any judges in town? what reasons would a judge accept or not accept as a person being an undesirable tenant?
if someone is being evicted as an undesireable tenant, what reasons would carry weight and which ones would not in the eyes of a pro-landord judge?
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well, stated elsewhere I have an income of 1000 a month and I own my 1960 model mobile home and can not afford to move it, buy a lot, or abandon it with all my belongings which would take a huge moving truck.
I have not broken the over night guest rule. I went to her in advance and asked and she said no. Now I'm bringing the matter up because she is intentionally refusing to accept proof of the other resident having overnight guest which is against the law to prohibit such. She says if I do not drop the subject she'll evict me as an undesirable tenant.
THIS is the question on this thread. WHAT reasons hold water in a court for evicting someone as an undesirable tenant. Hair color? car type? There must be some list of conditions that the judge would stick back in her face as crap.
Here I have a brochure: Landlord and Tenant law in S.C.
Q: what are my rights if the landlord includes any illegal conditions?
A: The illegal condition can not be enforced and the landlord can be sued for monetery damages.
Q: Does the law protect me from unfair rules?
A: Yes, a lease must be fair and reasonable.
It looks like, and the lawyer may confirm this next week, that her month to month lease is keeping people from fighting her on the lease terms. I can't beat her in court in 30 days but she can have me out in 30 days.
I have not broken the over night guest rule. I went to her in advance and asked and she said no. Now I'm bringing the matter up because she is intentionally refusing to accept proof of the other resident having overnight guest which is against the law to prohibit such. She says if I do not drop the subject she'll evict me as an undesirable tenant.
THIS is the question on this thread. WHAT reasons hold water in a court for evicting someone as an undesirable tenant. Hair color? car type? There must be some list of conditions that the judge would stick back in her face as crap.
Here I have a brochure: Landlord and Tenant law in S.C.
Q: what are my rights if the landlord includes any illegal conditions?
A: The illegal condition can not be enforced and the landlord can be sued for monetery damages.
Q: Does the law protect me from unfair rules?
A: Yes, a lease must be fair and reasonable.
It looks like, and the lawyer may confirm this next week, that her month to month lease is keeping people from fighting her on the lease terms. I can't beat her in court in 30 days but she can have me out in 30 days.
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she has not served papers?
................no, I have copies of the papers that are used to evict people. I have bought and sold a few trailers in this park and know the eviction process, except "what' reasons can and can not be used to evict someone as an undesirable tenant..............
She can keep harassing you until you comply or leave..
.............over the last 7 years I have seen her threaten to evict people (she has threatened me 3-4 times for childish violations...............a
Also, you'll have to have a clean nose, as the landlord can claim her "undesirable" claim is because you smell funny, or have a rusty chassis, or any other thing she can find.
........so those type phony, fabricated reasons will hold water in court?..........
You'll frequently run into conflicts with other people's belief systems. She may be allowing one type of guest over another because her belief that a girl with a girlfriend is better than an unmarried couple. I couldn't rent a house with my girlfriend because the owner was a church. They felt is was better to rent to an unmarried woman with kids than an unmarried couple with more income.
.............didn't the church discriminate? My landlady has never allowed a non white to live in here, she has asked prospective tenants to show her their marriage certificate. If she just gets the slightest notion that a single person has an intimate friend no go. No families of more than 3, vaguely possible 4. She uses her moral and "r............" beliefs to justify her actions. There are 16 homes in here. Do you know the average number of residents per home due to her manipulation of the right to live here. Here are all 16 by number of residents: 1-1-1-2-1 (with an overnight visitor at times- the current issue) - 1-0-1-1-1-1-2-1-2-1-1 and the last one is the landlady herself. So you see the average is under 1.13 when the average family in this country has to be 2.5 or higher, I think. She discriminates until she gets type tenant she prefers. Sad.
Her exact words to me back in Feb. were, "I know I told you yesterday that you could host a foreign student for a semester but I changed my mind, I can not violate my own lease, I do not want to get sued."
Right there she is admitting that she thinks she can be sued for something. Can anyone tell me what it is?
8 months later she is ignoring an overnight guest and I have a couple willing to go to court and back me up on my evidence that the overnight visitor is staying overnight on occassions. But, she tried to bribe them into silence last night by taking them a big basket of fresh fruit, by the way, when I was not home and is telling people not to believe what I might tell them about the overnight issue. She claims God gives her all the instructions on what do to and how to live.
I can get married any time I want. I can have 10 visitors a day as long as they do not stay overnight. ?The woman is insane and a minister who used to sell mobile homes says it is time for her to hand it up, retire, she does not know what she is doing, tooooo much control over other people's lives. She controls who our visitors are and more importantly to me, "how long they can stay". I have friends, or used to, thanks to her, in other states and countries. They have been unable to visit me. They and I can not afford $200 a week for a hotel, if you can get one that cheap.
I hope you get some good advice from counsel.
...............I do too but I fear he will say what Legal Aid told me. The month to month lease is HER way out.
But, she has never used the phrase month to month as if she has forgotten it. She always uses the undesirable tenant phrase.
................no, I have copies of the papers that are used to evict people. I have bought and sold a few trailers in this park and know the eviction process, except "what' reasons can and can not be used to evict someone as an undesirable tenant..............
She can keep harassing you until you comply or leave..
.............over the last 7 years I have seen her threaten to evict people (she has threatened me 3-4 times for childish violations...............a
Also, you'll have to have a clean nose, as the landlord can claim her "undesirable" claim is because you smell funny, or have a rusty chassis, or any other thing she can find.
........so those type phony, fabricated reasons will hold water in court?..........
