Q: My landlord wants to break the lease and wants me out in 30 days. Do I have to? Fairfax County, VA
My landlord got upset because my parents came to stay temporarily. The lease says not more than 2 weeks. It’s day #1 and she gave me 30 days to leave. My lease doesn’t end till 3/2022.
I have an emotional support animal and my parents have 1 ESA too. When my parents leave at the end of 2 week, they will take their ESA with them. She complained about my small dog, weighting under 10 pounds, and now my parents toy poodle.
I made rent payments on time every single month and kept the apt in good condition. I don’t know why she wants me out. I asked the owner what’s her reason 2days ago and she hasn’t replied yet. I have done nothing that will cause me to evict. Do I have any options to stay or until I find another place? started looking today, but couldn’t find what I like. I’m afraid that I can’t find one in time. I really like the current place and see if there’s a way I can stay till end of my lease. I’m willing to shorten my lease too.
Thank you,
Julie
A: There's no such thing as a 30 day notice to leave. The landlord has to give you a chance to correct the alleged violation and then if the violation is not corrected, the landlord could start an eviction proceeding with the court. While having more occupants than permitted could be viewed as a violation, an emotional support animal is not likely to be a lease violation. If you decide to hire an attorney to help, perhaps by responding to the landlord's notice, I'm sure anyone who responds would be happy to help. Good luck.
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A:
Since you reported that your residential lease does not have an end date of March 2022, the landlord is bound by that date and has no right to give you a thirty day notice to leave, unless there is a provision ion the lease that allows the landlord to give you that lease termination notice. In addition, the is an HHS Dept. Order that prohibits evictions: See below.
Temporary stop of COVID-19 evictions: what you need to know
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October 27, 2020
by Shameka Walker
Attorney, Division of Consumer & Business Education, FTC
Last month, the Department of Health and Human Services (HHS) issued a temporary order to stop evictions due to the COVID-19 pandemic. While the order provides relief to a large group of Americans, there are some important things to remember.
First, the order only protects renters who meet certain requirements and who sign a form and give it to their landlord. Second, landlords can still charge late fees during the temporary relief period. Third, if you break certain terms of your lease, you may still be evicted. Fourth, the CDC order doesn’t apply to homeowners facing foreclosure, so contact your lender or servicer for options. And finally, the CDC protections don’t apply if you live in an area that already has the same or better eviction protections, so you should check on your local housing policies.
Remember: the relief is temporary. Right now, evictions are put on pause, but only until December 31. If you’re like millions of other Americans who may not be able to afford to pay your rent in January, here are some things you should know about the eviction process:
Your landlord can take you to court if you don’t pay. Even if you don’t have the money to pay the past-due rent, your landlord can ask a judge to force you to pay or have the right to evict you.
If you’re facing eviction, you still have rights. The first step in most evictions is a written notice. Check with your local court system for more details about the eviction process. You also may qualify for free legal services and be able to speak to a lawyer to learn about your rights.
And here are some tips for what you can do next if you missed rent payments because of the pandemic:
Find out more about rental assistance programs. There may be local programs that offer rental assistance and other help.
Watch for people who say they can help you pay your rent. If you spot a scam please tell the FTC at ReportFraud.ftc.gov.
Blog Topics: Homes & Mortgages, Renting & Timeshares
Scam Tags: Rental & Housing Scams
1 user found this answer helpful
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