QUESTION

Can the landlord file a writ if the judged continued the case in district court?

Asked on Sep 17th, 2013 on Landlord and Tenant Law - Idaho
More details to this question:
I have recently been asked to leave by my landlord who I do not have any type of lease with. We have been to civil court already and a judgement was made against me. I appealed the decision to district court in which on that day the judge had continued it so that my landlord can obtain an attorney. Will she be able to file a writ and make me move. Initially, she filed an eviction notice because she just wants me out because I had to stop working due to medical reasons, and then my neighbor, her ex-boyfriend, and now a very good friend of hers don't like me anymore. According to the Magistrate, because there is not lease, she is not required to have a reason for wanting cease of her property. I currently have not paid rent for this month. She also has things that need to be fixed there, like black mold, wires coming out the heat controller, a very high porch, which my niece has flipped off of because both side of the rails are not cemented to the ground. I have never complained because, I was trying to be easy on her because she is an older lady and I didn't want to worry her.
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2 ANSWERS

Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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If you do not have a lease with a longer term, your tenancy is month-to-month and your landlord can give you a 30 day notice of her intent to terminate your tenancy and file to evict you after that. She does not need a reason to terminate your tenancy as long as its not a legally recognized wrong reason such as discrimination because you are handicapped (e.g. if she is evicting you because you are legally disabled that is a wrong reason). You also have to pay rent until you move. So yes the judge can continue the writ. Further the judge can order you to pay rent until you move (or give the landlord judgment against you for unpaid rent). If you want to delay it a bit you can file a counterclaim for the deficiencies you noted (and damages if you have any) but you will have to pay the rent into the Court in escrow until she fixes the property and then she will get the rent money and you will have to move anyway. Plan on moving at your earliest convenience.
Answered on Sep 18th, 2013 at 5:21 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Yes, she can get a writ. It may be after the district judge rules, but I would not imagine that will take long.
Answered on Sep 18th, 2013 at 3:55 AM

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