You'll frequently run into conflicts with other people's belief systems. She may be allowing one type of guest over another because her belief that a girl with a girlfriend is better than an unmarried couple. I couldn't rent a house with my girlfriend because the owner was a church. They felt is was better to rent to an unmarried woman with kids than an unmarried couple with more income.
.............didn't the church discriminate? My landlady has never allowed a non white to live in here, she has asked prospective tenants to show her their marriage certificate. If she just gets the slightest notion that a single person has an intimate friend no go. No families of more than 3, vaguely possible 4. She uses her moral and "r............" beliefs to justify her actions. There are 16 homes in here. Do you know the average number of residents per home due to her manipulation of the right to live here. Here are all 16 by number of residents: 1-1-1-2-1 (with an overnight visitor at times- the current issue) - 1-0-1-1-1-1-2-1-2-1-1 and the last one is the landlady herself. So you see the average is under 1.13 when the average family in this country has to be 2.5 or higher, I think. She discriminates until she gets type tenant she prefers. Sad.
Her exact words to me back in Feb. were, "I know I told you yesterday that you could host a foreign student for a semester but I changed my mind, I can not violate my own lease, I do not want to get sued."
Right there she is admitting that she thinks she can be sued for something. Can anyone tell me what it is?
8 months later she is ignoring an overnight guest and I have a couple willing to go to court and back me up on my evidence that the overnight visitor is staying overnight on occassions. But, she tried to bribe them into silence last night by taking them a big basket of fresh fruit, by the way, when I was not home and is telling people not to believe what I might tell them about the overnight issue. She claims God gives her all the instructions on what do to and how to live.
I can get married any time I want. I can have 10 visitors a day as long as they do not stay overnight. ?The woman is insane and a minister who used to sell mobile homes says it is time for her to hand it up, retire, she does not know what she is doing, tooooo much control over other people's lives. She controls who our visitors are and more importantly to me, "how long they can stay". I have friends, or used to, thanks to her, in other states and countries. They have been unable to visit me. They and I can not afford $200 a week for a hotel, if you can get one that cheap.
I hope you get some good advice from counsel.
...............I do too but I fear he will say what Legal Aid told me. The month to month lease is HER way out.
But, she has never used the phrase month to month as if she has forgotten it. She always uses the undesirable tenant phrase.
ASKER
I'll reply back next week after talking to the lawyer.
It is sad. The term landlord is only loosely related to the "lord" titles granted in ye olden times. But, many people will try to carve out a territory to rule over. Just like my house is my castle...she is claiming the right to do as she pleases.
The law only serves as guidelines and protection if called upon. The simple existence of a law means nothing without its careful application and consistent enforcement.
The consistent enforcement is your problem. The landlord has never been called to task. The repeat nature of her activity reinforces her "lordship" for lack of another word.
Best of luck with counsel.
The law only serves as guidelines and protection if called upon. The simple existence of a law means nothing without its careful application and consistent enforcement.
The consistent enforcement is your problem. The landlord has never been called to task. The repeat nature of her activity reinforces her "lordship" for lack of another word.
Best of luck with counsel.
ASKER
unfortunately, the whole thing may come down to this:
it is private property and the lease is month to month if you read it, either party can terminate with 30 day notice.
Therefore other illegal terms and conditions never get addressed.
I think her attorney wrote it. What kind of lawyer would include conditions against the law?
it is private property and the lease is month to month if you read it, either party can terminate with 30 day notice.
Therefore other illegal terms and conditions never get addressed.
I think her attorney wrote it. What kind of lawyer would include conditions against the law?
With the month-to-month, it becomes moot. Seems to me it is far easier to terminate the month-to-month, which requires 30-day notice.
The only other ways to evict are failure to pay rent and breach of lease. You don't fit into the first, and the second requires proof and evidence of the specific lease term that was broken. I.E. a written lease clause or picture of a posted sign, etc.
Also, I found that in S.C. the local constabulary are not obligated to request storage. You get 48 hours and they can drag your stuff to the curb for disposal.
http://www.spartanburgmagistrates.com/information/evictions.htm
The only other ways to evict are failure to pay rent and breach of lease. You don't fit into the first, and the second requires proof and evidence of the specific lease term that was broken. I.E. a written lease clause or picture of a posted sign, etc.
Also, I found that in S.C. the local constabulary are not obligated to request storage. You get 48 hours and they can drag your stuff to the curb for disposal.
http://www.spartanburgmagistrates.com/information/evictions.htm
ASKER
you are right on the curb side.
The ole lady could get people to say I speed thru here, the speed limit is 5 mph....can YOU go 5 mph with your foot off the brake?
she has tons of rules, no yard sales, she has come into our homes to inspect for leaking and dripping faucets, tells us not to take long showers or she'll raise the rent to cover the water bill which she pays, if you own your home when you leave you can not rent it to someone, you have to sell outright or on rent to own terms. Her logic here is that people who own their homes are less trouble. She is also saying to me when she says I can not rent out: you CAN rent to own to a drug dealer or rapist but you can NOT rent to a minister or police officer or school teacher. Totally backwards.
Only two cars per lot, 3 people have more than 2 including myself, two residents have very large flower and plant gardens, water fountain, palm tree, and she won't let me plant 1....spelled ONE, tomato plant. She says everyone else will want a garden. I can plant one in a pot only.
