Got evicted because of brewing

Yakima 728
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That's a raw deal with the eviction, but you're moving onto better things. At the very least, I'd find a way to determine if the eviction were lawful or not. File a complaint with your state's attorney general. Whatever you choose to do, don't trash the place, don't leave feces anywhere, and don't threaten the landlord in any way. The guy could be a total piece of ****, but you don't need the trouble.

Great brew space for sure! Good luck with the bid.
 
If you can't be out in time, don't stress. The landlord cannot evict you. He can only sew you for eviction. That takes time (at least 30-days in CA).

I was a property manager for a large property management company in Los Angeles from 1999- 2014. For the last 6 years I was giving property management seminars all over Los Angeles. The laws are somewhat different from City to City and State to State. However, you do have federal law on your side. There is NO WAY that they can come in and remove your property without encountering a Civil Rights law suite. It doesn't even mater if you never paid a dimes rent. If you have keys to the place and receive mail there...... you are a tenant (even if you are there illegally). The onus is on the landlord to prove in a court of law that you do not belong there. Even then, only a Marshal (in CA) or other court official can lock you out of the apt. then you have a certain period of time (2 weeks in Los Angeles) to come back in and remove your property.

Don't let them push you around. Take your time and move when it's best for you.

If you want to send me a copy of your Lease, I can tell you whether they even have a right to evict you. Have they ever notified you in writing that you are in violation of your Lease and given you an amount of time to correct the violation? In most areas, you cannot be evicted without being given an opportunity to correct the violation. If they did notify you and they have witnesses that are willing to state in a court of law that you violated the rule after being given notice, they can then file for eviction with the court. At that time, you will be served with a notice to appear in court to defend yourself. That normally takes 30 days AFTER you have been served by the court. The landlord cannot evict you on his own. There is a process. If he violates that due process, you will be the next property owner..... j/k.

IMHO, an owner may be able to stipulate in a lease that a propane burner may not be used on the premisses. However, there would have to be witnesses that are willing to testify in court (that ain't going to happen) that you violated the rule AFTER you were given fair notice not to do it.

Bottom line...... pay your rent..... chill out and move when you're ready or you have a COURT ORDER giving you a time and date to be out by.

BTW....... did they accept your January rent? If not, be sure to put the $ in an escrow account or have a money order made out to the landlord.... mail it by certified mail..... return receipt requested. If the mail comes back.... DO NOT open it. Save the letter in case this jack-ass claims non-payment of rent. That is the only way that he can file non-payment with the credit agencies. If he does that and you have your ducks in a row...... you can sue him for falsely reporting to the credit bureau. That's a big deal.
 
Congratulations on the house!
Thought you might want to see this as most states have the same law regarding this and some have a minimum of 3 months.

"*If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct, or terminate the rental agreement. In either case, the tenant may recover actual damages not less than an amount equal to one month's rent and reasonable attorney's fees."

I would suggest getting witness statements from the people that saw the maintenance people going into your place with out cause, notice or permission before moving out . This landlord sounds like the kind of d!(k that will keep your deposit for no reason. I would suggest filming every wall, sink, floor and appliance when moving out also.

This will give you a link to your state laws. (All states included)
 
ubnserved said:
Congratulations on the house!
Thought you might want to see this as most states have the same law regarding this and some have a minimum of 3 months.

"*If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct, or terminate the rental agreement. In either case, the tenant may recover actual damages not less than an amount equal to one month's rent and reasonable attorney's fees."

I would suggest getting witness statements from the people that saw the maintenance people going into your place with out cause, notice or permission before moving out . This landlord sounds like the kind of d!(k that will keep your deposit for no reason. I would suggest filming every wall, sink, floor and appliance when moving out also.

This will give you a link to your state laws. (All states included)
Click to expand...

The pics are a good idea but I would go a step farther and video everything. I would do it during your final inspection. Be sure to catch the landlord in the video (to prove the timing of the video). It takes about 15 minutes and may be well worth your while.

As for asking tenants for written statements, I wouldn't bother unless you are absolutely sure that the person will show up in court on your behalf. It has been my experience that this is HIGHLY unlikely.

If the landlord keeps your deposit without true cause (actual expenses), just sue him in Small Claims Court. 90% of the time, you will get 100% of your deposit back. Then if the landlord has some actual expenses, he will have to refile in Small Claims to recover those expenses. At that point, he'd better have pretty solid proof or the judge may award punitive damages.

MAN...... I've seen it all.....

We had a case one time where a tenant tore up an apt something terrible. He had a $2,000 security deposit and the repairs came to $3500 (not including paint and flooring). We had receipts for all repairs. The judge awarded the tenant a full refund of his deposit. We then had the refile...... The judge awarded us $200. There was absolutely zero logic to the judgement. A lot of judges automatically feel that the landlord is taking advantage and they should "Suck it up" as the cost of doing business.
 
nightrider069 said:
Well now it is a waiting game. The bank, appraisal, and the loam commitment. I hate waiting. I want to get back to brewing.
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This is exactly why I said, don't panic and be sure to pay the rent until you are gone. If the bank calls your landlord (and they will) you want to be sure that you haven't missed a payment.

