My girlfriend is going to be evicted in about a week if we can not come up with the money for past due rent. Is there a legal amount of time that the landlord is supposed to wait on payment before eviction? It has been only 1 and 1/2 months since our last payment.
2007-10-04 08:52:29 · 13 answers · asked by jon 2 in Business & Finance ➔ Renting & Real Estate
do you have a court date? once your late....your late, the clock starts running when he files the eviction papers.........
2007-10-04 09:42:01 · answer #1 · answered by DennistheMenace 7 · 1⤊ 2⤋
I don't know what state you are in but in IL, the landlord has to give you 5 days to pay. In other words, rent is due on the 1st and late on the 6th.
On the 6th, the landlord can post a 5 day demand ie you must pay within 5 days
On the 12th, the landlord can file in court to start eviction proceedings for non-payment of rent (at which point the renter has just become responsible for court costs, filing fees, cost to serve court summons)
Depending on court calendar and how dates fall, hearing in 7-10 days, if relief(judgement) is granted to the landlord, the judge will give the tenant a certain date to have vacated the property (usually 7-10 days)
If the tenant is not out, the sheriff will escort the tenant and his/her possessions off the property
So in 6 weeks, you could have already been evicted and escorted from the property
2007-10-04 10:20:25 · answer #2 · answered by Craig T 6 · 1⤊ 0⤋
In my state once you are seven days late (meaning beyond the date stated on your lease is rent is due) eviction paperwork can be filed. When it gets to this point you may still pay your rent plus any late charges (as stated in your lease) AND any court costs incurred and the eviction will be dismissed. If you can't do that and it's to the point where the eviction is being processed you really need to be out as soon as you can. There's not much more you can do, and in some states your landlord can legally remove your belongings from the property--usually to be set on the sidewalk.
If you can't afford to stay talk to your landlord and see if something can be worked out for you to break your lease. At the community I manage we would much rather have someone move out that can't afford to pay and let them make a payment plan to us for any remaining charges. This way we get what we want and the tenant doesn't have to worry about adverse court actions or being turned over to credit.
Communication with your landlord is key.
Just to correct a point made below. A landlord certainly CAN file for eviction if rent is late-when all depends on the state you live in. In my state we can (and do) file after rent is seven days late (as I stated above) provided we have notified you that you are late and that we intend to file for eviction. (I have yet to see a lease stating that rent must be 30 days late before eviction can be filed, and this is the third state I've done this in--it may exist somewhere, but I haven't seen it).
2007-10-04 09:08:35 · answer #3 · answered by J-Dogg 4 · 0⤊ 2⤋
Only 1 and 1/2 months since last payment? Landlord has bills to including paying for the place you are living in. Not only will you be evicted but he will probably take you to court for payment, penalties, interest, and court costs, including lawyer fees. And good luck finding another place to rent I am sure when they call for references, yours might not be too good.
2007-10-04 09:21:55 · answer #4 · answered by Pengy 7 · 2⤊ 0⤋
A landlord can start eviction proceedings the day after the rent is due. At 1 1/2 months, you're well on borrowed time.
2007-10-04 09:05:15 · answer #5 · answered by Bostonian In MO 7 · 2⤊ 2⤋
As soon as you are 30 days late (and you are 45), they can file for an eviction.
In other words, if your payment was due on September 1, on October 1, it became 30 days late.
PS: The landlord CANNOT file for an eviction the day after the rent is due...it must be 30 days late.
2007-10-04 09:25:38 · answer #6 · answered by Expert8675309 7 · 0⤊ 3⤋
ONLY 1 1/2 months??? Have you been served eviction papers??
2007-10-05 02:11:05 · answer #7 · answered by brandyrhi 2 · 0⤊ 0⤋
Well he has to submit a letter of eviction and then in some states you have 30 days for compliance and you can not be forced out before the proper paper work is completed. Sorry for being noisey but how much does she owe
2007-10-04 09:14:19 · answer #8 · answered by monique200376 1 · 0⤊ 1⤋
They can give you a 7 day notice, which I assume is what you are speaking of, to pay or leave. If you do not pay within 7 days, THEN the renter will file paperwork with the court. After that comes the actual eviction process.
2007-10-04 08:57:19 · answer #9 · answered by Digitalmayheminc.com 2 · 1⤊ 2⤋
Hi,
Jon Jon Jon Sounds like you and your girly friend need to grow up and face the fact that you are low lifes. You don't have to stay that way. In fact you could join the real world and get responsible and pay your rent on time every time. All it takes is a little ambition, self respect, and discipline. It's people like you that drive the rents up for the rest of the hard working world of responsible people. I don't mind slamming you two for what you are doing. In fact it's down right fun to put you in your place. Only 1 1/2 months behind are ya. Good for you.. I bet i f you try just a little bit harder you could make it two, or even three months, and that secures your low life status for about seven years in court as a deadbeat tenant with even poorer credit along with a record of your stupendous achievements. Congrats to you and your soon to be sorry behinds! Welfare anyone?
2007-10-04 11:05:59 · answer #10 · answered by skiingstowe 6 · 1⤊ 3⤋