What to do if I am on a land contract and our landlord wanted us to paint the house or the insurance would be canceled but for various reasons this was impossible?

We asked for copy of those papers. He didn’t give them. He gave us 10 days to paint. We got it in december. The paint says it has to be over 50 degrees to paint. I am also disabled. It didn’t git finished by the time he wanted. He in turn sent us a non court issued eviction notice for 10 days. Can he do this? What do we do?

Asked on January 7, 2013 under Real Estate Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

First, you cannot be evicted other than through the courts, and if the landlord tries to evict you by himself, you could go to court seeking an order reinstating you in the property and also potentially seeking money damages.

Second, the landlord cannot evict you because his insurance is being cancelled (even if this were true)--that is not valid grounds for eviction.

Third, the landlord, not the tenant, is responsible for painting the premises unless the lease or other agreement specifically makes the tenant responsible.

Fourth, if you are disabled, it may be that the landlord is engaging in illegal housing discrimination against the disabled.

It appears that there are grounds to resist eviction and possibly to seek compensation. You should speak with an attorney in detail to explore your options.


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