A recent evictee called her a female hitler. She has too much control over our personal lives and she claims to be a "C...........N" She is turning her back and closing her eyes and ears to the current issue. The devil himself has gotten his foot in this door. Her actions are non Christian like. You know what she should do. She should have approved my student hosting and said well, I'm glad you have a chance to do that, I'm sure it won't bother anyone, and if someone complained go get in their face and ask them. WHY do you care? What problem is it causing you? And walk off. She is so afraid of everyone wanting to do what everyone else is doing which is not true. Did everyone go out and buy a 2nd and 3rd car because 3 of us have 3 vehicles? Of course not.
If she can let one person do 'activity A" and not allow the next guy do "activity A" then her lease lets her have double standards. She is running her 64 year self around the park telling everyone that I am making a fuss about my neighbor having over night visitors and saying I'm making up the details because she refused me a visitor last Feb. I am making a fuss, but I will testify in court that the tenant in question is violating the overnight guest rule. Really the only rule that I object to. I could always go to my girl friend's house 4 nights a week or she come here and be gone by 2am. Easy around that rule. I have friends in far away places. She does seem to understand when I tell her there is a difference between:
1. boy friend or girl friend
and
2. visitor or guest.
she is somewhat motivated by money. Oh, I forgot there is a provision in the lease that allows for a overnight visitor if you pay 50 cents a night. I offered $50 a week for my student hosting plan. And I thought that was the very place in the lease that allowed my guest. When she told me "I can not violate my own lease I """""do not want to get sued""""" she spliled some beans. I need to find out what type suit she is afraid of.
I have personally seen passersby stop and take what they want from stuff that the magistrate's men just threw on the side of the road. I heard the judge is pro-landlord.
Isn't it true that a judge can make a ruling based his wrong interpretation of the law or his own opinion on whether they should be evicted or not and ignore the law? Railroad job?
I did not apply for the student hosting. I could have not been approved. I did not want the chance I got evicted during the student's stay and I'm really in a bind. I even asked my father who has a 3 bedroom home to himself if me and the student could stay there. He said no. There is no age limit for a host, so it is not a dead deal on that. I lack good references due to my living here for 7 years. I stay to myself and don't mingle with the neighbors. We speak to each other once in a while and that is it. Same for them. They have jobs, kids, and grandkids. I have none of that, so I am one of the very few (2-3) persons in here who would ever want to have a guest in their home. No copycats that she could not control. Have a rule but be Mrs. Nice Guy and bend it, such as ok, you know the rule, your friend can stay 3 weeks max and you got to pay their share of the water. Middle of the road, be nice but retain your power.
That is the only real favor I have asked of the landlady in 7 years living here.
And all the times she has asked us down here on the end to do spying for her. The rumor is that she knows the parents of the illegal guest and they are well known. That is not a reason to separate right from wrong. I do not care who her parents are from the Mayor on down. The landlady is trying to ignore one of her more sacred rules, no overnight visitors except blood kin. And trust me, 3 years ago blood kin was not good enough. She has slowly changed that on her own.
I told her I might adopt a child some day. She said, "I'll have to think about that" so as to say she might not let my child enter my home. I can see the front page human interest story now. Christian landlady evicts man for adopting a child. Would that be slander? I thought slander had to be false as well as defamating.
Getting depressed over the whole thing. See you late Monday afternoon with the lawyers ruling. I'm expecting the worst based on what Legal Aid told me, illegal provisions but 30 days and gone. So, I assume whatever he tells me, no need for a 2nd opinion. Legal Aid said they could not represent me and referred to lawyer referral service. Their only landlord-tenant lawyer was 75 miles away and said he does not handle such cases. Legal Aid can help you if you get evicted but I do not want to get eviction papers and rely on them to stop the eviction for a hearing etc. Either the landlady can be held liable for pain and suffering and loss of companionship, etc. or she can't. If she can have double standards and you can't beat it, I live with it or move out. $1000 a month and 1960 model trailer won't get me down the road too far, not to mention the 26 foot truck it would take to move my belongings but where would the truck go. I could dump it all in my father's front yard. He is 88 and can not walk without help, so he could not come out and run me off. Ha Ha.
Legal Aid also deals with alot of public housing. I'm living on private property.
The ole lady could get people to say I speed thru here, the speed limit is 5 mph....can YOU go 5 mph with your foot off the brake?
she has tons of rules, no yard sales, she has come into our homes to inspect for leaking and dripping faucets, tells us not to take long showers or she'll raise the rent to cover the water bill which she pays, if you own your home when you leave you can not rent it to someone, you have to sell outright or on rent to own terms. Her logic here is that people who own their homes are less trouble. She is also saying to me when she says I can not rent out: you CAN rent to own to a drug dealer or rapist but you can NOT rent to a minister or police officer or school teacher. Totally backwards.
Only two cars per lot, 3 people have more than 2 including myself, two residents have very large flower and plant gardens, water fountain, palm tree, and she won't let me plant 1....spelled ONE, tomato plant. She says everyone else will want a garden. I can plant one in a pot only.
A recent evictee called her a female hitler. She has too much control over our personal lives and she claims to be a "C...........N" She is turning her back and closing her eyes and ears to the current issue. The devil himself has gotten his foot in this door. Her actions are non Christian like. You know what she should do. She should have approved my student hosting and said well, I'm glad you have a chance to do that, I'm sure it won't bother anyone, and if someone complained go get in their face and ask them. WHY do you care? What problem is it causing you? And walk off. She is so afraid of everyone wanting to do what everyone else is doing which is not true. Did everyone go out and buy a 2nd and 3rd car because 3 of us have 3 vehicles? Of course not.
