we cannot afford the place were in and couldnt pay this month. It was due the first and is now the 10th. We got a notice today saying we have 7 days to pay or leave or will will be evicted. We are leaving but cant move into the other place till after xmas. I thought we had 30 days to leave. can we be evicted before then? (alabama)
2007-12-10 04:46:41 · 8 answers · asked by Ashleyakapasada 3 in Politics & Government ➔ Law & Ethics
You will not be evicted before December 31. Even if the seven days has passed and you have not cured the default there is just no way they will be able to get you out of your place until after the first of January. If you get served a summons and complaint for unlawful detainer then they are LEGALLY trying to evict you. Once you receive the complaint you need to respond. Your time period to respond is usually less than 30 days...sometimes just five days. But lets say they file and serve you today and you have five days to respond...that is December 15...then a trial must be set which, with the holidays coming up I highly doubt is going to be before xmas. Even if it is before xmas...lets say it is on December 23, 2007. Lets say you show up for court and say you couldn't afford to pay rent...which is not a defense to unlawful detainer and the judge orders you to leave and orders the eviction. Generally speaking at that point it goes to the sheriff's department which this time of year is SWAMPED...when they get the time to evict you they will come post a notice on your front door and you usually have a week to move...by that time you are looking at January. Good Luck.
2007-12-10 05:22:32 · answer #1 · answered by lahockeyg 5 · 0⤊ 1⤋
What many of these posters failed to mention is how an eviction will have an effect on you. If the landlord obtains an eviction order...he will most likely also obtain a judgment for any past due rent, attorney fees, court costs and future rent if your breaking a lease. This will follow you around for up to 10 years and will have a very negitive impact on your credit report. Once a judgment is granted...the landlord can garnish your wages, freeze your bank accounts, attach your IRS returns and basically ruin your chances of every renting elsewhere again. And no...you don't have 30 "rent free" days to leave. That law only applies when rent is paid and notice is given to vacate by either parties.
2007-12-10 07:12:27 · answer #2 · answered by LILL 7 · 0⤊ 0⤋
OK what you received was a pay or quit notice, it means either pay the rent do and owing in seven days of leave the place
if you fail to leave by then the landlord will have to file for eviction, the trial date can be anywhere from 2 weeks to 3 weeks, then at the court date you will have to pay or a eviction order will be issued
then how ever long it takes to file the eviction with the sheriff and schedule a date to evict you five days to weeks
but only a sheriff officer with a court order can evict you
2007-12-10 04:55:13 · answer #3 · answered by goz1111 7 · 0⤊ 1⤋
you basically isn't to blame for the lease previous the final day of the month which you're growing to be evicted in. you would be responsbile for all damages, legal expenditures linked with the eviction technique, besides because of the fact the lease. legal expenditures could be extremely significant. in case you do no longer pay, the owner will report an action against your co-signers credit, that may injury their credit status. My suggestion is to bathe nicely, pass away nicely, and next time, have greater admire for people that stay there too.
2016-10-10 23:52:08 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You should check your lease, which will likely have a section about past due rent and the remedies the landlord can use for failure to pay.
If there is nothing in the lease, this answer will vary from state to state, but most states will likely say 30 days. You can try to call the housing authority for your town or state and they may be able to help you.
2007-12-10 04:56:44 · answer #5 · answered by Reepicheep 2 · 0⤊ 2⤋
Section 35-9-6
Notice to quit for breach or default of terms of lease. When default is made in any of the terms of a lease, it shall not be necessary to give more than 10 days' notice to quit, or of the termination of such tenancy, and the same may be terminated on giving such notice to quit at any time after such default in any of the terms of such lease; which notice may be substantially in the following form:
"To A. B.:
You are hereby notified that in consequence of your default in (here insert the character of the default) of the premises now occupied by you, being (here describe the premises), I have elected to terminate your lease, and you are hereby notifed to quit and deliver up possession of the same to me within 10 days of this date. Dated this _______________ day of _______________."
To be signed by the lessor or his agent; and no other notice or demand of possession or termination of such tenancy shall be necessary to maintain unlawful detainer.
Sorry
2007-12-10 04:54:43 · answer #6 · answered by wizjp 7 · 0⤊ 1⤋
If you didn't pay, you have to get out. No free rent for a month. They could have you out within a week.
2007-12-10 05:12:43 · answer #7 · answered by Flatpaw 7 · 0⤊ 1⤋
My understanding is that they have to give you a 30 day notice. But, check your lease.
2007-12-10 04:54:11 · answer #8 · answered by Megan 5 · 0⤊ 3⤋