My bfs mom owns 2 properties, one we are living in and one she is renting out. his mother lives in another state and left us in charge. Well the renter has lived in the apartment for 5 mos and hasn't paid but one month the entire time. We finally wrote her an eviction notice and she refuses to leave and has now changed the locks and we have no key. I haven't went to court yet but plan to in the next day. I was kinda curious of what our rights are. And if they can really change the locks? Also they never signed a lease and we have a lease with my brothers name because he was staying there first and then moved the other person in that won't leave. But the eviction notice was in her name and for my brother. I'd appreciate any advice :)
WearyLandlord
12/19/09 11:13 AM
I could be wrong about this, but I think your boyfriend's mother may have to be in court as the home owner OR maybe she could name you formally as the property manager.
You may sue for the lost rent and for possession of the home when the Notice to Quit expires. For example, if you stated on the eviction notice: "pay within 10 days or face eviction," you must wait those ten days first. Then, you take a copy of the eviction notice to your local magistrate and sue for all the rent and possession of the home. If she owes water or other utilities, this is the time to add those on. The court date will be set within the next two weeks.
If you would like to get into the home before then, post a 24-hour notice to enter the premises. Come back in 24 hours and if she doesn't let you, file a police report. Take the police report with you to the magistrate.
Hope this helps!!! Keeps us updated:)
Auburnrose
2/8/10 11:11 AM
In regards to your boyfriend's mom having to be in court, it depends on the state and the court. In MD, you can have an "agent" represent you in rent court. An agent does not have to be a lawyer. My wife and I have run a rent court agency in MD for almost 6 years now.
landlordwiz
2/8/10 1:54 PM
In what state are the rental properties located?
Welcome
All visitors are allowed to search and read postings. However, if you want to participate and post your own questions or comments, you must register. Don't worry, registration is absolutely free - sign up here!