If she can let one person do 'activity A" and not allow the next guy do "activity A" then her lease lets her have double standards. She is running her 64 year self around the park telling everyone that I am making a fuss about my neighbor having over night visitors and saying I'm making up the details because she refused me a visitor last Feb. I am making a fuss, but I will testify in court that the tenant in question is violating the overnight guest rule. Really the only rule that I object to. I could always go to my girl friend's house 4 nights a week or she come here and be gone by 2am. Easy around that rule. I have friends in far away places. She does seem to understand when I tell her there is a difference between:
1. boy friend or girl friend
and
2. visitor or guest.
she is somewhat motivated by money. Oh, I forgot there is a provision in the lease that allows for a overnight visitor if you pay 50 cents a night. I offered $50 a week for my student hosting plan. And I thought that was the very place in the lease that allowed my guest. When she told me "I can not violate my own lease I """""do not want to get sued""""" she spliled some beans. I need to find out what type suit she is afraid of.
I have personally seen passersby stop and take what they want from stuff that the magistrate's men just threw on the side of the road. I heard the judge is pro-landlord.
Isn't it true that a judge can make a ruling based his wrong interpretation of the law or his own opinion on whether they should be evicted or not and ignore the law? Railroad job?
I did not apply for the student hosting. I could have not been approved. I did not want the chance I got evicted during the student's stay and I'm really in a bind. I even asked my father who has a 3 bedroom home to himself if me and the student could stay there. He said no. There is no age limit for a host, so it is not a dead deal on that. I lack good references due to my living here for 7 years. I stay to myself and don't mingle with the neighbors. We speak to each other once in a while and that is it. Same for them. They have jobs, kids, and grandkids. I have none of that, so I am one of the very few (2-3) persons in here who would ever want to have a guest in their home. No copycats that she could not control. Have a rule but be Mrs. Nice Guy and bend it, such as ok, you know the rule, your friend can stay 3 weeks max and you got to pay their share of the water. Middle of the road, be nice but retain your power.
That is the only real favor I have asked of the landlady in 7 years living here.
And all the times she has asked us down here on the end to do spying for her. The rumor is that she knows the parents of the illegal guest and they are well known. That is not a reason to separate right from wrong. I do not care who her parents are from the Mayor on down. The landlady is trying to ignore one of her more sacred rules, no overnight visitors except blood kin. And trust me, 3 years ago blood kin was not good enough. She has slowly changed that on her own.
I told her I might adopt a child some day. She said, "I'll have to think about that" so as to say she might not let my child enter my home. I can see the front page human interest story now. Christian landlady evicts man for adopting a child. Would that be slander? I thought slander had to be false as well as defamating.
Getting depressed over the whole thing. See you late Monday afternoon with the lawyers ruling. I'm expecting the worst based on what Legal Aid told me, illegal provisions but 30 days and gone. So, I assume whatever he tells me, no need for a 2nd opinion. Legal Aid said they could not represent me and referred to lawyer referral service. Their only landlord-tenant lawyer was 75 miles away and said he does not handle such cases. Legal Aid can help you if you get evicted but I do not want to get eviction papers and rely on them to stop the eviction for a hearing etc. Either the landlady can be held liable for pain and suffering and loss of companionship, etc. or she can't. If she can have double standards and you can't beat it, I live with it or move out. $1000 a month and 1960 model trailer won't get me down the road too far, not to mention the 26 foot truck it would take to move my belongings but where would the truck go. I could dump it all in my father's front yard. He is 88 and can not walk without help, so he could not come out and run me off. Ha Ha.
Legal Aid also deals with alot of public housing. I'm living on private property.
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ASKER
http://www.google.com:80/search?hl=en&q=eviction+as+an+undesirable+tenant&btnG=Google+Search&aq=f&oq
some good reading here though it is not SC law......in some cases tenant who has filed a complaint can not be evicted......
some good reading here though it is not SC law......in some cases tenant who has filed a complaint can not be evicted......
ASKER
mmmmmmmm:
Many landlords will put you on a month-to-month lease. That means that the term of the lease is for one month. It is automatically renewed unless either party notifies the other party in writing that he or she does not wish to renew the lease at least thirty days in advance. Neither you nor the landlord needs to give any reason for not renewing the lease. Its cancellation will stand up in court under contract law.
Under such a situation, if the tenant moves out before the end of that 30-day period, everything will be OK. There will be no need for the landlord to go to court to evict you. You will not get a UD. You will simply move on. From the landlords perspective - and from yours - that is a much better way to handle the situation than going to court.
If your are living in an unsatisfactory situation in rental property, the best strategy for you (in order of best to worst) is:
(1) Try to work things out with your landlord. This means listening to the landlord (or caretaker or resident manager) to see what is bothering him. There may have to be some give-and-take on both sides. But, remember, the lease agreement generally governs what should be done.
(2) Look for another place to live while you still legally occupy the premises. First, you will be under less pressure to find another place fast and will be less desperate to accept whatever is offered. Second, future landlords will be more impressed with you if you are not leaving under pressure. Third, if your present landlord really does want to get rid of you, he will be more willing to shade the truth to give you a good recommendation to other landlords if you are still in the apartment. (If the other landlord accepts you, you will be gone more quickly from his building.)
(3) Move promptly when time is up under your 30-day lease if the landlord has cancelled it. Again, you will avoid a possibly disastrous court experience and part on relatively good terms with your landlord (which is important for future recommendations).
(4) Go to court and take your chances on trying to remain in the apartment. But remember, even if you are successful, the landlord could later evict you (giving no reason at all) when the term of your lease is up. You wont be able to resist this any more than the landlord could resist letting you move from his apartment if you are determined to leave.
Many landlords will put you on a month-to-month lease. That means that the term of the lease is for one month. It is automatically renewed unless either party notifies the other party in writing that he or she does not wish to renew the lease at least thirty days in advance. Neither you nor the landlord needs to give any reason for not renewing the lease. Its cancellation will stand up in court under contract law.
