So My Landlord served notice

skier_5 · #1 10-02-2006, 11:35 PM

I'm not much of an OOT poster, but I'm looking for some advice. I'm 19 and in my first year of university and I'm getting kicked out of my apartment like a month and a half in. Why, because I had like 10 friends over and we were drinking and I guess pretty loud. It just so happened that the landlord was fixing something at the time.

Anyways, so i called her the other day about where to put this month's rent money and she told me that she was not happy with my tenancy and that she would like me to move out for november and blah blah blah. So I said that I would think about it and call her back. Anyways she also mentioned calling my parents (wtf?, had them as references, etc).

So today she calls my parents and tells them (first!!?) that she is serving notice to me that I have to be out by Oct 31. Ok, whatever. Then as soon as I am done talking to my parents I go walk past my door and there is an envelope with a written notice in it saying that I have to be out by the 17th AND it's dated for yesterday? wtf?

So I'm really pissed off about this and this is going to be a huge hassle. Couple things.

I live in alberta , canada. I paid this month's rent already, will I get some sort of refund? How do i fight the fact that I should have 1-2 more days to vacate than is stated? Can she evict me for one noise violation?

She wants me out early because she will have trouble renting the apartment the closer to winter it is from what I've been told.

I've also read on some websites that I can right a rebuttal and then that will give me more time, but anyways..

OOT, what are my rights, what can I do, and most importantly, how can I [censored] this bitch over?

tshort · #2 10-02-2006, 11:39 PM

[ QUOTE ]
I'm not much of an OOT poster, but I'm looking for some advice. I'm 19 and in my first year of university and I'm getting kicked out of my apartment like a month and a half in. Why, because I had like 10 friends over and we were drinking and I guess pretty loud. It just so happened that the landlord was fixing something at the time.

Anyways, so i called her the other day about where to put this month's rent money and she told me that she was not happy with my tenancy and that she would like me to move out for november and blah blah blah. So I said that I would think about it and call her back. Anyways she also mentioned calling my parents (wtf?, had them as references, etc).

So today she calls my parents and tells them (first!!?) that she is serving notice to me that I have to be out by Oct 31. Ok, whatever. Then as soon as I am done talking to my parents I go walk past my door and there is an envelope with a written notice in it saying that I have to be out by the 17th AND it's dated for yesterday? wtf?

So I'm really pissed off about this and this is going to be a huge hassle. Couple things.

I live in alberta , canada. I paid this month's rent already, will I get some sort of refund? How do i fight the fact that I should have 1-2 more days to vacate than is stated? Can she evict me for one noise violation?

She wants me out early because she will have trouble renting the apartment the closer to winter it is from what I've been told.

I've also read on some websites that I can right a rebuttal and then that will give me more time, but anyways..

OOT, what are my rights, what can I do, and most importantly, how can I [censored] this bitch over?

[/ QUOTE ]

If your parent's are not a party to the lease agreement, I would assume it is illegal for your landlord to contact them regarding your agreement.

In Kansas, we have a Landlord Tenant Act. Look for something similar in your area.

skier_5 · #3 10-02-2006, 11:41 PM

[ QUOTE ]
[ QUOTE ]
I'm not much of an OOT poster, but I'm looking for some advice. I'm 19 and in my first year of university and I'm getting kicked out of my apartment like a month and a half in. Why, because I had like 10 friends over and we were drinking and I guess pretty loud. It just so happened that the landlord was fixing something at the time.

Anyways, so i called her the other day about where to put this month's rent money and she told me that she was not happy with my tenancy and that she would like me to move out for november and blah blah blah. So I said that I would think about it and call her back. Anyways she also mentioned calling my parents (wtf?, had them as references, etc).

So today she calls my parents and tells them (first!!?) that she is serving notice to me that I have to be out by Oct 31. Ok, whatever. Then as soon as I am done talking to my parents I go walk past my door and there is an envelope with a written notice in it saying that I have to be out by the 17th AND it's dated for yesterday? wtf?

So I'm really pissed off about this and this is going to be a huge hassle. Couple things.

I live in alberta , canada. I paid this month's rent already, will I get some sort of refund? How do i fight the fact that I should have 1-2 more days to vacate than is stated? Can she evict me for one noise violation?

She wants me out early because she will have trouble renting the apartment the closer to winter it is from what I've been told.

I've also read on some websites that I can right a rebuttal and then that will give me more time, but anyways..

OOT, what are my rights, what can I do, and most importantly, how can I [censored] this bitch over?

[/ QUOTE ]

If your parent's are not a party to the lease agreement, I would assume it is illegal for your landlord to contact them regarding your agreement.

In Kansas, we have a Landlord Tenant Act. Look for something similar in your area.

[/ QUOTE ]

they were not part of the lease.

Hey_Porter · #4 10-02-2006, 11:57 PM

[ QUOTE ]
[ QUOTE ]
I'm not much of an OOT poster, but I'm looking for some advice. I'm 19 and in my first year of university and I'm getting kicked out of my apartment like a month and a half in. Why, because I had like 10 friends over and we were drinking and I guess pretty loud. It just so happened that the landlord was fixing something at the time.

Anyways, so i called her the other day about where to put this month's rent money and she told me that she was not happy with my tenancy and that she would like me to move out for november and blah blah blah. So I said that I would think about it and call her back. Anyways she also mentioned calling my parents (wtf?, had them as references, etc).

