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How to keep from being evicted?: First situation. About 2 months ago, the land lord rose the rent an extra 200 a month. I was never notified. I did get an envelop with a letter addrressed to someone else. I didn't read it. Can the landlord still charge this? Then two weeks ago the landlord notified me that I was behind on rent and there was 2 months not paid. I was not notified until october and i was never aware that it was not paid. Rent is paid by automatic payment. I also get one month free because there are 2 months a year were the rent gets paid 3 times in those months. Two weeks ago, recieved a text from land lord stating that i need to pay what is behind by the 15th or i will have to move. Just last week, the landlord texted with an amount of over 3200 dollars by the 15th. There is no way anyone can come up with that kind of money in that short of time. How long do I have to move out? I would need a couple of weeks.

Second situation
I was living in one of the parents houses that was suppose to be left to me. The last parent passed away and the executor gave me a 30 day notice without going throught the court system. Can they do that. I never did recieve the copy of the trust, just the executors versio

Asked 9 months ago in Landlord & Tenant

Clay’s answer: In both instances you mentioned, the landlord is going to have to go through a legal eviction (Unlawful Detainer) action against you.

In the first instance, you must be given at least 30 days written notice as to an increase of the rent if you are the person on the lease or if you are the one customarily paying the rent. In addition, he must serve you with a 3 day notice to pay or quit after complying with the required 30 day notice of rent increase or a 30 or 60 day notice if you lived in the property more than one year.

In the second instance, he would still have to seek an eviction through unlawful detainer, but it sounds as though you also need to discuss the facts with a trust attorney.

Answered 9 months ago.


What can I do in regards to termites on the exterior of my house that is controlled by my HOA?: I currently have termite damage to the exterior of my Condo (which is regulated and controlled by my HOA). The termites are on the move and making their way inside. The HOA regulations and master policy covers everything exterior until the sheet rock. What can I do since the termite damage is to areas that aren't under my control? Also, my neighbors have termites and it appears they are making their way towards my house, but I cannot treat the areas because they are my neighbors?

Who is responsible? Can I force the HOA to take action on the exterior areas that they control (fences, exterior woodwork)?

Thank you in advance!

Asked over 6 years ago in Residential Real Estate

Clay’s answer: Write a letter to the HOA first so that you have your concerns on record. Give the HOA a short period of time to respond. Review your HOA docs to determine whether you can demand arbitration. As you have stated, they are ultimately responsible for fixing the problem. The bottom line is that you can force them to take action.

Answered over 6 years ago.