Under such a situation, if the tenant moves out before the end of that 30-day period, everything will be OK. There will be no need for the landlord to go to court to evict you. You will not get a UD. You will simply move on. From the landlords perspective - and from yours - that is a much better way to handle the situation than going to court.
If your are living in an unsatisfactory situation in rental property, the best strategy for you (in order of best to worst) is:
(1) Try to work things out with your landlord. This means listening to the landlord (or caretaker or resident manager) to see what is bothering him. There may have to be some give-and-take on both sides. But, remember, the lease agreement generally governs what should be done.
(2) Look for another place to live while you still legally occupy the premises. First, you will be under less pressure to find another place fast and will be less desperate to accept whatever is offered. Second, future landlords will be more impressed with you if you are not leaving under pressure. Third, if your present landlord really does want to get rid of you, he will be more willing to shade the truth to give you a good recommendation to other landlords if you are still in the apartment. (If the other landlord accepts you, you will be gone more quickly from his building.)
(3) Move promptly when time is up under your 30-day lease if the landlord has cancelled it. Again, you will avoid a possibly disastrous court experience and part on relatively good terms with your landlord (which is important for future recommendations).
(4) Go to court and take your chances on trying to remain in the apartment. But remember, even if you are successful, the landlord could later evict you (giving no reason at all) when the term of your lease is up. You wont be able to resist this any more than the landlord could resist letting you move from his apartment if you are determined to leave.
ASKER
If you have a month-to-month tenancy, you pay rent once a month and your rental agreement continues until either you or your landlord ends it. To end a month-to-month tenancy, you or your landlord must give each other written notice. This notice can be given at any time, but it must allow for at least 30 days before the actual date of termination The notice must clearly state the date that the tenancy will end. In private rental housing (mobile home lot..?),
it is >>> not necessary for either party to give a reason for ending the tenancy<<<, ...ooops.....
although a landlord may not give such a notice for an illegal reason.
it is >>> not necessary for either party to give a reason for ending the tenancy<<<, ...ooops.....
although a landlord may not give such a notice for an illegal reason.
ASKER
arthurjb:
sorry, just got your comments.........
I know its tough, but if you want to keep your place, you may have to back off.
.....I said something in haste to the landlady on Monday. I told her I knew her lease was illegal. When I realized what I had said, I told her I've known it for 2 years. She asked why I have not sued her. I said I had no personal reason to do so. She might run to her lawyer who wrote the lease and see what his idea is on these "illegal" terms claimed by Legal Aid who deal with evictions and public housing all the time though I'm not public housing.
Very amazing and sad that the only gift she has ever given to the disabled couple in the 2 years they have lived here was the basket of fresh fruit, Monday afternoon after our little discussion and while I was not here. She told them not to believe what I say and was trying to bribe their silence about what they knew about the "guest". They know I'm telling the truth when I say the guest stayed over night Sept 17-18 and Oct. 4th. Now this couple stays up very late and get up around 4-5 am, so they are the perfect witnesses. They have seen the guest drive in and drive out, or not drive out at all until the next day. Her car needs a muffler. You can hear her enter and leave, so obvious to everyone when she stays overnight. She has to pass right in front on the landlady's living room and bedroom. I'm confident the landlady knows the truth. I really have issues with proclaimed Christians turning their back and closing their ears and eyes to the truth. This is the same landlady that ruined a deal I had. On a Friday at 5:30 pm I had a deal to buy one of these old trailers for $500 with one small a/c and stove left behind. This 20 year old couple were idiots. They just acted dumb. The girl ran to the landlady with every little detail. By 9am the next morning they had sold to my neighbor for the same $500 less the a/c and stove. I called the girl an idiot and she called me an old fool. The landlady told me to my face that she told the girl that I was cheating them and that it was the honest thing for her to do, tell them that. Honesty my butt. This landlady is sleeping on occasions with the devil. I called the girl an idiot because she did not come to me with her new offer and maybe I'd have given her 600 or 700.
The landlady said I was trying to take advantage of the 20 year olds. My butt. The girl was dumb enough to think I was the only person in the world who might want it and she knocked on my door with the offer, not the other way around. I told the landlady there is no cheating when a buyer and a seller agree on a price and really it was none of her business. She said it WAS, that all transactions in there are her business. Ever time I sell to someone she approves and she does approve everyone who lives here, 30 days later when they turn out to have lied their way in here or become rotten apples the landlady blames me. One resident after 2 years still blames me for selling to the disbled couple even though I knew they could not drive. The landlady approved them and knew the taxi was their only way around. This same lady told me, as long as I get what I want I do not care about anybody else. She is the one with a tropical garden and fountain and I'm forbidden to plant one tomato plant. The landlady says....oh bless her heart she is always wanting to help people.......she sometimes just goes around the neighborhood cutting people's grass. She has gotten herself on the landlady's Xmas list by being sooooo nice and helpful.
I've applied for a house thru Habitat for Humanity but my debt to income ratio will be my undoing. And even if approved you have to accept the neighborhood where they have lots and these are all in undesirable parts of town. I'm not prejudice but I would like some choice on where I live. Even with that, I'd not get a place thru them until around 2011.
The landlady is 64 and could easily be running the place 20 years from now. She is just so worried that everyone will want to do what she lets somebody else do. Not reality. I've reviewed all the tenants in here and all have children and grand kids who visit. I'm confident I'd be the only one who would want to host a foreign student. Never being a parent it would have given me 4 months of seeing what it was like. Now I can marry a woman with 3 kids and she could not do anything about that, they could move in the SAME day as marriage. I'd have to pay 4 more $13 water bills but she could decide to terminate my lease since tooooo much of her precious water was being used.