So today she calls my parents and tells them (first!!?) that she is serving notice to me that I have to be out by Oct 31. Ok, whatever. Then as soon as I am done talking to my parents I go walk past my door and there is an envelope with a written notice in it saying that I have to be out by the 17th AND it's dated for yesterday? wtf?

So I'm really pissed off about this and this is going to be a huge hassle. Couple things.

I live in alberta , canada. I paid this month's rent already, will I get some sort of refund? How do i fight the fact that I should have 1-2 more days to vacate than is stated? Can she evict me for one noise violation?

She wants me out early because she will have trouble renting the apartment the closer to winter it is from what I've been told.

I've also read on some websites that I can right a rebuttal and then that will give me more time, but anyways..

OOT, what are my rights, what can I do, and most importantly, how can I [censored] this bitch over?

[/ QUOTE ]

If your parent's are not a party to the lease agreement, I would assume it is illegal for your landlord to contact them regarding your agreement.

In Kansas, we have a Landlord Tenant Act. Look for something similar in your area.

[/ QUOTE ]

Your assumption is incorrect, it's not like it's a super-secret sealed agreement. However, you should definitely look into your rights. I have no doubt that, yes, your landlord can evict you for this, however, you're probably golden asserting your rights re: the eviction timeline and getting your money back. Does Alberta have any type of law school? At least in the states, most law schools have some form of clinic that deals with a lot of land lord tenant stuff, usually for dirt cheap if not free.

Patrick del Poker Grande · #5 10-02-2006, 11:39 PM

I'd imagine there's someone at your university that can help you with this better than we can. When I was in school, there was some school official whose job it was to make sure students knew their rights with regards to renting apartments and who you could go talk to and get advice. I suggest you find that person at your school.

baumer · #6 10-02-2006, 11:59 PM

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I'd imagine there's someone at your university that can help you with this better than we can. When I was in school, there was some school official whose job it was to make sure students knew their rights with regards to renting apartments and who you could go talk to and get advice. I suggest you find that person at your school.

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This is the only reply that matters. Follow this advice and you will know exactly where you stand.

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If people would just mention things like this sooner, I could save myself a whole bunch of reading.

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By-Tor, if you wouldn't quote entire posts to bold half a sentence, I wouldn't have to scroll through so many posts to read the ones that mean anything. Thanks for your input though, everything besides the quote was stellar. *cough*

RR · #7 10-02-2006, 11:43 PM

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Then as soon as I am done talking to my parents I go walk past my door and there is an envelope with a written notice in it saying that I have to be out by the 17th AND it's dated for yesterday? wtf?

[/ QUOTE ]

I don't know about the out by the 17th but the dated yesterday might be the key to it. I have no idea about Canada, in some US states if you want to terminate a month to month lease the notice takes effect the next time rent is due; meaning if it was given Oct 2 with woudl be treated as given Nov 1.

skier_5 · #8 10-02-2006, 11:45 PM

[ QUOTE ]
[ QUOTE ]
Then as soon as I am done talking to my parents I go walk past my door and there is an envelope with a written notice in it saying that I have to be out by the 17th AND it's dated for yesterday? wtf?

[/ QUOTE ]

I don't know about the out by the 17th but the dated yesterday might be the key to it. I have no idea about Canada, in some US states if you want to terminate a month to month lease the notice takes effect the next time rent is due; meaning if it was given Oct 2 with woudl be treated as given Nov 1.

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it's a yearly lease and the rent is due on the last day of the month prior.

By-Tor · #9 10-02-2006, 11:46 PM

[ QUOTE ]
I'm not much of an OOT poster, but I'm looking for some advice. I'm 19 and in my first year of university and I'm getting kicked out of my apartment like a month and a half in. Why, because I had like 10 friends over and we were drinking and I guess pretty loud. It just so happened that the landlord was fixing something at the time.

Anyways, so i called her the other day about where to put this month's rent money and she told me that she was not happy with my tenancy and that she would like me to move out for november and blah blah blah. So I said that I would think about it and call her back. Anyways she also mentioned calling my parents (wtf?, had them as references, etc).

So today she calls my parents and tells them (first!!?) that she is serving notice to me that I have to be out by Oct 31. Ok, whatever. Then as soon as I am done talking to my parents I go walk past my door and there is an envelope with a written notice in it saying that I have to be out by the 17th AND it's dated for yesterday? wtf?

So I'm really pissed off about this and this is going to be a huge hassle. Couple things.

I live in alberta , canada. I paid this month's rent already, will I get some sort of refund? How do i fight the fact that I should have 1-2 more days to vacate than is stated? Can she evict me for one noise violation?

She wants me out early because she will have trouble renting the apartment the closer to winter it is from what I've been told.

I've also read on some websites that I can right a rebuttal and then that will give me more time, but anyways..

OOT, what are my rights, what can I do, and most importantly, how can I [censored] this bitch over?

[/ QUOTE ]

If people would just mention things like this sooner, I could save myself a whole bunch of reading.

edfurlong · #10 10-02-2006, 11:53 PM

I have no real clue, but my thoughts are that there is no way she can give you less than a month to move, I'd be suprised if she can break your lease over one noise complaint. Someone on campus should be able to explain your options here, its sounds like your getting screwed big time here.