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Question regarding eviction?

I'm moving out on the 10th because of landlord behavior. She treats me like a child, constantly lies to me, had accused me of damage even though I have a walk through on video showing the damage being there prior to me moving in and earlier on the week she came into the suite without notice and I had to have the police remove her. I have had money go missing and on several occasions have suspected her in the suite when I was not home but because I have no physical proof I can not sue her or charge her with theft.

I am not in a lease agreement.. it is a month to month rental. I didn't pay my rent this month and she knows I don't intend to as she has already tried to collect. She knows I am moving out on the 10th, I read on the residential tenancy website for my city that she can serve me a 10 day eviction notice for non payment but she hasn't served me with anything.

Does she have to serve the eviction notice to evict me if she knows I'm leaving on the 10th?

2 Answers

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  • Yeti
    Lv 7
    7 years ago
    Favorite Answer

    If you're not on a lease agreement, a lot depends on your local laws, and how things are to be handled by default. If she really truly believes you're moving out on the 10th, she might not bother with a formal eviction. She may just sue for the unpaid rent.

    In an eviction, you'd probably have more of a chance to explain and defend yourself. If you just leave without paying the rent, there can be a couple quick questions about whether you paid or not, and that's it, end of story. No rent, no other rights to really complain about. If anything, it makes you start looking like somebody looking for excuses to not pay rent, then you run off. Somebody who really had money missing and all that would be reporting it to the police. Did you? No. You're just a deadbeat not paying rent. Judgment landlord.

  • Anonymous
    7 years ago

    actually, you do have a lease agreement....it is verbal...you agreed to pay for a place to live....don't over think this....It's a contract.....Landlord: it makes no sense to file a four-hundred dollar eviction action to force you to move when you are going to move anyway...housing court only forces you to move, it DOES NOT make you pay any money...if she wants her money she will spend 75 bucks and get you in small claims court.....I assume there is a damage deposit so she ain't out money anyway....the fact that she HAS in the past entered your rental illegally,you might win in small claims court...seventy five bucks to find out.....don't do it...I think you are breaking the lease illegally and might be liable for February march and april rent.....to protect yourself you need an agreement in writing signed by both of you that allows you to leave on the tenth...You sound justified in leaving but you are not following the rules.....just type in landlord/tenants for your state...the rules and regulations are easy to read and understand....you will find out which rules she is breaking and which ones you intend to break...

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