I'm hoping that clause I found is true in SC. If you have filed a complaint against the landlord you can not be evicted, it would be revenge. My complaint would be based on illegal conditions, if true.
With her telling me that she was fearful of a lawsuit and I told her I knew her lease was illegal, she is backing off too, I think. Or she is discussing things with family and lawyer and will post a notice on my door soon.
sorry, just got your comments.........
I know its tough, but if you want to keep your place, you may have to back off.
.....I said something in haste to the landlady on Monday. I told her I knew her lease was illegal. When I realized what I had said, I told her I've known it for 2 years. She asked why I have not sued her. I said I had no personal reason to do so. She might run to her lawyer who wrote the lease and see what his idea is on these "illegal" terms claimed by Legal Aid who deal with evictions and public housing all the time though I'm not public housing.
Very amazing and sad that the only gift she has ever given to the disabled couple in the 2 years they have lived here was the basket of fresh fruit, Monday afternoon after our little discussion and while I was not here. She told them not to believe what I say and was trying to bribe their silence about what they knew about the "guest". They know I'm telling the truth when I say the guest stayed over night Sept 17-18 and Oct. 4th. Now this couple stays up very late and get up around 4-5 am, so they are the perfect witnesses. They have seen the guest drive in and drive out, or not drive out at all until the next day. Her car needs a muffler. You can hear her enter and leave, so obvious to everyone when she stays overnight. She has to pass right in front on the landlady's living room and bedroom. I'm confident the landlady knows the truth. I really have issues with proclaimed Christians turning their back and closing their ears and eyes to the truth. This is the same landlady that ruined a deal I had. On a Friday at 5:30 pm I had a deal to buy one of these old trailers for $500 with one small a/c and stove left behind. This 20 year old couple were idiots. They just acted dumb. The girl ran to the landlady with every little detail. By 9am the next morning they had sold to my neighbor for the same $500 less the a/c and stove. I called the girl an idiot and she called me an old fool. The landlady told me to my face that she told the girl that I was cheating them and that it was the honest thing for her to do, tell them that. Honesty my butt. This landlady is sleeping on occasions with the devil. I called the girl an idiot because she did not come to me with her new offer and maybe I'd have given her 600 or 700.
The landlady said I was trying to take advantage of the 20 year olds. My butt. The girl was dumb enough to think I was the only person in the world who might want it and she knocked on my door with the offer, not the other way around. I told the landlady there is no cheating when a buyer and a seller agree on a price and really it was none of her business. She said it WAS, that all transactions in there are her business. Ever time I sell to someone she approves and she does approve everyone who lives here, 30 days later when they turn out to have lied their way in here or become rotten apples the landlady blames me. One resident after 2 years still blames me for selling to the disbled couple even though I knew they could not drive. The landlady approved them and knew the taxi was their only way around. This same lady told me, as long as I get what I want I do not care about anybody else. She is the one with a tropical garden and fountain and I'm forbidden to plant one tomato plant. The landlady says....oh bless her heart she is always wanting to help people.......she sometimes just goes around the neighborhood cutting people's grass. She has gotten herself on the landlady's Xmas list by being sooooo nice and helpful.
I've applied for a house thru Habitat for Humanity but my debt to income ratio will be my undoing. And even if approved you have to accept the neighborhood where they have lots and these are all in undesirable parts of town. I'm not prejudice but I would like some choice on where I live. Even with that, I'd not get a place thru them until around 2011.
The landlady is 64 and could easily be running the place 20 years from now. She is just so worried that everyone will want to do what she lets somebody else do. Not reality. I've reviewed all the tenants in here and all have children and grand kids who visit. I'm confident I'd be the only one who would want to host a foreign student. Never being a parent it would have given me 4 months of seeing what it was like. Now I can marry a woman with 3 kids and she could not do anything about that, they could move in the SAME day as marriage. I'd have to pay 4 more $13 water bills but she could decide to terminate my lease since tooooo much of her precious water was being used.
I'm hoping that clause I found is true in SC. If you have filed a complaint against the landlord you can not be evicted, it would be revenge. My complaint would be based on illegal conditions, if true.
With her telling me that she was fearful of a lawsuit and I told her I knew her lease was illegal, she is backing off too, I think. Or she is discussing things with family and lawyer and will post a notice on my door soon.
ASKER
if her lease has illegal terms and the month to month thing relieves her of her liability it will be a sad day for justice.
I'm paying this lawyer $75 for, I assume, 30 minutes. He may know the answer after 5 minutes but maybe he'll offer an ear of sympathy so I can get my money's worth out of the other 25 minutes.
I've offered to buy the lot next to the landlady which is not part of her land. I was interested in the house that was there but it caught fire 5 days after my realtor tried to send the owner a letter. So, the landlady knows I'm quiet etc. and would be her perfect neighbor. She wants to buy it too. WHY? She said, so she can leave it vacant. Well, I have news for her, the owner used to live there years ago and got pure hell from my landlady for 10 years and she will never buy that lot, they have already taken her name off the waiting list. I said I may be number 99 on the waiting list but please let "you know who' be #100 on the list. The church has gone to her head, forces her beliefs on others too far inside our front doors in my opinion. I take loooong showers whenever I want, I got a bad neck. Let her evict me for that wasting of her water. Her death would end it or my death would end it, or she would sell out and retire, or I'll stay here, or move or my lawyer begins to drool at the mouth about the "damages" she might be liable for.
