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No lease and served by LL my parent's lawyer a 10 day notice/need info desperately- 3 children here Unlawful Eviction

Discussion in 'Eviction, Recovery of Premises' started by Familyfued, Feb 24, 2017.

  1. Familyfued

    Familyfued Law Topic Starter New Member

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    Jurisdiction:
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    If someone could please advise on this? We have been served a ten day notice to either pay two months rent or vacate. The LL is my mother and her husband. They are saying that my boyfriend with whom my 3 sons and I live is a month behind in rent. We have no lease and they have always accepted rent each month. They harrass us intermittently though saying that we are squatters that will get what we deserve. I understand that they can get us out and we will obviously leave, however, I have two special needs children and they are being adversely affected by this. I contacted legal aid and trying to get a lawyer but wanted to know what we need to do to get a chance to get some money up to afford getting another place. Any advice or questions are welcome!! Thank you!!
     
  2. army judge

    army judge Super Moderator

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    Before I address the LEGALITIES, I'll mention the FAMILY aspect.


    Why don't you go to your mother and ask her to allow you a month, two months (a set period of time) to get the money to make it right with her???


    If she wants your friend gone, tell her you'll ask him to leave to protect your children, her grandchildren.

    If it means HE goes so your BABIES (and YOU) stay, let her evict HIM.

    Okay, on to the promised LEGALITIES!!!!

    -----------------------------------------------------------------------

    The notice to "vacate or pay" is a request.

    Should you ignore the request, your LL will have to file an eviction proceeding in the correct court in your county.

    You'll eventually be served by a deputy sheriff to appear in court.

    The eviction proceeding will take anywhere from five to eight weeks to be heard.

    But, the mere filing of an eviction can destroy your chances to ever rent decent housing (or live in public housing) for decades, if not forever.

    Your medical condition, the medical condition of yoru children, any other problem isn't germane to the issue of you owing rent, not paying the rent, and the LL wanting to have you evicted.

    An eviction is about paying the rent in FULL, or being summarily removed from the property (along with all of your stuff) by law enforcement officers acting pursuant to a court order issued by a judge for you to leave.

    I suggest you make arrangements to move before the ten days expires.

    The fact that you've been served COULD impact your ability to rent decent housing.

    Finally, if you become homeless, the state child services could get involved and emove your kids.

    That happens when a landlord wants to AVENGE unpaid monies he/she believes are owed.

    (THAT being the LL drops a dime on the tenant to state child services.)

    Be smart, get out quietly, quickly, and silently.

    Or, pay ALL of the unpaid rent within the ten days allowed by law.
     
    Last edited by a moderator: Feb 24, 2017
  3. Familyfued

    Familyfued Law Topic Starter New Member

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    Thanks for the advice and I wish we could get out silently however we don't have the funds. This is why and I know that they are extremely vindictive and would do anything to get revenge. So it doesn't matter that they've been accepting his checks for the better part of two years and have just decided because of a vendetta against me to have us served by their lawyer? And if we pay the amount of two months rent even though there is no proof of being behind?
     
  4. army judge

    army judge Super Moderator

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    You're welcome.

    However, did you read the FIRST (FAMILY) part of my response?

    Please take another look at it.

    Yes, I know eating crow is tough, because as an Army Ranger, I've literally eaten CROW. LOL

    I've also eaten crow figuratively many times.

    This is about your babies, her grandchildren.

    Don't allow her "husband", and your "friend" to destroy the love for the ONLY person who gave birth to you.

    Think it through before allowing lines in the sand to be drawn.

    Good luck.
     
  5. Familyfued

    Familyfued Law Topic Starter New Member

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    No it's between her and I. He's actually being put in the middle. I want to come to an agreement to leave but her husband isn't entertaining any other avenues because he is sending vicious texts every time we try to discuss it. Believe me we want to leave because of the ugly situation that my mother and I will never see eye to eye but some time would be great. We've always been the ones to make things right but it's not enough. Thanks again for your help!!
     
  6. Familyfued

    Familyfued Law Topic Starter New Member

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    Yes thanks, the sand has been drained for a long time and once she married her husband she changed. She is never going to change but I have and my boyfriend has been paying them and all the bills while I am going to school to better ourselves but they have to do this especially when they know how bad off her grandchildren are.
     
  7. army judge

    army judge Super Moderator

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    One thing I've learned in life is TRUST, but verify, with a few limited exceptions.

    Trust yourself 100%, but don't trust others until you know they are trustworthy.

    That said, get the PROOF that your "friend" paid the rent.
    That would be money order receipts, or cancelled checks that were MARKED PAID by his bank.

    If he produces such PROOF, not just ALLEGES he paid the rent, take the PROOF and show it to your mother.

    Don't allow your 'friend" and her husband to come between you two.

    She's yoru mom, the only one you'll ever have.

    Your kids should feel that way about you, too.

    Without him giving you PROOF (as I suggested above), it may be time to consider that he hasn't paid the rent.

    Husbands lie, wives lie, frinds lie, people lie, so get the PROOF, then determine what to do.

    Absent PROOF, your "friend" is lying to you.

    If he says he paid CASH, he's lying or was foolish to fork over cash without demanding a receipt.
     
  8. Familyfued

    Familyfued Law Topic Starter New Member

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    He has his bank statements as proof. I understand why you are trying to salvage the relationship between my own mother and I but it is too late. She has gone to the dark side so to speak and I have seen her true colors through various texts that were sent to me by someone showing what she has been saying about me and stuff. She hates that I am getting help because I'm a low income mother and has said that many times that I shouldn't be able to receive any assistance. Its definitely a sad ending to a sad story.
     

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