Landlord threaten to have the sheriff evict me at the end of the month ?

Question

I was out of work for 2 month and my husband had to go out on total disability, We had no income coming in but with the help of friends, I'm back to work now so I have to play catch up, with my rent it was really hard I owe for August which I will be paying in full on the 11th of September and September's rent will be in full the following week, I told me landlord I get paid everytwo weeks which I gave him money last week well he called and threaten me and said if I didn't give him any money this week the sherriff will be at my house by the end of the month to throw my entire family out. Can he do that? By the time the end of the month comes, I won't owe him any money.

Answer 1

who ever said the landlord can't do anything is incorrect.  I am a landlord and have evicted people for non payment of rent.  But I have never evicted one that way trying as hard as you are to get back on track.  Is there  anyway you can borrow money from someone and pay your rent. .  is there any rental assistance agencies in your city.  I would be investigating  in my city there is a place called crosslines that can help There might be something in your city.  Maybe you can call a church and find out if there is some assistance available .  since you are so close to getting paid up and it would be ashame for you to get evicted now.  Once you are out of the woods I would start looking for a different place to live maybe one  more affordable for you.  

Answer 2

he has to serve you an eviction notice which gives you 30 days and you go to court and at court they can give you another thirty days

Answer 3

It is possible for the landlord to get a court ordered eviction within 3 weeks.

If your state requires a Notice (to Pay or) Quit (not all states do) then the landlord must serve that first. The Notice period depends on your state, you would have anywhere from 3-10 days to either pay all rent owed in full or move out.

In some states, once the Notice expires, the landlord does not have to accept rent. In others, the landlord can accept the rent owed and continue with the eviction. Some states, if the landlord accepts payment the eviction stops. It is all very state specific.

If you do not pay or move out per the notice, the landlord can then file for eviction. At that point you now are liable for the rent owed, court costs and attorney fees and you will have an eviction filed on your record.

Late rent/owed rent is non-payment. Non-payment NEVER requires a 30 day notice.

Answer 4

Of course he can do this.   What did you think?   He was the bank?   He would not mind loaning you some money for 2 months?

None of your problems justify you taking advantage and forcing him to give you a loan.

He needs to evict you, if you used him once you will use him again.

Answer 5

He can initiate eviction proceedings any time you are late with rents.  Since you are late, he can evict you.

Answer 6

Yes he can. You signed a contract. You're lucky you got away w/ two months.

Answer 7

Don't expect the landlord to accept your payments.  Sounds like he wants to proceed with the eviction. And yes, he can have the sheriff put you to the curb with a proper eviction procedure.

You payment problems should never become your landlords problems.

P.S.  He did NOT threaten you....he told you what his legal plans were.

Answer 8

If the rent has been paid by then he can't evict you. The eviction process takes time. Look up the Fair Employment and Housing Department in your area, they can give you the specifics.  

Answer 9

As long as you pay he can't do anything. BE SURE AND GET RECEIPTS!!!

Answer 10

The eviction process is state and lease dependent.  The lease gives the notice period.  My rental leases require no notification.  I could start the legal process the following day if I wanted, without notifying you.  The eviction process is state dependant.  In PA, after filling my paperwork with the local courts, a summons is served to the tenant.  This usually takes about ten working days.  The summons will list the court date. Usually about one week after the date on the summons.  If you lose the court hearing, there is a period of time in which you can pay the money you owe or you must vacate the property.  If you don't vacate the property, then the sheriff will kick you out.  The whole process take time.  In which case you would most likely be paid up.

If the landlord does attempt to evict you and your husband, GO TO THE COURT HEARING!  This is your time to plead with the judge.  Let him know what has happened and show him how you are going to pay the past due money.  Make a payment schedule and stick to it.  If you don't go to the hearing, you automatically lose by default.

As a landlord, I would rather have the money than an empty apartment/house.  I work with my tenants.  It is a lot easier and I get more of the money out of the tenants.  It's tough to collect on legal judgements when the evicted tenants have left your home state?

When you make your payments, pay by check or cashiers check and keep the stubs for your records.  These are your receipts.  DO NOT PAY IN CASH!

Good luck and I hope all is well with your husband.  I have more sympathy for you than some of the other people answering.  I guess that they don't know what it is like to have to struggle.  In their case, karma is a *****.

Answer 11

ok no one has mentioned this yet,but if and when your LL evicts you, if you show up on ur court date and have proof  that you have kept the money in an account out of good faith to prove you have the funds, and can pay all the monies owed ( i,e, rent, late fees, filing fees, court costs, attorney fees, etc) then the judge will grant you permission to remain on the premises. However when your lease is up, ur LL can wish to not renew.

Answer 12

No. Eviction is a process like anything else. It depends on where you are located but a landlord has to give you at least a 30 day notice before evicting. Each state is different I believe. You can look up the tenant laws for your particular state online.

Answer 13

I believe he has to give you a written notice, he can't (and the sheriff won't) just throw you out unless you been served with an eviction notice of some kind.

Answer 14

I believe most states require 30 days notice of eviction if you signed a contract establishing your rental  when you moved in. if not, then I believe he cannot force you to leave, but he can also change the locks while you are gone and claim ownership of everything in the building as his property (I've had that happen to me before)

Answer 15

NO - HE CANNOT DO THAT!

He has to give you a written notice to pay or quit - Required time frame is different from state to state but some are as little as 48 hrs.

if your not out by then he has to file an eviction with the court. They will give you a certain date to be out by.  If your not out by that date THEN and ONLY then can he have the sheriff remove you.

If he tries to just call the sheriff without the proper procedure they will laugh at him and not come.