Skip to main content
Carol Lynne Zimmerly

Carol Zimmerly’s Answers

2,601 total

  • When can we legally get out of our lease?

    We have an early termination clause in our lease and we are trying to move back to Indiana from Florida. The clause states that we have the right to terminate after 6 months from the lease commencement date with a 60 day written notice given no e...

    Carol’s Answer

    You may get out of the lease early if the landlord agrees or if you are willing to pay the penalty.
    See a local landlord / tenant attorney or real estate lawyer.
    They will review your lease and advise you.
    If you normally pay rent on the first of the month, get moving and make the appointment now.
    You may find that it is necessary to send the notice by the end of July.
    Good luck!

    See question 
  • After posting writ, how long before BSO execute the actual eviction?

    I'm a new property owner and filed an eviction against a tenant. It took BSO from 7/8 until today to post the actually writ. I called several times but always got a voicemail. Will the BSO actually return tomorrow morning so that we can rent the u...

    Carol’s Answer

    The deputy sheriff who has been assigned the Writ should be calling you soon to schedule the execution of the Writ of Possession. He or she will not go to the property automatically 24 hours later.
    Did you give the sheriff's department your name and telephone number on the Writ of Possession or accompanying letter of instructions?
    If you didn't, you may want to fax or take over such a letter right now. Be sure to reference the case number, property address, and name of Defendants.
    The eviction process seems excruciatingly slow to property owners, but it does move along if the paperwork is done correctly. Good luck!

    See question 
  • Once an eviction notice is given do you really have just 24 hours to vacate or will they give you an additional day to move

    I'm the former owner of the house & this is my mortgage company that's doing the process.

    Carol’s Answer

    It is 24 hours down to the minute.
    You will not be given any additional time.
    If additional time is needed by the sheriff's office, then it will be longer than 24 hours.

    See question 
  • Can my landlord increase my rent and notice to vacate after annual lease expires?

    My annual lease was up April 30, 2016. It says if I don't renew it will automatically become a month to month. At the current rate with 30 days notice. So I told LL I wasn't renewing and that I want to go month to month. He increased the rent by 1...

    Carol’s Answer

    If the written lease agreement states that the tenancy will go month to month after the initial term expires but that all other terms and conditions will remain, including a 30 day notice requirement, then you can give your landlord notice that you are vacating. Even if the written terms of the original lease didn't apply, you would still be able to give the notice; the statutes only call for fifteen days notice, though, not thirty.

    As long as you give the 30-day notice, you can consider the tenancy terminated. If you have not already done so, you can give notice now that you will be terminating the tenancy as of August 31st and will turn in keys on that date.

    By the same token, the landlord has to give you 30 days notice in writing that the rent is going up.
    Please make an appointment with a local real estate lawyer or landlord tenant attorney to go over all of this and for advice and representation. Good luck!

    See question 
  • Evict family members from residence.

    3 years ago in laws moved into our house after losing theirs to foreclosure. We were on a cruise when they moved in. The verbal agreement was 100 per month and they were only supposed to stay a short time. Its been 3 years and they have only pa...

    Carol’s Answer

    If they are tenants, you agreed to a definite day that rent is due and a definite amount.
    (like $100.00 on the first of every month)

    You have to hand them a written notice that they are behind in rent and you expect them to vacate or pay the full amount within three business days. It is called a Pay or Quit notice or a "Three day notice."
    You have to hand them a written notice today or let's say by the end of the day on July 16th that you are terminating or non-renewing their month to month tenancy and you demand that they give you keys and leave by the end of the day on the 31st.

    Make an appointment with a lawyer today to come in to discuss how to begin this correctly.
    Good luck!

    See question 
  • Carpet charges after 3 years old

    Can my apartment complex charge me for carpet replacement after three years

    Carol’s Answer

    Whether your apartment complex can charge you for carpet replacement depends on many factors.
    The age of the carpet and the condition of the carpet when you moved in is one big one.
    Some carpets are cheap and don't last very long. Some are superior and could last 20+ years if cared for properly.
    Make an appointment with a local attorney to discuss what can be done. Good luck!

    See question 
  • How did I kick a person out of my house that hasn't paid rent and just moved in?(first 30 days) and no lease agreement

    An old childhood friend moved in Bc she needed help with a place. We had a verbal agreement for rent. We just recently hit the first 30 days and she hasn't paid. I asked her nicely today to leave by Thursday Bc we both came to the conclusion that ...

    Carol’s Answer

    It doesn't matter that you don't have a written lease agreement.
    You do have a verbal agreement to rent to her for a certain amount of rent money each month, right?
    So, hire an attorney to send the proper notice and you will be in position to file the lawsuit.
    Good luck!

    See question 
  • How Do I Make It OK For The Four Of Us Boyfriend Girlfriend An 2 Child To Stay Out Of Trouble By Living In A Two Bedroom Place..

    Me An The Boyfriend Have A Extremely Low Income I Have A 11 Year Old Boy And An 10 Year Old Girl Can't Afford A 3 Bedroom Place..

    Carol’s Answer

    If you live in a government subsidized housing project, you will have to abide by their housing rules. There is no way around it.

    See question 
  • Can you verbally evict someone from home without a no trespassing want or restraining order or eviction papers?

    My 12 year daughter punched a dent in door of our apartment and they told her and I she couldn't stay here anymore.

    Carol’s Answer

    The Landlord telling a tenant they have to leave is not an eviction.
    If you are month to month tenant you have less protections; the Landlord can give you a written notice on paper and you have to leave by August 1, 2016.
    If you have a term lease, then they can state that the damage to the door is a violation of the lease / statutory law.
    You should pay a local lawyer for a consultation. Be sure to bring the documents with you and a good photo of the damage to the door.
    Good Luck!

    See question 
  • What happens when you terminate your lease?

    What happens when you terminate your lease?

    Carol’s Answer

    It depends on what your lease says.
    The outcome can range from you owing nothing to you owing for all rent due for the rest of the term of the lease.
    Pay a local attorney for a consultation. Good luck!

    See question