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Is this going to count as an eviction and if so, what does that mean for me?
So I had an apartment in Colorado and my boyfriend (who isn't on the lease) has been paying the rent since October because I lost my job and hadn't been able to get one.
We always had to make payment arrangements with the landlord because frankly his checks were only ever (barely) enough to cover the rent, and NOTHING left for anything else - like saving for next month's rent.
This means that rent went up at least 100dollars every month because of the late fees.
Anyway, I had to fly back out to my mom's in Maryland on January 31st because I'm pregnant and my aunt and uncle (who are adopting) live in MD, and I had to fly out before 36 weeks.
So I thought I would fly out, pop the kid sometime around my due date of March 11, recover a bit, and fly back.
Wrong.
I have to stay out here 6weeks after delivery because of the post partum checkup, and February's rent was so tough on my boyfriend that we decided near the end of Feb. that he would start moving things out of the apartment and be out before March's rent was due.
Well March 1st came along and he still had to move stuff out, and then on the 4th the landlady issued the standard 3 day notice paper.. On the 6th or 7th she called me and left a message saying that if she didn't get a payment arrangement from me by the next day she would have to call the attorneys and get it filed.
So I discussed game plans with my boyfriend and I called her the next day but she wasn't there, so I called her yesterday and again she wasn't there but I talked to her assistant anyway and told her what was going on.
This is what I said: That my boyfriend has been helping me out with rent but he can't do it anymore, especially since I won't even be able to be back until around May (which is when my lease is up) and that I mailed him my keys and he's moving stuff out and should only need a few more days.
She said okay and told me what the fees for breaking the lease and breaking it without a 60 day notice were..... And I told her that I knew the 3 day notice had been posted, did that mean I was counted as evicted now and would that be better off? And she got all pissy with me "Oh well hon it might have to the courts by now and you really don't want an eviction on your record, you should have called sooner."
Of course I apologized and all but she still had a tone with me...
Anyway... It's 500 for breaking the lease and 500 for not giving a 60 day notice. That equals a thousand dollars, and possibly more fees.
I know the 3 day paper says attorney fees are about 200....does that mean if it goes through eviction, you just pay the attorney fees? Or is it the attorney fees PLUS the lease break fees?
And if it turns out that it has gone to courts and I am counted as evicted: what does that mean for me?
I cannot appear in a court, because I can't fly at 39 almost 40 weeks, and I cannot pay anywhere near that kind of money.
I still don't have a job, and my boyfriend's job gives him MAYBE 300 every 2 weeks but it depends on the amount of hours (hours that have been dwindling lately..)
So yeah, there is no way we can pay the thousand dollars.... Even just the $200 attorney fees would be difficult because he still has car gas to pay for, plus he has to pay people to watch our cats because his aunt won't allow them in the house, and he has to help her out with groceries and bills because he stays there with her....So for him to have been paying my rent for the last 6months and then have to pay these fees is really unfair...And the reason he's moving me out early is because we can't afford a place I'm not even staying in.
So basically, what can I do? And what does this count as, eviction or no? If it is, what does that mean for me?
Can I do anything to rectify this situation?
I cannot pay these fees if they actually show up, and I cannot be in more debt than I already am, either.
Help much appreciated.
R P - Well when I tried to talk to her she wasn't there, it was her assistant and she didn't know if it had been filed or not..
I can try to call tomorrow I guess though :/
And are you saying that if I WERE able to show up in court, it would be possible to "win" and therefore not pay the fees, or what...?
If I am filed under eviction, can I stay work out an arrangement with her? Because there is NO WAY I can pay all that up front... It will even be hard to pay it little by little as I already have 2 other things that I need to sort out and try to pay that way as well.
ok well i dont understand how i can pay if i dont have money......
Landlord - what do you mean 'victim'? Who's the victim?
And I wasn't living there when not paying rent..... February was paid for and I wasn't there, but it's only March to May I can't pay for because I'm not there.
4 Answers
- LandlordLv 71 decade agoFavorite Answer
What will happen is you will be evicted, you had no right to live there and not pay rent.
The victim will be awarded how ever much of her money you have, which sounds like a lot, plus the legal fees. Once you are working they can garnish your wages since this is stolen wages.
- R PLv 71 decade ago
If the landlord filed with the courts for eviction, it is on your public record. You will lose by default since you won't be there the court date, and, yes,you will owe her legal fees and the back rent & late fees. The landlord may get a judgment against you and that will go on your credit report. You can forget about getting a good reference from her. You will not be able to rent a decent place again for many years.
If she has not filed yet, talk to her & work out a payment plan for the lease break fees & penalty. That will be a much better situation for you when you are ready to rent another place. She will be able too say that, while you left without giving proper notice, you are "paying as agreed" on the fees.
Source(s): FL landlord - SlickterpLv 71 decade ago
If it goes to court, it's everything you owed PLUS the attorney's fees. This WILL count as an eviction unless you pay EVERYTHING that is owed any time up to and including when you show up in court (which you can't). IF you could show up in court AND you had ALL the money you owed, you could "win". Once the eviction goes through, there's no more payment plan to fix it.
An eviction means it's going to be VERY hard for you to find a decent apartment for the next few years.
- ?Lv 44 years ago
If she fails to circulate away or pay the lease after receipt of the three days word; the LL can record an eviction action with the courtroom, which will concern a 5 days summons. it is going to likely be published on the door (via Sheriff or technique server) if she isn't domicile to settle for it in guy or woman. If she fails to respond interior 5 days (weekends excluded) the subsequent step would be a judgment of eviction published on the door. If she fails to respond to that interior 24-40 8 hrs the LL could have the Sheriff are available at any time with a mover & locksmith to get rid of her possessions & exchange the locks. A reaction demands she deposit the lease arrearage in funds or casher's verify with the courtroom clerk -- or the reaction would be afflicted & the writ of eviction will concern.