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Posted by elsieb on October 11, 2001 at 18:18:51:

In Reply to: Re: notice to cure/notice of termination posted by J.F. on October 11, 2001 at 16:59:22:

have you redirected your mail? It doesnt matter if you temporarily reside somehwere else, he cant evict you as long as you have not taken up residence elsewhere. job move, etc. Going forward, I would make sure you pay your rent on time; if he refuses to accept your rent, send it certified. If he still doesnt cash it, dont spend the money. Depending on when your lease is up, he cant ask you to leave prior either. But read your lease, does it contain a sublease clause? He cant evict you if you have an occassional guest either, provided that you are telling the truth and your boyfriend hasnt actually moved in.

: The government knows that tenants can't go through legal hoops, so the rental court is set up so you don't need a lawyer. If the landlord is using a lawyer, they may be just trying to intimidate you.

: The landlord can ask you to leave, but if you do not believe that the reasons are valid you can simply refuse to move out, which forces the landlord to set up a court hearing to get an order to remove you, the tenant would be invited to defend themself at this hearing. Alternatively you can go to the rental court and ask for a hearing, most places it only cost about 20$. If the landlord has not sent you previous letters then their actions now are clearly unreasonable, and they will have much difficulty arguing their side of this.

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Comments:
: have you redirected your mail?  It doesnt matter if you temporarily reside somehwere else, he cant evict you as long as you have not taken up residence elsewhere.  job move, etc.  Going forward, I would make sure you pay your rent on time; if he refuses to accept your rent, send it certified.  If he still doesnt cash it, dont spend the money.  Depending on when your lease is up, he cant ask you to leave prior either.  But read your lease, does it contain a sublease clause? He cant evict you if you have an occassional guest either, provided that you are telling the truth and your boyfriend hasnt actually moved in. 


: : The government knows that tenants can't go through legal hoops, so the rental court is set up so you don't need a lawyer. If the landlord is using a lawyer, they may be just trying to intimidate you.

: : The landlord can ask you to leave, but if you do not believe that the reasons are valid you can simply refuse to move out, which forces the landlord to set up a court hearing to get an order to remove you, the tenant would be invited to defend themself at this hearing. Alternatively you can go to the rental court and ask for a hearing, most places it only cost about 20$. If the landlord has not sent you previous letters then their actions now are clearly unreasonable, and they will have much difficulty arguing their side of this.



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