She got sued once before for 1 million but they only got $8000. SHE approved me and two other guys to trim trees with a 28 foot ladder. Things were fine Sat. with two of us, the two "think before we cut people". Then Sunday after 2 hours I needed to take a break and call someone in Indonesia. Well, while I'm gone the lazy one asked his disabled wife to come help hold the ladder. He had the rope and the brain of the 3 some was on the ladder. A limb hit the ground bounced up and almost killed the woman. The landlady still blames me for that. She claims she did not approve the trimming. Duh, she re-imbursed me for the ladder rental and I gave her a copy. No single person could have handled that 28 foot ladder. The woman is insane. She needs to stop worrying about all the little picky rules. I've suggested she pay someone to be the resident manager and take care of the "issues"
That woman died within a couple years of leukemia. The head injury was not fatal. Her husband got $8000 and no court hearing.
I'm paying this lawyer $75 for, I assume, 30 minutes. He may know the answer after 5 minutes but maybe he'll offer an ear of sympathy so I can get my money's worth out of the other 25 minutes.
I've offered to buy the lot next to the landlady which is not part of her land. I was interested in the house that was there but it caught fire 5 days after my realtor tried to send the owner a letter. So, the landlady knows I'm quiet etc. and would be her perfect neighbor. She wants to buy it too. WHY? She said, so she can leave it vacant. Well, I have news for her, the owner used to live there years ago and got pure hell from my landlady for 10 years and she will never buy that lot, they have already taken her name off the waiting list. I said I may be number 99 on the waiting list but please let "you know who' be #100 on the list. The church has gone to her head, forces her beliefs on others too far inside our front doors in my opinion. I take loooong showers whenever I want, I got a bad neck. Let her evict me for that wasting of her water. Her death would end it or my death would end it, or she would sell out and retire, or I'll stay here, or move or my lawyer begins to drool at the mouth about the "damages" she might be liable for.
She got sued once before for 1 million but they only got $8000. SHE approved me and two other guys to trim trees with a 28 foot ladder. Things were fine Sat. with two of us, the two "think before we cut people". Then Sunday after 2 hours I needed to take a break and call someone in Indonesia. Well, while I'm gone the lazy one asked his disabled wife to come help hold the ladder. He had the rope and the brain of the 3 some was on the ladder. A limb hit the ground bounced up and almost killed the woman. The landlady still blames me for that. She claims she did not approve the trimming. Duh, she re-imbursed me for the ladder rental and I gave her a copy. No single person could have handled that 28 foot ladder. The woman is insane. She needs to stop worrying about all the little picky rules. I've suggested she pay someone to be the resident manager and take care of the "issues"
That woman died within a couple years of leukemia. The head injury was not fatal. Her husband got $8000 and no court hearing.
With the month-to-month, you're always subject to termination and eventual eviction. No reason necessary at the end of the lease term. Just one term length's notice.
Ride out the soap opera until you find better digs. Hopefully the lot next door.
Then you can plant your tomatoes and a couple of 500-pound pumpkins to celebrate your space.
Ride out the soap opera until you find better digs. Hopefully the lot next door.
Then you can plant your tomatoes and a couple of 500-pound pumpkins to celebrate your space.
ASKER
last 7 years she has never threatened to "terminate month to month'. It has always been "I'll evict you as an undesirable tenant". I'm going to get this lawyer to make a list of what conditions or violations makes someone undesirable and who makes the decision, the landlord or the judge.
I doubt she could get enough other tenants to get together and testify against me.
From what I've seen the "guest" has stopped the last few days, here every day or night but always goes home. That is the 1 rule she has that stinks.
If I had kids and grandkids visiting once a week or more often, it would not be that big a deal.
If I get another place, I'll have the option of selling my place for $2000 or whatever I can get and let the landlord make $150 + every month, or pay the city $250 to tear my place down and leave her with an empty lot that she has to fill within a certain number of months or it can never be used again for a mobile home. But, I doubt she'd miss the extra lot rent.
I might get extremely lucky and be able to find a lot and pull mine out of here. Leaving her with an empty lot.
Part of my application with Habitat was verification of rent. The woman had the nerve to call me and ask me what my plans were for my trailer if Habitat approved me, before she would sent the form back to Habitat. I said, I'd sell it or rent to own. I KNOW your selling rules. BUT, One guy left town and left his trailer behind. It sat there for close to 3 years. She was legally helpless for some reason. She could not move it except at her expense and she had to pay to store it. I drove 150 miles and bought it for $200 and had to give the landlady a $150 fee. I then sold it for $1950 as a rent to own.
I'm an seriously considering selling mine, if the time comes, to anyone I wish. I might be screwing them if she refuses to let them in the park, they'd be stuck with a trailer but no lot. I'd love to drop a GOOD OLE BAD APPLE tenant on her.
I doubt she could get enough other tenants to get together and testify against me.
From what I've seen the "guest" has stopped the last few days, here every day or night but always goes home. That is the 1 rule she has that stinks.
If I had kids and grandkids visiting once a week or more often, it would not be that big a deal.
If I get another place, I'll have the option of selling my place for $2000 or whatever I can get and let the landlord make $150 + every month, or pay the city $250 to tear my place down and leave her with an empty lot that she has to fill within a certain number of months or it can never be used again for a mobile home. But, I doubt she'd miss the extra lot rent.
I might get extremely lucky and be able to find a lot and pull mine out of here. Leaving her with an empty lot.
