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My dad's friend of 35 years and room mate bailed on him

S

SAWYER

Lifer
They have an apartment together and he up and moved put after getting into a a dispute with their apartment manager which resulted in supposedly getting them evicted. He came in with his son and two of his son's friends and cleaned almost everything out of the apartment except a 60" dlp, my dad sold that on craigslist.




The apartment home office called my dad and told him if he didn't have the keys turned into the office by yesterday morning the sheriff would be there to kick him out. No cop every showed, what kind of time should he be given? He had just paid rent for the month. And they have not served my dad with any eviction notice or even showed it to him. My dad and his friend are both disabled, I told him he should pull the discrimination card.
 
Uh, isn't it like 14 day eviction notice, and if he just payed for the month, either a refund or wait?

The whole thing seems messed up.
 
SAWYER said:
They have an apartment together and he up and moved put after getting into a a dispute with their apartment manager which resulted in supposedly getting them evicted. He came in with his son and two of his son's friends and cleaned almost everything out of the apartment except a 60" dlp, my dad sold that on craigslist.




The apartment home office called my dad and told him if he didn't have the keys turned into the office by yesterday morning the sheriff would be there to kick him out. No cop every showed, what kind of time should he be given? He had just paid rent for the month. And they have not served my dad with any eviction notice or even showed it to him. My dad and his friend are both disabled, I told him he should pull the discrimination card.
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What was the "dispute" they got into with the apartment manager about?
 
I thought evictions gave 30 days notice.

His roomy probably told them they were moving out.
Hopefully the roomy didn't take down the eviction notice from 30 days ago.
 
edro said:
Hopefully the roomy didn't take down the eviction notice from 30 days ago.
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^^^ This

Assuming he didn't take it down, he can't be evicted until X days after notice. Depending on your state, the number of days and method of notice required can vary (certified mail, posted on door, handed to someone over the age of 18 at the apartment, etc).
 
I'm not upset, I was just curious about how long he may have

I'm not sure what happened with his friend and the manager. My dad said he was pilled out and raising hell with the manager is all I know.
 
F1N3ST said:
I think they still have to. Even squatters get a notice IIRC.
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But if they gave it to his roommate, that may be enough.


OP: I would suggest talking to a renter's advocate type organization. They can tell you more, especially since your father is disabled (which can change things). What state is your father in?
 
Don't worry. Sheriff cannot evict them without a court order. To get a court order, the landlord must first take them to court....by first serving them a notice to appear right in their hand.
 
Six said:
Don't worry. Sheriff cannot evict them without a court order. To get a court order, the landlord must first take them to court....by first serving them a notice to appear right in their hand.
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They damn sure can in TX and AR. If you've been given an eviction notice, you only have a small time frame afterward until the sheriff will come put your shit on the curb. Doesn't take a court order.

And OP, you need to know if your dad is on the lease. If not, has he made any payments with something with his name on it (like a check) that he can use as proof of residency?

He'll have to be given an eviction notice if his name is on the lease.
 
BrunoPuntzJones said:
They damn sure can in TX and AR. If you've been given an eviction notice, you only have a small time frame afterward until the sheriff will come put your shit on the curb. Doesn't take a court order.

And OP, you need to know if your dad is on the lease. If not, has he made any payments with something with his name on it (like a check) that he can use as proof of residency?

He'll have to be given an eviction notice if his name is on the lease.
Click to expand...


Source: http://www.arkansasag.gov/consumers_consumer_tips_landlord_tenant.html

Failure to pay rent or to pay rent on time, for any reason, is grounds for eviction.
There are two types of eviction procedures a landlord can use to get you to move: "unlawful detainer" ( a civil eviction) and "failure to vacate" (a criminal eviction).

If a landlord uses the "unlawful detainer" method of eviction, he must give you three (3) days written notice to vacate. If you do not leave, the landlord can sue by filing a complaint against you in court. After you receive a summons to appear in court, you have five (5) days to object in writing to the eviction. If you do not file an objection you can be removed from the dwelling by the Sheriff. If you do object, a hearing will be scheduled to determine your right to possession of the property.

If a landlord uses the "failure to vacate" method of eviction, he must give you ten (10) days written notice. This method of eviction applies only to non-payment of rent. If you do not leave the premises within ten (10) days, you can be charged with a misdemeanor. You would then be required to appear in court where you could be fined up to $25 for each day you remained in the dwelling after being given the ten (10) day notice to vacate.
 
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