Ok let me start from the beginning. I moved into this place because a couple of reasons,
1. it was closer to work
2. schools are awesome
3. The landlord told me if I ever need the help he will work with me on rent.
He even told me that he understands the expenses of moving and knows I am a single mom of 4 children and school starting he knew it would be rough me moving. He also knew why I was moving. Well since I moved into the place he comes over almost everyday for one reason or another. He came over and complained my kids where playing outside to loud. Oh wait one more bit of information, he told me my rent was due on the day that I paid my first months rent.
Ok so we move in and I realize soon that it was a mistake but I am stuck by contract and lack of funds to move again until after Christmas. One day he came over as soon as I got home and started questioning me asking me how I knew these certain people. I explained that I didn't know them well but knew of them through my best friend and my kids had befriended their kids so I went over to introduce myself and get to know them myself. New town, I was interested in making friends. He then goes on to tell me that I shouldn't go over there and he doesn't want them on his property.
My mistake was I blew it off instead of taking him seriously. Well, I "counted my chickens before they hatched" and threw my daughter a birthday party thinking I was getting child support a few days later and would be able to pay all of my rent with that. I also thought I had until the 14th (payday) to pay the rent. Well I didn't get child support (another issue of its own) and my landlord called saying my rent was due on the 5th. So here I am late, and so I explained I would get paid on the 14th and would pay them then. The landlords wife chewed me out and then hung up on me.
14th came and I was hit with a short check (missed a week worth of work) that I didnt' expect until the last payday of this month. So I took my landlord my ENTIRE paycheck and explained that I would have the last 250 for him on the 30th when I got paid again. I even agreed to pay late fees. I then got told my situation needs to change soon and he doesn't just mean money wise.
The very next day I get served with an eviction notice...court is Thursday....I was talking to my neighbors about it and they told me they have been late every month since they first moved in and he even allowed them to pay half on the 1st and half on the 25th of this month. They have never been served with an eviction. So they started asking around and found out he is evicting me because I befriended and even started dating my best friends cousin. Since we have busted up ( not anything to do with eviction) but I still have to go to court.
I should also add that I have had problems with the faucet in my bathroom for almost the entire time I have lived here, my kitchen sink doesn't drain properly, and my AC doesn't work. I have reported all problems with no resolve. I also asked for a copy of my lease since I signed it and didn't recieve a copy of it until last night...3 days before court...and they have changed my due date on it to the 5th.
I don't know what to do about all this...even if I win in court on Thursday I still know that I will need to find another place to live. This is not easy to do with 4 kids and my son has just now started adjusting to this change (he is autistic) and now I have to change him yet again!
Swampy has been (and in fact, still is) both a landlord and a tenant.
The fact that he chose to serve you with an eviction notice means that he does not like you for some reason and wants you out. Legally, non-payment is one of the only ways he can get you out.
You don't want an eviction to show up on your records because it will hurt your ability to rent in the future.
If (its a big if) you think you can still work with your landlord, you could try the approach of -- "gee, you know, I had really hoped this would work out, but it doesn't seem to be. Why not negotiate directly with me? I'll find another place to live as soon as possible, I'll see to it that you get your money, and neither of us will have to pay court fees, lawyers, or anything else."
If he doesn't take your kind offer and instead takes you to court, then you have to be nice as possible. Courts think in terms of facts and law. Be sure to find all the records you have over what you have paid and anything else. When you get to court, calmly state (this will be very difficult!) the facts -- "I looked for a place to live for me and my four children. I do XXX for work, and am paid YYY. To try and meet my obligations I've done these things: forked over my entire paycheck, openly discussed my financial situation with him...etc. I am planning to move out as soon as I have the means to do so. Here is my plan. What I would like is to not have an eviction on my record, just put this one down as a bad idea."
A lawyer will have to help you with the terms here, but many judges will grant a motion to give you and the other party time to work your problem out yourselves without passing a judgment. That is what you want, no eviction.
Arguments regarding his attitude towards you are unlikely to sway a judge. What you try to do is present facts, and let the judge put the pieces together.
Based on your situation, you can probably get a few hours of legal help without cost to you. Call the bar association where you are located and ask if they have such a program. They'll know the judge and be able to help you make an argument.
Meanwhile -- start looking around for a place to move to.
I found out that his problem with me wasn't with me but with a guy that I had just started talking to. I also just ended it with him as well...lasted a whole 1 week! But during that week I was served with an eviction!
I am suppose to sit down with the landlord tonight and put all on the table and see if we can work together or if finding a new place to live would benefit me and my children more.
Well after talking to the Landlord and him saying he is going to court and drop it he went in there and had me evicted. I showed up but by the time I got there btw...I was there straight up 10 court was at 10 and was told the judge already heard the case and he was siding with the landlord. Then I was served with a 24 hour eviction notice.
So after spending the last couple of days falling apart I have pulled myself together and I guess me and my children are stuck on my mom's livingroom floor....
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