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Old 10-08-2007, 07:47 AM
dsmres
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Default Amount of time for eviction

My son called me last evening to tell me he and his roommate had been evicted and had two days to remove their belongings. Apparently they'd had two warnings for noise and Saturday night, the onsite person who represents the landlord went to their apartment to give them the third warning and tell them they had to move. Neither my son nor his roommate were present. The roommate's girlfriend was there asleep when this person knocked on the door and indicated the "eviction". Yesterday my son and his roommate went to talk to the "landlord rep" to find out what happened and she told them they received their last warning and had two days to get out. She told them if they went ahead and paid the current month's rent then the eviction wouldn't show on their "record" because she woudl have time to get another renter in by the end of the month. There is a signed lease but I haven't seen it. My son's roommate's mother read it and I'm sure if it was anything more than a typical lease, she would have pursuaded the boys to live somewhere else. The landlord rep is young - 19 - 20 year old student at Drake University and my guess is she performs trivial onsite rental biz in exchange for discounted rent -- meaning I'm not sure if she is informed on tenant/landlord laws.

I realize regardless if they were there or not, they are responsible for the actions of others and don't have an issue with that -- I am having trouble believing this person can evict the boys in the manner she chose. Two days won't allow the boys to find a new home much less rearrange schedules to get moved. I also don't understand the whole "if you go ahead and pay your rent" comment...

Not sure what to tell the boys. My thoughts are if they pay the rent then they have the right to maintain posession of the apartment until the last day of the month. I also thought eviction required a court order or something similar.

In addition, my son was using a few of my household items until he could purchase his own. I am worried if they aren't out by tomorrow, the landlord rep will try to keep them.

Any help would be much appreciated. Thank you!
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Old 10-08-2007, 07:26 PM
moderator moderator is offline
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I can understand your frustration. Yes, in most states you do need a court order to evict. Some states do allow for a 3 day eviction, but that is for non payment of rent, not some noise violation. You can check out your state's laws by going to the state website and looking for landlord tenant statutes. Most universities have a on campus housing office that can help with off campus housing issues. That may be a good place for your son to go.
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