Part of my application with Habitat was verification of rent. The woman had the nerve to call me and ask me what my plans were for my trailer if Habitat approved me, before she would sent the form back to Habitat. I said, I'd sell it or rent to own. I KNOW your selling rules. BUT, One guy left town and left his trailer behind. It sat there for close to 3 years. She was legally helpless for some reason. She could not move it except at her expense and she had to pay to store it. I drove 150 miles and bought it for $200 and had to give the landlady a $150 fee. I then sold it for $1950 as a rent to own.
I'm an seriously considering selling mine, if the time comes, to anyone I wish. I might be screwing them if she refuses to let them in the park, they'd be stuck with a trailer but no lot. I'd love to drop a GOOD OLE BAD APPLE tenant on her.
ASKER
tenant-landlord lawyer has spoken. He seemed not to be a pro in that field. Any way, he says the landlady can let everyone in here violate the lease, any term of it, and deny the same to me. That seems unfair and unreasonable.
He said when a lease has to be fair and reasonable, it means it has to "read" that way. If the landlord does not want to enforce it fairly, well that is another story.
He agrees with legal aid services that overnight visitors of any kind, even boy or girl friend types is a constitutional issue. He recommended someone "highly" but when I got there she said she does handle these type cases and has litigation going out many months. She basically refused to give me an appointment before she knew the issues due to her work load.
She referred me to someone else.
The plan is to find a lawyer willing to write my landlady a letter informing her that parts of her lease are against the law and maybe she revises her lease or takes it to her lawyer for review. I assumed she had her lawyer write the lease in it's formal format, but the lawyer said maybe not so, she might have gotten a do it yourself kit and her lawyer does not know the illegal terms. Even if he did, there is no law against having illegal terms you just got to be prepared for someone to complain.
My choices are just hang out and wait until I want an overnight visitor and just do it. Wait to be caught and wait for a warning. On a lease violation you have to have some time to "correct" the behavior.
Maybe a letter to her by me with the comments from Legal Aid ends it.
Maybe she and I come to some agreement that my visitors will be allowed since she is letting others have guests and the matter can be confidential between me and her. If she wants to go to court then I would need to file a complaint first and this way she can not evict me or it is revenge.
If I decide to let a lawyer help me fight the constitutionality then I'll have plans ready for how I'd move out if the worse happened, lose the case and she evicts, or have my own guest, get caught, and she evicts or I win and she gets mad and evicts. All evictions will have to have a "sound" reason.
Another thing he said was to maybe go ahead and have a guest, if caught, then she evicts for brealing the lease. Instead of leaving a like a whipped dog, THEN take the eviction to court and surprise her with the eviction is invalid due to the reason being un-constitutional.
He said when a lease has to be fair and reasonable, it means it has to "read" that way. If the landlord does not want to enforce it fairly, well that is another story.
He agrees with legal aid services that overnight visitors of any kind, even boy or girl friend types is a constitutional issue. He recommended someone "highly" but when I got there she said she does handle these type cases and has litigation going out many months. She basically refused to give me an appointment before she knew the issues due to her work load.
She referred me to someone else.
The plan is to find a lawyer willing to write my landlady a letter informing her that parts of her lease are against the law and maybe she revises her lease or takes it to her lawyer for review. I assumed she had her lawyer write the lease in it's formal format, but the lawyer said maybe not so, she might have gotten a do it yourself kit and her lawyer does not know the illegal terms. Even if he did, there is no law against having illegal terms you just got to be prepared for someone to complain.
My choices are just hang out and wait until I want an overnight visitor and just do it. Wait to be caught and wait for a warning. On a lease violation you have to have some time to "correct" the behavior.
Maybe a letter to her by me with the comments from Legal Aid ends it.
Maybe she and I come to some agreement that my visitors will be allowed since she is letting others have guests and the matter can be confidential between me and her. If she wants to go to court then I would need to file a complaint first and this way she can not evict me or it is revenge.
If I decide to let a lawyer help me fight the constitutionality then I'll have plans ready for how I'd move out if the worse happened, lose the case and she evicts, or have my own guest, get caught, and she evicts or I win and she gets mad and evicts. All evictions will have to have a "sound" reason.
Another thing he said was to maybe go ahead and have a guest, if caught, then she evicts for brealing the lease. Instead of leaving a like a whipped dog, THEN take the eviction to court and surprise her with the eviction is invalid due to the reason being un-constitutional.
thanks for the assist...
final thoughts
1. if going for paragraph 5 be prepared for possible eviction (without nowing how evil this woman is I can't say) she may not use the undesirable tennant she just may not wish to renew the rolling monthly tennancy agreement.... this is perfectly legal in the UK!!! ... I don't know how it sits in the US???
2. sometimes it is easier to get forgivness than it is to get permission (in otherwords just do it... but prepared for item 1).
3. it sounds like you are heavly tied to your current living arangements sometimes you have to choose your battles... and with winning one battle you may loose the war.
4. don't let the b*st*rds grind you down.
5. good luck!
final thoughts
1. if going for paragraph 5 be prepared for possible eviction (without nowing how evil this woman is I can't say) she may not use the undesirable tennant she just may not wish to renew the rolling monthly tennancy agreement.... this is perfectly legal in the UK!!! ... I don't know how it sits in the US???
2. sometimes it is easier to get forgivness than it is to get permission (in otherwords just do it... but prepared for item 1).
3. it sounds like you are heavly tied to your current living arangements sometimes you have to choose your battles... and with winning one battle you may loose the war.
4. don't let the b*st*rds grind you down.
5. good luck!
ASKER
I'm speaking to a landlord-tenant lawyer on Monday. It may be that the month to month lease we have allows her illegal rules to never be challenged in court. All the others who live in here are too "afraid" to get involved. They see what is going on just like we all do. They like where they live and as long as they have what they want they care less about anyone else.