eviction notice?

Question

just got an eviction notice and i have to be in court5 aug 18th.
i have a few questions first, there are papers that say i have the right to anwser back to the court, my land lord, and the lawyer.
i didnt get the 5 day demand notice that that they stated the mailed, because they mailed it to my address, i have a po box, so i never got it, which i told the land lord when i first moved in, he also did not give me a lease,

do i have a least a small chance to win this, does this nesscessarily mean they will kick me out? would they put me on a payment plan? Any help much appreciated thanks

Answer 1

You need to talk with your landlord BEFORE court and see if you can arrange a payment arrangement. If this can be done, he/she may be willing to drop the eviction but you will be responsible for paying the fees he/she has incurred by filing it to begin with. If you don't establish this and you end up going to court the odds aren't in your favor. I've never seen a tenant walk out with the upper hand. The landlord will get awarded the eviction and a judgment for the back owed rent. You need to act now.

Answer 2

Notices are mailed to the property address. Your landlord probably is not required to mail it to any address other than the property address if the property has mail delivery. Is there no mail delivery to the property?

Your not having a lease has no bearing here.

If you are being taken to court for non-payment, the Judge is not going to say you don't owe rent because you were not given a proper demand notice.

At best, there could be a delay while you are reserved or the matter is refiled. I really don't know the law in your area, but maybe there is the possibility of a short delay over a notice that was improperly served.

Its up to your landlord if he wants to accept payments. Did you approach him with a payment plan when you first got behind?

If you don't come up with the money, you will be evicted. How quickly is determined by local law.

Answer 3

I am sorry to say with out the lease he can kick you out whenever. And with the mail box issue, it will rule in the landlords favor...simply because they have proof they sent you a notice...whether or not you checked your home box, court will not look at that, they will see you as responsible for getting your mail, whether it is home box or post office box....the fact remains they sent you a letter...most of the time court will say money in full...no payments..but it wouldn't hurt to go to the landlord and ask them if you can settle outside court...I mean if you are in a bad situation, and can pay some or all...it does not hurt to be honest and go to them and explain and ask for an extension. The worst thing that will happen is they can garnish your wages if you don't have the money...I don't see a really good outcome on this..the way it seems you have not paid rent...and one way or another the court will make sure the landlord gets paid...I would suggest to go to the landlord as soon as possible and try to work things out somehow....

Answer 4

you don`t say what state you are in but really that doesn`t matter that much because most courts follow the same guidelines....it sounds like you are suggesting that you are being evicted for non-payment of rent...if this is the case you don`t have much of a chance of wining in court....unless you could get the landlord to accept part of what you owe before you go to court..

Answer 5

You own the employ till both a) the employ settlement ends, or b) the eviction is carried out contained in the courts. one way or the different, the owner will convey jointly the money he's due. He can drag you into courtroom to convey jointly if mandatory. The courtroom will garnish your wages till the money is paid.

Answer 6

With no lease, he can kick you out anytime he wants.

Answer 7

You should've just paid your rent.

Answer 8

sorry, but it sounds like you are in trouble :(