I've had the great opportunity to make real good friends here and meet the most ... Networking with PinStackers forum
AttN ALL STACKERS! I NEED YOUR HELP!
I've had the great opportunity to make real good friends here and meet the most wonderful ppl! I know there have to be some berry addicts who are lawyer, studying to be one, or know one! Well, I need your help! This is a housing crisis... As you all well know about the economy being so low and dirty up to the point that ppl are filing for Bankruptcy even if they dont have to... The place where I am currently living in went off to auction a few months ago because the owner stopped paying the bank. She never told me anything but she did mention that she "needs the house in a few months" and I thought to myself: Ok well if she wants me out i have stop paying rent in order for me to get out. And what comes next? she pops out of no where and says you got 3days to pay the rent or i will file charges!
I am in deep s**T right now and i have no idea what my rights are or what is the legal way to handle this without me going broke with hiring a lawyer that could careless and wants that $$$(there's a lot of them here in LA like that)
If anyone can:
EMAIL ME: PTRTWITCH@VZW.BLACKBERRY.NET
I need your help! I really appreciate your help!
IMO weather or not you have to move or not becouse she did not pay the bank... You still should have paid her. You still live their, right. And she is intitled to be paid. With that being said from a legal stand point she cannot force you out in three days. First she has to give you a written notice, if you do not comply, she will have to go to the court house and file for you to be evicted and you will have a hearing to go to. This can take up to 30 days. Then the judge will even give a little more time. All in all it could take several months before you will be forced out by the sherriff. And in the end you will loose and still owe her and she can take you to court at a later time and still sue you for what is owed. Either way you are fighting a loosing battle. The only thing you stand to gain is time. Do the right thing pay what you owe and find another place to live. Chalk it up to a learning experince. This is a bad situation for both you and your landlord. Just gotta live and learn. Sorry for your misfortune ~via BB (wap.pinstack.com)~
I agree withgixxerjoe, i own my house here in NYC, and the best thing to do is talk to her, but at the same time get the cash you owe her, cause not paying her i just gonna make it worst, i had someone do the same to me an few months back, and all thia person had to dowas come to me, and tell me whats going on,but instead they choose the bad route, and we ended up going to court, long story short; the person had to vacate the house, and they owed me 5 months of rent money, and honestly i felt bad, because this person has to start all over looking for a new place to live, and possibly no money, so my advise is talk to her, but gather the money you owe, cause if the two of you end up in court, the judge is only going to ask did you pay the rent
If she is serious about evicting you she may well refuse your payment, so send the check registered mail so you have proof of you efforts to pay. short of that when you receive a notice to quit use that's the first step( the notice to vacate or quit use of the dwelling with in 72 hours). the following step will be the court action, you will be asked to produce the monies not payed to the landlord and place it with the courts for them to hold until the housing court makes a decision(this is where you need the canceled check or returned recipt showing full payment or an attempt to make full payment). If you have a valid reason for with holding rent such as no water or heat a leaky roof or receipts for repairs you had to make because the land lord refused to do ect ,you will have a defense under law. and can stay and get some of or all of the money back. If you reason for non payment was because the owner stopped paying the bank you are hit . and the courts will take the owners side and say its people like you that are causing this person to not pay the bank and they will side with her. furthermore if the bank does take back the house you may be able to pay rent directly to them while they find another buyer . and there are people out there looking for foreclosures to invest in as rental properties and they would most likely want to take your rent as well.THE WORST THING ANY RENTER CAN DO IS REFUSE TO PAY FOR THEY UNIT THE INHABIT...unless you are a member of a protected class and qualify for a stay you can be put on the street in six or so weeks even in the middle of january in alaska.children,pets and belongings..
you need to produce an attempt to pay or the canceled check
also if your lease is up the owner can refuse to renew and request to terminate a month to month tenancy and proceed with an eviction also. my experience stems from many years as a property manager not an attorney and I have seen many people put out and had to clean up the mess left behind from these rapid exits of rental units. one would think the constitution state would have better protection under the law but it does not.most states are just about the same . If the bank has already taken possession of the property you can approach them and they will probably be happy to take any money you have to give them even if its owed to the previous owner. so call the lender/new owner if it has been foreclosed on up and ask if they are willing to work with you. short of that get out before they file or the eviction or it will haunt you in your future attempts to secure housing. all management companies run credit and eviction history prior to leasing units for their clients and so do some land lords.
this information is not leagle advice I am not in the leagle profession.
contact the clerk of your local courts for information on the laws and your rights in your state .
and best of luck
Last edited by HeywoodJ; 11-15-2008 at 12:36 PM.
Reason: spell check does not work until i edit...wtf?
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