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I wanna know my rights on Eviction?


Me and my landlord have been having problems. She believes that my brother is breaking into her basement, and i have asked my brother to be straight up with me about his involvement. He has assured me that he did not do it. He has damaged a wall in the past and have since fixed it. My neighbor (who my brother has had an altercation with) is telling her these lies. Now she is talking about evicting me because of defacement to her property yet, she has no physical proof of it. Can she evict me on these grounds? Keep in mind i have not paid my rent for this month, and wont be able to pay it until the end of this month.

She can FILE for eviction, but the court has to approve the eviction. Suppose she files for an eviction on the basis that you are responsible for defacing the property or failed to control your guests. If you contest the eviction, she will have the burden of proof and must show the judge, by a preponderance of the evidence, that her claim is factual. It does not sound like she would meet the burden of proof in this case.
You are not home free, however, because it sounds like you have one or two things working against you. First, when contesting an eviction, many states require that you deposit your rent with the court. This is done to ensure that you are not simply contesting the eviction because you don't have money to pay for your rent. Upon resolution of the eviction case, the judge then determines what is to be done with the rent money. If your state has this requirement and you don't have the rent money to deposit with the court, you may not be able to contest the eviction.
Even if your state does not have this requirement, you may have a problem. Is your rent due at the end of the month, or are you technically late with the rent? If you are late with the rent, the landlord can file for eviction on grounds of non-payment by giving you a "Notice to Pay or Quit." Depending on your local laws, this gives you 3, 5, or 7 days to pay your rent or vacate the premises.
Considering the money issue, it is in your best interest to resolve things amicably with your landlord. Your best bet is to explain to your landlord that you do not believe that your brother is responsible, but apologize for the situation and promise that you will keep a close watch on the property in the future. Anything you can say or do to placate your landlord would be in your best interest.

You should check the landlord/tenant laws of your state. It always surprises me when tenants don't know the laws that pertain to them, but I guess if i stay on this board I'll get over the surprise eventually.

The only grounds the landlord would have to begin the eviction process would be your nonpayment of rent. The issue of breaking in is nothing to do with you, although you didn't make it clear if your brother lives in the apartment with you. She cannot evict you because of defacement of her property, which you didn't do.

Again, check the laws. And find a way to pay your rent. It sounds like you don't want to give this landlord another reason to be on your case.

i got tired of landlords due to the state laws. in oregon the landlord does not have to have a reason other than 'i just want my property back' to evict you. i got that excuse more than once. so i bought a house worked two jobs to get it paid for. you will be much happier when you own rather than rent.

Yes, but she will not call it an eviction. She will just tell you to move(she does not need a reason nor does she need to state one) and if you don't move then she can evict. Of course, not paying the rent on time is a slam dunk reason to evict a person.

Sorry, but she has every right to evict you... for any reason. It's her property, not yours. And not paying your rent is also justification enough to evict you. If I were her, I would have done so after the first wall was damaged.

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