So that button from applesauce arrived in the mail

[snoorkel]

I wonder what if she's already filed it though, what then? I'm new to this, so if I am indeed off the lease and have to move out this month does that mean I am being evicted or is the eviction more of a last-resort thing to get out out of the place?
I've already said I am calling the landlord tomorrow to explain the situation. I'm not sure if I can exactly pay extra though, seeing as I actually don't have the money right now or anything. My dad should be paying me back any day now, but who honestly knows. I really shouldn't have loaned him that money.
Well no because to my knowledge I had not violated anything. I thought the rent was paid.
Explain to me in more detail this whole eviction thing, because I'm not sure if I entirely understand it. I was not told that I was being evicted, but that I was no longer on the lease so I would have to move out by the end of the month. If it means anything, with this lease we're allowed to end the lease and move out at any time we want, so we're not locked into a "living here for a year" or whatever even though it is a 1-year lease.
Well chloe would still be allowed to stay here, but she can't afford this place by herself so  wonder what her plan is...
but yeah, these are good ideas. thanks.

I just have to get that money from my dad now...

Even though you didn't realize you did anything wrong, you broke the lease agreement, which is all that matters from the landlord's perspective. That's all the evidence a judge needs to approve an eviction.

However, you can't just be told "you're off the lease" and have it count as an eviction -- the landlord has to file for an eviction and have it approved, then deliver the Notice of Eviction to you in person with a date you must vacate the property by. That's the ONLY way you can be forced out of the lease, unless the process is described some other way in the lease itself (check that). Usually that takes at least a couple days, so if this just happened today, you have at least tomorrow to work things out before they file for the eviction.

I would know, I've been evicted.

[applesauce]

^don't let that happen though, because if it does it will show up in your background check in the future.

[Hiro]

I think by not paying the rent, that somehow removes me from the lease. My deposit fee has been used by the landlady to pay for this month's rent though, so I guess that would mean I legally am allowed to stay without being evicted, but since I am not off the lease this is no longer my house to rent? I'm guessing that's the logic involved here.

So if the landlord hands me a Notice of Eviction in person, that means my background check is fucked?

[Hiro]

Okay so I found this paperwork. All it says it something along the lines of "The tenants (me and my sister) mutually agree with the other tenants that we shall remove ourselves from the lease and that the person not leaving understands that they have to pay the rent in full. Chloe's already signed her name in her spaces, and wrote our names into the space for "tenants leaving", so my sister and I just have to sign it to make it official.  I'm wondering if this is a document they use to prevent an eviction, or if it's some sort of voluntary thing for if some people decide to move out... Chloe just told me she only payed her portion of the rent because she can't afford to pay for the whole place in full, so why would she sign that she is going to do just that?

[snoorkel]

I think by not paying the rent, that somehow removes me from the lease. My deposit fee has been used by the landlady to pay for this month's rent though, so I guess that would mean I legally am allowed to stay without being evicted, but since I am not off the lease this is no longer my house to rent? I'm guessing that's the logic involved here.

It would have to be explicitly written in the lease, so check it and see where you stand. If there's nothing about this 'off the lease so move out by the end of the month', then you're just being bullied and you have the right to keep paying rent and living there (unless they really are intending to serve you an eviction notice). 

So if the landlord hands me a Notice of Eviction in person, that means my background check is fucked?

Yes, if that happens you'll want to badger them until they agree to drop the court process and let you move out peacefully (without an official eviction). That's what I did.

Okay so I found this paperwork. All it says it something along the lines of "The tenants (me and my sister) mutually agree with the other tenants that we shall remove ourselves from the lease and that the person not leaving understands that they have to pay the rent in full. Chloe's already signed her name in her spaces, and wrote our names into the space for "tenants leaving", so my sister and I just have to sign it to make it official.  I'm wondering if this is a document they use to prevent an eviction, or if it's some sort of voluntary thing for if some people decide to move out... Chloe just told me she only payed her portion of the rent because she can't afford to pay for the whole place in full, so why would she sign that she is going to do just that?

I could be wrong, but that sounds like a provision for voluntarily exiting the lease before its term is up. There should be a section that states the exact terms and process for eviction... if you scan the whole thing we can help u

[Hiro]

I don't have a scanner, but this is just a simple 1-page piece of paper that says almost exactly what I just said to you, with blanks for the names and a spot for signatures. Nothing about eviction is mentioned, just that rent responsibilities from those leaving are being transferred to those staying. It's really simple, it almost looks like a kindergarten worksheet.

[snoorkel]

That's the only document you have that you signed with the landlord? You don't have a big 10-page packet that says LEASE AGREEMENT on it?

[Hiro]

That's the only document you have that you signed with the landlord? You don't have a big 10-page packet that says LEASE AGREEMENT on it?

Oh I do. I'm not sure where it is, chloe probably has it.

[snoorkel]

Oh I do. I'm not sure where it is, chloe probably has it.

That's what you need to read before you do anything

[Hiro]

That's what you need to read before you do anything

well shit... do you really think so? You don't think talking with the landlord first would possibly do it just the same, and if the results of that aren't desirable, then I could read through the contract?

[snoorkel]

well shit... do you really think so? You don't think talking with the landlord first would possibly do it just the same, and if the results of that aren't desirable, then I could read through the contract?

No, your landlord is trying to screw you (not just right now, they always are), you shouldn't trust anything they say. If you don't know the exact wording of the contract, you will have nothing to say to the landlord and will be forced to agree with them. READ IT, WORD BY WORD!

[Hiro]

No, your landlord is trying to screw you (not just right now, they always are), you shouldn't trust anything they say. If you don't know the exact wording of the contract, you will have nothing to say to the landlord and will be forced to agree with them. READ IT, WORD BY WORD!

Alright, I just fear that I'll misinterpret/misread a lot of what is says. Still, I'll look I suppose.

Guys this is really scary, I kind of just want to live in the dorms next semester now 

[snoorkel]

Alright, I just fear that I'll misinterpret/misread a lot of what is says. Still, I'll look I suppose.

Guys this is really scary, I kind of just want to live in the dorms next semester now 

Just read the lease and make sure you know what's going on, exactly what they think you did, expect you to do, etc. Explain to them it was an honest mistake that wasn't even made by you, and if the lease doesn't explicitly say that they can evict you for 1 missed payment, tell them so and promise to be on time in the future. It should be fine.

[Hiro]

Just read the lease and make sure you know what's going on, exactly what they think you did, expect you to do, etc. Explain to them it was an honest mistake that wasn't even made by you, and if the lease doesn't explicitly say that they can evict you for 1 missed payment, tell them so and promise to be on time in the future. It should be fine.

Alright then, I'll do that. We'll see how this turns out.

[silvertone]

I didn't read most of the Posts in this Thread but  " IT is Darkest before Dawn "