person. However, if the tenant is absent from the property or place of business, the landlord may leave a copy of the notice with a competent person at the residence and mail a copy to the tenantís residence. If the tenant and a competent person are not located at the residence, the landlord must do all of the following:
    (i) Post a copy of the notice on the property at a conspicuous place
    ;
    (ii)Leave a copy of the notice with any person found residing on the premises
    ;
    and (iii) Mail a copy of the notice to the tenant at the rental address.

  9. #9
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    Default Re: Evicted Because My Brother Was in My Apartment Feeding Cats

    Quote Quoting Ginger Davis
    View Post
    no not true he has his stuff from his move out in my apt she said he could go in and get his stuff or change his clothes just couldnt stay there which he doesnt..

    - - - Updated - - -

    no he came to feed my cat cause my mom was up at the farm and could not get down the mountain he was there only to feed the cat and she evicted me he never got a no trespassing notice from the manager

    - - - Updated - - -

    he didnt stay in my apt he was just there to feed my cat

    - - - Updated - - -

    there was never a written notice she just said he wasnt allowed there and has done that with alot of people since she became manger I dont think she has the right unless she serves the people with no trespassing notices does she?

    - - - Updated - - -

    there was not nor has there ever been a no trespassing order

    If you look at his presence, his eviction and the fact that his belongings were also there, it's not unreasonable to conclude that he is in fact staying there.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  10. #10
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    Jan 2006
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    Default Re: Evicted Because My Brother Was in My Apartment Feeding Cats

    Quote Quoting Dogmatique
    View Post
    If you look at his presence, his eviction and the fact that his belongings were also there, it's not unreasonable to conclude that he is in fact staying there.
    but even if he was I'm not certain it wouldn't be a curable issue.

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