Q: if i got a 60 day termination or tenacy from my landlord, then they let me stay in the residence longer then the 60 days
that was stated in the termination of tenacy. do i have the right to stay in the residence for a couple more days until my apartment is available for myself and my children? also what can i do about the landlords sons and the manger he hired to handle to property coming over to the residence and belittling and down grading me to the point i am in tears as well as them threatening me with sherrifs and with courts
A:
IF the landlord has accepted rent for beyond the date specified for the termination of your tenancy (and it is not returned within 10 days of being received), then they have likely waived any right to evict you under that notice. If they have not, then they likely are able to proceed to file an eviction action in court any time they wish. If, however, all you need is a few extra days, let them know since it may stop them from filing to evict you to begin with. If they file, your first court date has to be no sooner than 7 days and no later than 14 days from the filing. Thus they can't get rid of you any faster than that no matter what and as long as you are out by the time of the first court appearance (and you show up to tell the Judge that you are out), the case should be dismissed against you.
As for verbal harassment, there is likely little you can do, depending upon exactly what they are saying and threatening. Understand that the Sheriff is not going to come do anything without your having been served papers; had a court date; lost in court; and had a Judge Order you out. If you then do not leave, then the landlord can go back to court a last time to get an Order from the Judge to the Sheriff to throw you out. Assuming the landlord gets such an Order and pays all the associated fees, then the Sheriff will make an appointment with the landlord to come out and remove you from the dwelling. That usually takes another 2-4 days or so. Hence you can stall 10-20 days most likely even if you otherwise would lose, so again, if all you need is a few extra days, that is quite doable with little to nothing that the landlord can do about it except fret. Good luck.
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