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  1.    #1  
    Hi all,

    First let me introduce myself. I'm married with two kids, one new born and a 2 year old. During the last months of my wife pregnancy she was feeling a little depress and having problems with her temper. She would yell at me for anything and cause all kind for arguments and I have to confess that I yell her back a few times, but we never touch each other. It was really bad and we've never had this kind of problems before. So, it happened, our landlord gave us a warning. According to her somebody complained about us been too load and that we would be giving a 30 notice if she gets another complain. So my wife and I spoke with our landlord and explained her that she was on her last month of pregnancy and she wasn't feeling good. She understood that and told me that I should control my temper and understand my wife. I apologized and we agreed we will do our best. The week after we went to counseling and spoke with a psycologist and told him our problem. Both my wife and I opened our eyes and realized that we were missing some time for ourselves. So we got much better and after the baby was born we were much better too.

    Now, we live on a second floor and my 2 year old is on that age were jumping is just part of his life and crying and whinning too. I tried to do all we can to understand him and make him get better but there are times when he just doesn't want to listen and he give him time outs. So all the noise that we could do would be from him and the new born crying.

    Yesterday I recieved a 30 day notice to leave the apartment because according to one of our neighbors we were too load at around 11pm and the landlord says that it was too much. I was surprised at what she said because the day before we were really quiet and my son was just been himself. So she said that we could not talk about that during non-office hours and that we could talk about it tomorrow. I was like "What the heck?" to myself.

    So, I asked all my neighbors if they had heared any noises and they all said they didn't heard anything the night before, with the exception of our neighbor down stairs. She states that the previous night she heard some banging on something wall or roof and she complained to the landlord about it. My wife and I told her that we did not make any banging noise last night and that the only thing that we could think of was our son, but he wasn't doing any noises last night. She said she didn't know from where they came. I told her that I got a 30 day notice to leave because our landlord thinks I'm abusing somebody or something. She said that that's wasn't what she meant and that she was going to talk to the landlord to explain her and that anyway she was moving. She said she was going to talk to her at around 1:30pm and I said that I was going to talk to her afterwards.

    All last night I felt like crap and today I'm feeling down too. I think this is really unfair, but I don't know what to do. Is there anything I can do or any organization I can contact about this? I've been living at this apartment for only 8 months and it was really hard for me to move in because of the heavy things we have and now plus a new born it is no fun. Please I need advice.

    Thanks,
  2. #2  
    I have no idea what is in your rental contract. There may a statement of somekind that may help you.....or help your landlord. And I have no clue what state laws you may have that may help protect you.

    I would sign up ASAP for like Pre-Paid Legal Services, Inc as part of their service is reviewing contracts. That part has saved me several times, both before and after I have signed.

    It is about $25 a month and well worth it IMHO.
  3.    #3  
    I live in California and my contract is a month to month lease, but I don't see how it is fine for the landloard to give a 30 notice just because 1 neighbor heard a banging from some where she doesn't know. I know the BBB helps people for things more like business-customer related issues like phone companies, etc. Is there anything that protects people who rent? I pay my rent every month and I'm never late. I don't think my landlord is been fair. Please help.

    Thanks,
  4. #4  
    Quote Originally Posted by IRent
    I live in California and my contract is a month to month lease, but I don't see how it is fine for the landloard to give a 30 notice just because 1 neighbor heard a banging from some where she doesn't know. I know the BBB helps people for things more like business-customer related issues like phone companies, etc. Is there anything that protects people who rent? I pay my rent every month and I'm never late. I don't think my landlord is been fair. Please help.

    Thanks,
    Crack open your local phone book and look in either the gov't section and/or the yellow pages for renters rights information for your area.
  5. #5  
    Quote Originally Posted by IRent
    I live in California and my contract is a month to month lease, but I don't see how it is fine for the landloard to give a 30 notice just because 1 neighbor heard a banging from some where she doesn't know. I know the BBB helps people for things more like business-customer related issues like phone companies, etc. Is there anything that protects people who rent? I pay my rent every month and I'm never late. I don't think my landlord is been fair. Please help.

    Thanks,
    I agree with Da.....plus again I cannot stress the importance of knowing your legal rights and what rights your landlord has and does not have. Attorney's are expensive, but with PPL you can have your contract reviews and get unlimited advice via phone consultation and they can make a phone call and letter for you......all included in the monthly membership. It does day a couple days to kick in, so signing up now is my best advise in addition to Da's.
  6. #6  
    That apartment is your home. If you exercise all of your rights, you cannot be thrown out without a hearing. And the judge is not likely to throw you and your pregnant wife out on the street. Just make sure you find out what steps you need to take in your jurisdiction.
  7. #7  
    I'm giving a tenant 30 days notice myself at the moment. My solicitor assures me that I am fully within my rights, and that, if given adequate notice, he has no right to appeal. Its still my property after all.

