I might be getting evicted can I fight this process and win?

Question

I lost my job last month and it took me awhile to find another, I am now working, but the problem is I am behind on the rent. It is going to take about a month before I get a normal paycheck, I gave the guy $ 200.00, 25% of the rent at the first of the month which covered the first week of rent, I am going to give him another $100 tomarrow it would of been $200.00, but I started the job 1 week later than I was told I would so I couldn't give $200.00. I am a barber so I am paying the rent with my tips, I will be able to pay this man eventually once my paychecks are comming in, but I think he might be trying to evict me behind my back. I don't want the Sheriff showing up at my door telling me I have to get out now. I have 3 dogs and 1 cat so I can't just go anywhere in fact that is the only reason I live there is because of my animals. If this happens this man will have all my money and I wont' have any money to find another place to live, and I wont leave my animals they are my kids.

Answer 1

There is no such thing as a "get out now" eviction.

Some states require a notice or demand before you can file for eviction in court, other states require no notice. In any event, you cannot be tossed out without first having gone through the legal system no matter what some idiot on yahoo claims. You don't have to move until a landlord has a court order saying you have to.

He can't evict you "behind your back". If he files in court, you will get served with a notice. Some states require a written response, other states just require that you show up in court on the specified date.

Your landlord has shown that he is willing to accept partial payments until you are caught up. That is a good sign. A good landlord will work with you, and you can always enter into a payment arrangement if and when you get to court since the landlord has already established that he accepts partial payments.

Answer 2

I'm a landlady in Illinois and I have evicted tenants for non-payment of rent. If no effort is made to catch up the rent, I can legally give a 5 day notice.

However, I usually sit down with the tenant and make some type of arrangement for the tenant to catch up. I have 2 tenants that are on weekly payments. I write up a 'contract' with all the details, edit anything that needs to be changed and we both sign and date it; both of us have an identical copy of this agreement. I usually have good success with this.

For the eviction to work, there are court dates and the tenant will receive a summons to appear. If they appear, they can have their say. It is VERY important to have all the proof of payments such as check images (both front and back).

The judge will then work out a payment schedule if both the landlord and tenant agree. Since your landlord has already accepted partial payments, I would set up an appointment with him/her and see if you can work this out before it goes to court. (if you lose in court, it will show up in a civil inquiry for the next landlord).

I would rather take partial payments until you are caught up than rerent and apartment; especially if you have been a good tenant in the past and have been there for more than a few months. And your pets could be a real problem with finding another place.

Good luck.
Good luck and I

Answer 3

You can't stop him from evicting you legally if he wants you IF you have not paid the rent. Your problems are not his problems ... he probably has a loan payment to make and his bank doesn't care about his problem either.

Your best bet is to go and talk to him and see if he is willing to work with you .. if you feel he is not going to help then just make plans to move.

In most states he will need to present you with a 3 DAY NOTICE to pay the rent or leave. After the 3 days have elapsed THEN he can file with the court to evict you, BUT he needs to serve you with paperwork to appear in court to show why you should not be evicted. if you do not show up for court then he will get a default judgement against you and he will serve you with this and you usually have about 7 to 10 days to leave BEFORE the Sherrif will show up to throw you out. Once he has begun the court action you are dead meat ..he will get you out if you have not paid the rent unless you have a good story like problems in the house that he has refused to fix etc. The bottom line is is you can't pay him and he won't work with you you have probably about 10 - 15 days ..3 day notice, court notice, hearing and action .. you should not be surprised by the Sherrif if you pay attention to the notices you get..

My suggestion: ASK the landlord to help you work it out. If he wants you out agree with him that you will move within a week if he does not persue any further legal action and then stick to the agreement if he does (you will know if he has not if you start getting legal paperwork). Agree to this in writing with him if he agrees. The reason to do this is that if you both agree to call it quits after a week he will leave you alone for the lost rent, cost of cleaning the place, etc. that he COULD ask the court for from you ... which he could later persue you for with garnishment of wages, etc.

Good Luck!

Answer 4

the approach in Texas is this: a million. landlord records eviction (could be for non-fee of hire) and is regularly given a court docket date interior the subsequent week to 2 weeks. 2. landlord looks in court docket, if all is going properly the choose can furnish the judgment to the owner and tenant has been evicted. 3. landlord then provides the tenant a three day word to vacate. 4. if the tenant does no longer vacate the premises interior the three days, the owner then has to record a writ of possession with the comparable county court docket that granted the judgment for the evictions. 5. there is yet another court docket date set and if all is going properly the choose back regulations in want of the owner. 6. the owner calls the constable that works with county court docket and contraptions up a time that he or she is obtainable for the writ, an officer of the regulation must be contemporary the entire time. they do no longer do something, purely verify that issues don't get out of hand. 7. while the date is desperate, the constable will pass to the abode and submit a extensive orange decal on the door, affirming that the tenants now have 24 hours to vacate the premises. 8. on the appointed time, the owner, with diverse help from her paintings rigidity is going to the abode and bodily strikes the assets of the tenant out of the abode and places them in rubbish bags and places them on the dimensions down. sometimes persons are arranged for this and have began packing themselves, regularly they have packed no longer rattling ingredient and all of their crap must be packed and moved out. i don't be responsive to what the technique is in Pennsylvania, whether it can not be too distinctive.

Answer 5

You will have to be told in writing before they come to kick you out. I also think that they have to give you a 1 month notice before kicking you out. By then I'm sure you will be able to pay it off. Also, I'm sure that if he takes you to court, the judge will see that you are trying to pay him and I don't think that they will make you move. Hope all works out well!

Answer 6

If he is accepting money from you then the chances are that he is trying to quietly evict you are not good. Talk to him and see if you can work things out. Chances are if you talk to him that he will let you stay as long as you are making the effort to pay.

Answer 7

Most counties and states have laws that strongly favor the tenant.
I have tried to evict people, so I know it takes a long time.
Pay as much as you can, as quickly as you can.
Eliminate unnecessary expenses.
Good Luck to you and your Landlord.

Answer 8

sorry it depends on how nice your landlord is. if you want to stay make some deal with them . otherwise save some money for your next place. , if you are in la area youll have some trouble because your petsy by california law you got 90 days to leave the premises.(sometimes 30 )

Answer 9

You will get some legal notices in the mail before the sheriff shows up.

Answer 10

The answer to your question depends on what state you live in. The laws are different in each state.