BTW...... the bank may well check back with the landlord just before they fund the loan (I'm guessing some time in February).
 
Wavery said:
This is exactly why I said, don't panic and be sure to pay the rent until you are gone. If the bank calls your landlord (and they will) you want to be sure that you haven't missed a payment.

BTW...... the bank may well check back with the landlord just before they fund the loan (I'm guessing some time in February).
Click to expand...
These are reasons I LOVE LOVE LOVE LOVE LOVE my small-town -- and my small-town bank.

My landlord lived across the street. 90% of the time, I handed him the check as he was mowing the lawn. Didn't have a written lease after the first year. He was also my banker, and my insurance agent (who I coached youth soccer with) was in the office right next to him. When I started looking at houses...guess who my real estate agent was? And when I found the house I wanted...my insurance agent was also my loan officer. (And the house I bought used to be his mother-in-law's)

When I first started looking at houses, my landlord/banker/real estate agent asked what kind of price range I wanted to look at. Told him what I thought I could get a loan for, and was met with "You don't worry about that. You find the house you want, we'll give you the loan for it." I could call him tomorrow and say "Hey, I just signed the papers on a new $48,000 pickup. I need a loan." and the money would be in my account before I walked out of the dealership.

Granted, I paid a little more in interest, but I also closed in 5 days - and my closing costs were under $500.


OP -- congrats on the house. Welcome to the club of perpetually broke, and always a project on the to-do list! I wouldn't trade it for anything. Look at it this way: Every rent check you write out is money you will never see again. Every mortgage payment you make is a down payment on your next house.
 
http://www.tenantresourcecenter.org/eviction

I've had to battle with a landlord that bought our complex to turn into condos. Did a quick search for Wisconsin renters rights and found that site. Thought it may be useful. We ended buying a nice little house and our payments are actually about $150 less than our rent was, with almost twice the square footage. F'em but you may find a way to gain a little bit of time from that resource. Best of luck!
 
nightrider069 said:
Well now it is a waiting game. The bank, appraisal, and the loam commitment. I hate waiting. I want to get back to brewing.
Click to expand...

Because you have all of this to go through, I would definitely see about getting more time with the landlord. Normally I would just say ignore everything because you are moving onto better things and he will still remain a ****ty landlord, but you have less then a month PLUS you have to wait for escrow to close. You may know this already but first the appraisal has to come in and the value has to be correct. Meaning, if it comes in lower than your offer then everything has to be amended as you are not paying more for a house than it is worth. I assume you are pre-qualified? Hopefully that doesn't expire. I think mine was good for 30 days and then it was extended another 10 after that but not before they did another credit check.

After the appraisal, or even at the same time (which I did) you need the inspection. From there I bet there will be a punch list at the very least. Your realtor will find a handyman to handle the punch list, which is usually just fixing a slow clog drain or replacing something small. For larger items, you'll want to hire the right guy for the job and this is really all done by your seller. The seller may not agree to do everything. Don't get caught up in the fact that you want this house. I had the seller tell me to kick rocks when I said the roof had to be leaking. They told me a roofing contractor said it was dry as a bone. I waited for a very rainy day, ran over and found the waterfall in my garage. I got a new roof. That was why I needed a 10-day extension on the pre-approval. So be mindful that this will be your home and you don't want to be saddled with BS repairs.


Once you know the value is good and the inspection and any repairs are going to be done, you can get to the part where you close on your loan. Ask for a short escrow, the sellers are usually up for it as well unless they're moving some place where their house isn't going to be ready in time. Coordination is the biggest headache here. Figure you will close in about 40 days, give or take. That is with a short escrow. I had a 15-day escrow because the house was empty and I was ready to go. I was also not being booted by my landlord in spite of the small fire I caused with an electric grill. Bygones.

Good luck man! I wish I had a basement for sure. They're not as common here due to our soil (clay), so it was hard finding a house in my budget that had one.
 
home inspection already done all things fixed, like the plumbing, new furnace, new roof, and the fireplace inspection all fixed. I have the recipes and been there after it was law done. I was told as soon as I get the loan commitment I can move in. going to the bank today to finalize the loan. The appraisal has been ordered yesterday.
 
z-bob said:
If they are 9 inch tiles, they are asbestos. If 12 inch, they probably aren't.
Click to expand...

Exactly what I was going to say. My grandparents' house had the exact tile pattern, and they were asbestos. I had asbestos tile in my basement also. Had it remediated properly for $1,200 from my 1,000 sq ft basement.
 
nightrider069 said:
home inspection already done all things fixed, like the plumbing, new furnace, new roof, and the fireplace inspection all fixed. I have the recipes and been there after it was law done. I was told as soon as I get the loan commitment I can move in. going to the bank today to finalize the loan. The appraisal has been ordered yesterday.
Click to expand...
How's the loan process going? Did the appraisal come in yet?
 
Onkel_Udo said:
Amazing how that has been happening lately. It really makes me feel good spending that extra money when I know I am getting and honest assessment (sarcasm).
Click to expand...

Yeah... has happened to me twice and really gets on my nerves.

