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can he legally do this?

my mom and her bf of 6 years just broke up. Mom has been trying to find a new place but it isnt easy. Well bob (her ex) had his older daughters type up on a piece of paper that mom had 3 days to get out. and tried to bully her into signing it, and threatening my mom. so mom called the cops and the cops said bob would have to go in front of the local judge to get an eviction notice. BUT BOBIS BEST FRIENDS WITH THE JUDGE! Can the judge legally put out an eviction notice that is under 30 days?

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Anonymous

Asked by Anonymous at 12:08 PM on Jun. 12, 2009 in Relationships

Answers (8)
  • They would have to go in front of a different judge, not the one he is friends with. That judge would have to excuse himself (can't remember the exact word for it) b/c it would be a conflict of interest and would give her grounds to appeal any decision he made.
    tropicalmama

    Answer by tropicalmama at 12:14 PM on Jun. 12, 2009

  • It depends on the state and the tenancy agreement. Without a lease, most look at the tenancy as a "month to month" situation. Usually with a monthly lease, both parties are required to give 20 days' notice of termination of the agreement. That is also assuming that payment of all rent/security deposit, etc. is up to date.

    Genearlly, a landlord can move to evict with a 3-day pay or vacate notice only upon failure of payment of rent of over 30 days. Also, a landlord generally can't have a tenant sign such an "agreement" under coercion, and/or after already initiating eviction, and expect to have it deemed valid.

    If you do not believe a judge can be fair due to an existing relationship, you can move to have the judge recused, either by their own act or by filing an affidavit of prejudice.

    You need to look up some web sites in your area -- state and county-- that outline what you can and cannot do.

    Busimommi

    Answer by Busimommi at 12:15 PM on Jun. 12, 2009

  • i THINK if she signs it its legal and binding.dont let her sign it....
    raineydays377

    Answer by raineydays377 at 12:20 PM on Jun. 12, 2009

  • If the judge is a friend, then your Mom needs to say something because that is a conflict of interest. In Ohio it takes about 3 months for an eviction to go through its normal process. Tell her to stay put until the legal system tells her she has to go. I hope she finds a place soon!
    salexander

    Answer by salexander at 12:37 PM on Jun. 12, 2009

  • That judge cannot legally do anything because of conflict of interest. Even if a judge is not friends with someone just even knows them he has to recuse himself. So even if that judge did give an eviction notice your mama could appel it. Tell her to just keep looking for a place and DO NOT sign anything because if she does it will be binding.
    TeriMelisa

    Answer by TeriMelisa at 12:50 PM on Jun. 12, 2009

  • no it has to be 30 days for an eviction notice. they cant just kick you out , they have to give you some time.
    wildcatsgurl06

    Answer by wildcatsgurl06 at 12:54 PM on Jun. 12, 2009

  • Only if she is in a lease and broke the terms of the lease. Did she sign something when she moved in with him?
    feesharose

    Answer by feesharose at 1:52 PM on Jun. 12, 2009

  • my mom didnt sighn anything and she has been with him for 6 years, living in the same house for 4 years!
    Anonymous

    Answer by Anonymous at 2:34 PM on Jun. 12, 2009

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