    Surur
  8. #8  
    Quote Originally Posted by surur
    I'm giving a tenant 30 days notice myself at the moment. My solicitor assures me that I am fully within my rights, and that, if given adequate notice, he has no right to appeal. Its still my property after all.
    That is the exact argument you will be giving the judge if your tennant properly exercises his right to a hearing.
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    #9  
    Quote Originally Posted by IRent
    I live in California and my contract is a month to month lease, but I don't see how it is fine for the landloard to give a 30 notice just because 1 neighbor heard a banging from some where she doesn't know. I know the BBB helps people for things more like business-customer related issues like phone companies, etc. Is there anything that protects people who rent? I pay my rent every month and I'm never late. I don't think my landlord is been fair. Please help.

    Thanks,
    I think you may be out of luck. I believe that in our fair state all the landlord is required to do is give you a 30 day notice. A couple of years ago it was very common for families to get a 30 day notice so the landlord could raise the rent, rentals were simply in very high demand and prices were going through the roof. I don't think they have to give a reason if they give you 30 days notice. But, be on the safe side and call the County Health and Human Services Department, explain the situation and see what they say.
    "If It Weren't For The United States Military"
    "There Would Be NO United States of America"
  10. #10  
    I hope things work out, maybe there is something better out there for you.

    In the mean time, time is ticking and with a new baby coming you need to actively engage the situation in one direction or another to secure your family's housing.
    "Everyday is a Gift, A Blessing, An Opportunity!" - GM

    Phone history: Treo 600, Treo 650, Treo Centro, Pixi, Centro again, 800w, Treo 755p, Palm Pre
  11.    #11  
    Good and bad news,

    Let me start with the bad news, I have read this consumer publication:
    http://www.dca.ca.gov/legal/landlord...rminations.htm
    and man.... it doesn't look good. My case is exactly described on the page. And I guess surur is right in saying that it is his property and that he can do whatever he wants with it. Though, deep down inside I know it is unfair and sucks to be threated like they are doing me a favor. For God sake I'm paying the rent.

    Now, the good news is that I spoke with my landlord and the lady says that the lady from downstairs came to talk to her and she didn't like the fact that I spoke with her at 10:40pm. I explained that I tried to reach her earlier but she wasn't there. Now, her argument was that my son had been making too much noise till too late and that 11pm is too late to be making noises. I apologized and told her that ever since my second son was born my first one has been looking for more attention and trying to be a baby. That kind of touched her and gave me ideas on how to solve that problem. She said that he needs more attention and we should probably take him to the park more often. From there I knew she was giving me a second chance. So she said that I should not allow my son to be making noises no later than 9pm or so. Well, I'm glad this is over and I'm willing to accomodate myself to that. Am I an sucker or what??? Seriously... I have to be careful at work, with the wife, with my landlord.... damn... I need a vacation...

    Thank you guys for your help... I really needed somebody to share with feelings with..
  12. #12  
    Read down to the part about what the landlord has to do if you do not move out. You dont even have to take him to court. It's his responsibility to ask the judge to order you and your pregnant wife to move out.
  13. #13  
    Also, if you have not paid your rent, you might persuade the landlord to think about what might happen if you do not give him any money through the entire process, including the time waiting for a hearing, and appeal, and the warnings before the judge finally orders the sherrif to remove you. He may decide it's better for his wallet just to forget the noise incident.
  14. #14  
    Don't want to come off as unsympathetic, but why do you join a Treo based forum to ask something like this?

    MaxiMunK.com The Forum That Asks, "Are You Not Entertained?"

    Remember: "Anyone that thinks the Treo should just work right out of the box, shouldn't own a Treo..."
  15. #15  
    First off in da future,...I'd suggest a "legal" forum rather than a "gadget forum" for a question like this.

    http://chat.lawinfo.com/

    As to the subject glad it worked out....unfortunately there's two very different sides to this. 1. It is probbaly legal to ask you to leave on 30 days notice.....OTOH, if you refuse, then it will probably take more than a year to get you evicted.

    Best thing is make friends with ya neighbors.....much easier tom deal with people you know then "people with no faces". Buy a gift, maybe a walkman w/ earphones.....or aT reo
  16. #16  
    Quote Originally Posted by JackNaylorPE
    It is probbaly legal to ask you to leave on 30 days notice.....OTOH, if you refuse, then it will probably take more than a year to get you evicted.
    Exactly, or maybe less, but certainly not 30 days.
  17. #17  
    I have seen it go as much as 18 months in NY.....no late payments, no damages....recent pregnancies .... good lawyer should get you 3 or 4 postponements before it goes to 1st real date in court
  18. #18  
    and all the while the landlord is out his rental income.....doesn't seem fair to them. Using the system for personal gain to avoid paying what you owe...shame on all of you!
  19. #19  
    Quote Originally Posted by ttrundle
    and all the while the landlord is out his rental income.....doesn't seem fair to them. Using the system for personal gain to avoid paying what you owe...shame on all of you!
    lol, the lofty moral high ground of capitalism over pregnant wife out in the street, nice

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