Can I be evicted ?
I moved into a income restricted building and they took my first month and security deposit I spend the last 23 days moving in and now they want me to be out in 3 days because I make too much money . I don’t have anywhere to go I have up my last apartment to move into here
- babyboomer1001Lv 711 months ago
Financially, you don't qualify. You are going to have to move. If you don't move, you will be evicted and then nobody will rent to you and there will be a judgment against you too. Lesson learned - don't apply to an income restricted apartment if you make more than the maximum allowed to live there. They will refund you rent and security deposit due. Put your belongings in storage and move into a motel for a month while you look for another place to live.Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
- DustbindivaLv 711 months ago
You must have committed fraud or at least lied to get into the building. Now you are being punished for that. You have to put your furniture into storage and rent a furnished room.
- Casey YLv 711 months ago
Tough one...do you have a signed lease? By both parties? If so, its their fault they didn't handle this prior to signing the lease. You get to live there until it expires...
If there were income contingencies in the lease though...you might be out. Read your lease thoroughly.
The stuff with your other apartment and ability to move are irrelevant...sorry.
- SlumlordLv 711 months ago
When you signed the lease you knew you made to much money. I get that you were having trouble finding a place so you signed but you should've realized this might happen. Anyhow, this is fully within their rights to do, you need to find a new place and quickly.
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- curtisports2Lv 711 months ago
If you are not in compliance with the income restriction, yes, you can be evicted.
But you are not being evicted. You have been given notice to 'cure', or fix, the violation in 3 days - which you can't really fix - or vacate. So, legally, you must vacate.
If you don't (and in your case, you can't), you start looking for a new place to be in by the beginning of the following month if possible. Then you answer the eviction action in court. If you can show that you gave the correct information and that it was the management that made a mistake and allowed you to move in, you may be able to get extra time from the judge to find new housing. This would give you, probably, several months. If the judge believes you gave false information, they are going to grant the eviction. But this takes time, a minimum of three weeks to get to court, so if you can show the judge that you have a new place at the end of the month, they will probably give you to the end of the month. You still have to pay the rent for that month.
- Anonymous11 months ago
The one hope you might have is this: did you provide them with accurate information concerning your income and was the mistake made by their office? If so, you can at least request a stay of eviction in court. This may be as much as 6 months extra time to make arrangements to move.
You should do everything possible to avoid an actual eviction, even at large financial loss, as this will be on your credit for 7 years and a matter of permanent public record. This will cost your dearly.
If you used deliberate deception in the application process, you reap what you sow.
- 11 months ago
if thats the lease terms yes
- sunshine_melLv 711 months ago
If the terms of your lease include a maximum income, and you now earn more than that - yes, you've broken the lease and can be evicted.
- Anonymous11 months ago
Your landlord can seek an eviction but you have the right to go down to the courthouse and file a response against it and demand a hearing don't forget to do the certificate of service to your landlord certified letter and prove to the court that you delivered a certified letter that you demand a hearing contesting the eviction!
- 11 months ago
If you do not qualify, you do not qualify, period.