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  1. #1
    Join Date
    Jan 2007

    Default Being Evicted From Apartment, And Response Is Due

    I had lived in my prior residence from 12/03 years with my boyfriend (we are both on the month-to-month lease). I decided to leave the abusive relationship and move out, gaving my 30 day notice to the Landords (December 3td) and paying December's rent. At this time my boyfriend was in the hospital and had been almost continually since September. On December 5th the Landlords delivered to the premises a 30-day notice of their own listing me and my boyfriend which I told my boyfriend about.

    I wanted to be gone with my things before he got out of the hospital so I found a new place and scheduled my move for the 15th. On the 11th of December I got word that he would be released the next day from the hospital and I so moved into my new apartment on the 12th (lease signed as of 12/12/06). My boyfriend came home and was pretty mad at me being gone and knew that he had until the 5th of Jan 07 to move. He told the landlord he has no income and wouldn't be able to move. He tried to get the Landlord to let him move in other people to pay the rent but the landlord stood by the 30 day notice. A few days later he had 3 other people also living there. The 5th has come and gone and he has not left the premises. Nor does it look like he is making any plans to do so.

    FYI this is a two-story home that has one apt upstairs and one downstairs and the Landlord's daughter and grandchilden live in the downstairs unit (so the Landlords are there quite often).

    I called the Landlord on the 3rd of January to find out what the situation was (my 30-day was up) and they told me to contact their lawyer (who refered me back to the Landlord - who then told me they were looking into filing eviction papers. On the 8th I called the Landlord back to make sure I wasn't also listed on the eviction since I gave notice and was and and ). I was told by the Landlord that I never turned in the keys for the premises after I moved (I thought I had and reminded him that I was in a new place and completely moved out by the 12th of December) and the Landlord said that they were filing the next day so if I got them the keys that night, I wouldn't be included in the filing. The keys WERE DELIVERED ASAP that night after work.

    My boyfriend was served with the eviction (as well as by certified mail) on the January 10th (filing date also). I was not served separate papers. In the evening on the 10th I was informed by him that my name was listed as a defendent (as well as ". he also stated that in a conversation he had earlier in the day with the Landlord about me, the Landlord said "we entered into the lease as a 'Joint venture', we would need to leave as a 'joint venture'.

    The form says I only have 5 days to respond including Saturday and Sunday (doesn't seem quite fair to count the weekend when the court is closed and there is nothing I can do) and not count holidays . . . so that's Thurs, Fri, Sat. Sun and Tues. I have to file a response by Tues. morning?

    It seems to me this is very like a roommate situation. Say one roommate gives notice and leaves and one-two (however many) months later the Landlord evicts the other roommate. Is it fair for the Landlord to hold the first roommate accountable indefinitely?

    MY questions are:

    Since I had given appropriate notice and was moved out long before the 30-days was up I was not a tenant when their 30-day was up, how can they "evict" me from a residence I'm not a resident in?

    What, if any bearing does not turning in the keys have on my position?

    Since we are listed together, do I have to file a response with my ex-boyfriend or can I respond alone?

    What do I say in the response?

    From what I can tell there is a $180 response filing fee. my ex will undoubted get this waived as he has no income, but I do have a job (not a job where $180 is easy money for me to come up with though). I don't feel I should have been listed in the first place so I don't fell it fair to make me pay the response fee. If we respond together, will the court use his or my income to justify charging the fee? and if I respond separately, what can I tell them (court) to help me in getting out of paying the fee?

    The papers just say that I have 5 days to respond, it doesn't list a court date, when will that be?

    Since my ex has no income, can the judge make me pay everything (his holdover rent, damages, attorneys fees, etc.)?


  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Being Evicted From Apartment, And Response Is Due

    You entered into the lease jointly? That is, both of you on a single lease?

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