I am getting evicted right now for not paying my rent. I made it clear to my landlord prior to moving back in (i had rented from him for 2 years before) that I was unemployed and had no money. I can understand why he'd want me to leave because he's got bills too and shouldn't have to pay my rent. However, he was aware of my situation when he asked me to move in. So now I've got a summons and less than 5 days to respond in person to the court. Unfortunately, I am out of state visiting family right now and unable to file the papers. How can I go about taking care of this right now, do I have to file in person and within five days? The weekend counts too but not Monday because it was a holiday right? My friends also say to countersue him for the condition of the rental. For example, there is an open sewage pipe in the back yard, the kitchen has no venting of any sort, and the stove is in front of a door, the bathroom has no vents and so mold tends to grow, there is no heat/air..
2006-10-11 19:09:36 · 11 answers · asked by AJ 2 in Politics & Government ➔ Law & Ethics
You will be evicted and there is nothing you can do about it.
Start looking for a new place to live.
You have no counter-suit because you have no damages... If the stove in front of the door cause you to trip and break your leg, you would have damages... Because you feel that the place isn't up to code is not reason to sue. It may be reason to withhold rent BUT the correct way to do it is to take your rent to the clerk of court and deposit with the court. The Judge will then rule that either the landlord is entitled to his rent without further action or that he must fix the items that are in violation and then he will STILL get the rent.
Bottom line is..
You don't have the money... you're free-loading... and you're wrong.
Get a job, get a new apartment and take responsibility for your own actions. If you have time to play on the Internet on Yahoo Answers, you have time to look for a job and probably money too (since your Internet connection is still working).
2006-10-11 19:17:56 · answer #1 · answered by keysfunding 4 · 2⤊ 0⤋
Well what did he say when you said you had no money?
That may count for something.
I would contact the local court where you are and see if you can respond to the summons there, maybe it can be sent on by fax or something to the court where you live, but you have to find a way to respond or you automatically lose, the judgement will go in his favour.
Can you afford to pay the rent as yet, in your reply to the summonds, maybe offer to pay a little extra each week/fortnight/month till it is up to date. Then put all the unsafe repairs you need in writing and give that to the landlord, keep a copy for your records. If he does nothing then contact a tenancy tribunal in your area.
2006-10-11 19:23:17 · answer #2 · answered by having_a_blonde_day_lol 4 · 0⤊ 0⤋
Your rights are determined by the state law where you reside. Depending on your states laws, you may be able to gain additional time before moving. You will either need to be there in person, or hire an attorney to represent you before the Court. SInce you don't have money for rent, you probably don't have money for a lawyer. Check with the local bar to see if you qualify for free or reduced fee legal services.
Time limits and how to contest are set by the state and local counties. Some counties have specialized housing and eviction courts. Many states and counties have their laws and forms posted on the internet for downloading.
Also consider how you will get your household items back. If possible try to broker a friendly deal with the landlord, you will need a reference for the next place you live, and they can place reports on your credit history.
2006-10-11 19:27:19 · answer #3 · answered by Sir Ed 4 · 0⤊ 0⤋
If you don't show-up in court (maybe you can get the date moved back), the judgment will automatically go against you.
Then it's just a matter of the landlord getting the sheriff to remove you forcibly and place your belongings on the curb, unless the landlord has a judgment against you for your belongings, as is the case quite often.
These things typically take around 30 days.
It's not a criminal case, so they don't have to prove much.
2006-10-11 19:24:12 · answer #4 · answered by ? 4 · 0⤊ 0⤋
for not paying rent it's a easy way a landlord can kick you out. unless you have a written contract or proof you asked the landlord for an extension or to live free a couple of months and he said "yes". otherwise all claims can be turned down. even if you do go to your housing department in your city, you will have to pay to open a claim which in that case is sometimes expendive and they do not guarantee you anything. good luck though.
2006-10-11 19:16:36 · answer #5 · answered by black_metal_mist 2 · 0⤊ 0⤋
So let me get this straight, you moved in with no money to pay rent, & now the landlord wants you out because you haven't paid rent?? IMHO, you deserve to get booted out. Did you think your looks were gonna pay the bills? (I don't think so)
Grow up, get a job, & pay your bills.
2006-10-11 19:24:21 · answer #6 · answered by impala_girl_64 3 · 0⤊ 0⤋
Unless you had given him written notice that the damages where there and you were not going to pay rent until they were fixed you don't have any grounds. Sorry
2006-10-11 19:12:51 · answer #7 · answered by 51ain'tbad 3 · 1⤊ 0⤋
i dont think the court will evict you right away. I heard they usually give you sometime before asking you to leave.
2006-10-11 19:18:21 · answer #8 · answered by rumman 2 · 0⤊ 0⤋
Contact the land lord tenant court in your city....Good Luck
2006-10-11 19:11:45 · answer #9 · answered by Diamond in the Rough 6 · 0⤊ 0⤋
You should consult an attorney in your state as soon as possible. If you do not respond on time to his lawsuit, you lose automatically.
2006-10-11 19:11:34 · answer #10 · answered by Harvie Ruth 5 · 0⤊ 0⤋