They really phone it in on those.
 
Psylocide said:
Yeah... has happened to me twice and really gets on my nerves.

They really phone it in on those.
Click to expand...

To add insult to injury, they appraised my house as a one-car detached garage for my re-fi at $500 over the loan amount. Corrected the appraiser that is was not only a 2-car garage but the dimension on it were not even close. New appraisal...exactly the same amount.
 
yes loan appraisal cane in at the buying price. I was hoping that it would be more. I hate the bank digging through my bank records. They want to see this and that. I think it is none of there business. And no they haven't served court papers yet, but I haven't checked the mail today.
 
nightrider069 said:
I hate the bank digging through my bank records. They want to see this and that. I think it is none of there business.
Click to expand...

Most of that is Government regulation. Among other things, they have to prove that you aren't a terrorist or are laundering money before they can legally fund your loan. Sad but true.
 
nightrider069 said:
yes loan appraisal cane in at the buying price. I was hoping that it would be more. I hate the bank digging through my bank records. They want to see this and that. I think it is none of there business. And no they haven't served court papers yet, but I haven't checked the mail today.
Click to expand...

I work in home lending and it really does not matter too much what the "real value is" as long as it is high enough to meet the purchase price because the lender is going to base the value for the Loan to Value ratio on the lesser of the appraisal value or the purchase price and if you are buying the home at X price that is the value right now and often that is what the appraiser will come up with as the value. But that is not to say you come back a year or so later and get it reappraised to take a little money out for some improvements. I would caution against doing it any sooner as most lenders will use the purchase price for the first 12 months as the value.
 
Congrats on the new home. Glad to se everything is working out in your favor!

Cannot wait for your next thread..." Basement brewery build with built in toilet"

Seriously though, best of luck moving forward!
 
Congrats on the new home.

I am about to move into a house with my fiancee (well I'll technically move in after the wedding), and now you have my worried about buying a propane burner. The only thing in the lease is "no storage of flammable or explosive materials".
 
gometz said:
Congrats on the new home.

I am about to move into a house with my fiancee (well I'll technically move in after the wedding), and now you have my worried about buying a propane burner. The only thing in the lease is "no storage of flammable or explosive materials".
Click to expand...


flammable
[flam-uh-buh l]
adjective
1.
easily set on fire; combustible;

Well, don't bring any paper, clothing, matches, oil, gasoline, etc. into the house or you'll be in violation of the lease. Better park your cars on the street!

From the non-absurd point of view: if maintaining a propane tank for a BBQ grill on the premises is reasonable, so is any other safe-to-operate propane burner.

Honestly, I doubt the OP is getting evicted in the legal sense. I'm sure the owners don't understand brewing, think he's some sort of dangerous kook, and told him they're not renewing his lease.
 
gometz said:
Congrats on the new home.

I am about to move into a house with my fiancee (well I'll technically move in after the wedding), and now you have my worried about buying a propane burner. The only thing in the lease is "no storage of flammable or explosive materials".
Click to expand...
Many of the properties that I managed had that in the Lease and yes it does include bottles of propane (Flammable??? DUH!!!!). A lot of property owners do not want propane burners on their property because their are a lot of stupid people in this world.

Some owners tend to overlook that clause in the lease for reasonable use of BBQs. However, if the owner wants you out because he doesn't like the color of your car or the fact that a year later you grew a beard, he could use that as an excuse to not renew the Lease. However, he could not evict you without 1st warning you and giving you a chance to correct the violation by removing the unapproved devises from THE OWNERS property........ Don't forget that. It's not YOUR property. You are renting his property from him and he may or may not have restrictions on the use of the property.

In your case, I would make it clear to him that you have a propane burner, BBQ etc and you would like to have it put in the Lease that these items are acceptable. That way, you will never have to be concerned about it. If the owner wants you for a tenant, he won't have any problem making that small addendum to the Lease. Most Lease have a space on the last page for additions or changes.
 
SC_Ryan said:
Most of that is Government regulation. Among other things, they have to prove that you aren't a terrorist or are laundering money before they can legally fund your loan. Sad but true.
Click to expand...
I don't know what the OP does, but they're not looking for money laundering so much as they're looking for your income to be sourced alongside any down payment. If they cannot source and season your downpayment then often that screws things up. That's why people will then randomly get a family member to write a gift letter saying the money came from them. For terrorist activity, they'd just plug his info into OFAC and be done with it.
Sailingeric said:
I work in home lending and it really does not matter too much what the "real value is" as long as it is high enough to meet the purchase price because the lender is going to base the value for the Loan to Value ratio on the lesser of the appraisal value or the purchase price and if you are buying the home at X price that is the value right now and often that is what the appraiser will come up with as the value. But that is not to say you come back a year or so later and get it reappraised to take a little money out for some improvements. I would caution against doing it any sooner as most lenders will use the purchase price for the first 12 months as the value.
Click to expand...
All lenders likely would take the appraisal from sale into account. Unfortunately.
nightrider069 said:
Well I got the keys Sunday and started to move stuff. Not fun in the snow.
Click to expand...
Fantastic news! Let the brewery remodel begin!
 

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