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how do i stop my eviction?? plz help!!?
I need 3 wks to come up with 3000 which is possible but im almost 2 months behind. my landlord already started the eviction process w the courts so how long do I have to come up with this money in order to stay in the house or is it too late??? I don't know how the process works but me and my two kids had a financial hiccup and we want to do anything to buy time and stay. please help!!
does it cost my landlord to start the process can he let us stay if we have the money after we have been served w a notice?? I am in md
10 Answers
- Glenn SLv 77 years agoFavorite Answer
You can't stop the eviction unless you can show legal cause (a breach in a covenent of the lease by the landlord, a mistake in the notice to pay rent or quit or in the Unlawful Detainor papers.
You lost your right to stay in the property when you failed to respond to the Pay Rent of Quit Notice. When the notice expired the landlord is not required to let you stay.
- TiLv 77 years ago
The ball is now in the landlord's court.
Yes, it costs him to file formal eviction charges against you.
Will he stop the legal process if you come up with the money you owe him? That is entirely up to him.
You will have your day in court, but keep in mind that when it comes to late or non-payment of rent, the judge cannot overrule the landlord's desire to get rid of you.
I suggest you have a talk with your landlord to find out where he stands. If he refuses to drop the eviction process, I suggest you start looking for somewhere else to live.
Good luck
- RangerLv 77 years ago
You should have a court notice of when to appear for the eviction hearing. You need a good excuse to give the judge why you shouldn't be evicted. If you have a good excuse, the judge can stay the eviction.
If you don't have a good excuse the judge will give you a day or two to remove your belongings. After that, if you enter the dwelling you will be arrested for trespassing.
Have you thought about one of those places that make payday loans? The interest rates are high, but they can fill a short term gap if you are waiting for a large sum of money coming to you.
Source(s): rc - 7 years ago
Work hard at coming up with the $3k and use it to move. Once a landlord knows you can't pay the rent all the time and he has spent the $5k to initiate the eviction process he is not likely to stop the procedure and then start it over again in a few months.
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- loanmasteroneLv 77 years ago
You did not or do not know the step of the eviction you are in.
Your landlord would be required to give you a notice to pay or quit. This would be signed by your landlord. Based on the state eviction laws of your state this notice would allow you from 3-7 days to come up with the rent as well as any late fees charged.
Failure of you to bring the rent current in the time allowed, would be reason for the landlord to go to court and file a for a legal eviction.
In filing for a legal eviction your landlord would be required to pay a filing fee. If he select to have a law enforcement agency to serve the summons to you as to when you would be required to be in court to challenge the eviction, he would be required to pay for their service also.
You would be required to attend the eviction hearing, as per your summons.to protect your rights and show reason why you should not be evicted.
If you fail to show up or the judge rule that the eviction should be upheld, the judge would sign a legal eviction. This legal eviction would give you a certain time frame in which to leave the rental unit and take all your personal property and never return. This time frame could be from14 days to 30 days depending on the eviction laws of your state.
Normally once the judge sign and issued the eviction notice, your landlord would not e willing to accept any back payments or allow you to pay the rent current.
Failure on your part to move prior to the date listed on your eviction notice would be reason for a law enforcement agency to come to your rental unit and require of you to remove all your personal items from your rental unit.
You know that you are having financial problems, with this knowledge you should have informed your landlord before the rent was due and request a tie frame in which you could make up the back rent.
The landlord is not a mind reader nor do he know of potential financial problems you might encounter.
You are 2 months behind. The landlord has to take some type of action to insure he is paid. He has debts also.
It still might not be too late if you are able to prove you would have sufficient funds in a certain time frame that you would be able to pay the rent current along with any late fees. It might be to your benefit to contact your landlord and see if he is able to wait for you to bring our rent current.
You need 3 weeks to come up with the late rent. This put you in a position of being 3 months behind.
I hope this has been of some benefit to you, good luck.
"FIGHT ON"
- LILLLv 77 years ago
In my area, it only costs a landlord $125 to file for eviction.
If you pay the landlord before the court date, he may allow you to stay. He will expect you to pay all back rent, late fees, his court costs and his attorney fees.
- UrsugardaddyLv 77 years ago
If it is possible to come up with 3K within 3weeks then why are you but almost 2 months behind
Your rent or mortgage is the first that should be paid, if you have the funds to pay this bill
Take Care
- SlickterpLv 77 years ago
You have until the court date. Maybe a couple of weeks, and you will have to pay every penny, IN FULL to stop the eviction.
- BillLv 77 years ago
He does not have to continue your rental! You will need to pay him the back rent even after you are formally evicted. Good Luck
- MarianneLv 67 years ago
Landlord/tenant law is different everywhere. Perhaps re-post with county/state.
You can also search for "[county state] eviction law" and look for your local regulations. Here are some examples:
Georgia: http://www.georgialegalaid.org/files/6FCBD72D-B465...
Illinois: http://www.law.siu.edu/selfhelp/info/property/Land...