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....
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.
Thank you for your advice!
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.
This sounds overwhelming...Swampy hates moving.