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Posted: Fri Nov 30, 2007 4:51 pm

I live in NJ and my husband lost his job and he collects unemployment. We fell behind on the rent but we are paying rent plus extra every month. Can they throw us out or should we go through the court and let a judge set the payment schedule if it gets to the point where we get too far behind?

Posted: Fri Nov 30, 2007 4:55 pm

hazel -

As long as you have an agreement in writing with your landlord that they will allow you to pay extra every month to catch up on the arrearage on your rent, I think you will be fine. If you don't have an agreement in writing on this, I would say get one as soon as possible to protect yourself.

I would not allow this to get behind if you can at all help it - rent/house payment always comes first - you need shelter - then utility bills, food, and car - then other debts. I don't think a judge would set payments for you - if it comes to the point where the landlord evicts you for non-payment, the judge is simply going to set up payments for the arrearages - you will still be evicted.

Hazel · Posted: Fri Nov 30, 2007 5:00 pm

We have a verbal agreement. We have paid up as much as we can and they are willing to accept rent plus extra. Unfortunetely, we have been behind since my husband had to go on disability and then lost his job. We are trying to get rental assistance, which should help, but we cannot rely on it. He went to talk to them today because of a snafu in his unemployment check got lost. We we able to handle all the bills until his misfortune. They even renewed our lease when we were behind.

Posted: Fri Nov 30, 2007 5:04 pm

Hazel - it sounds like your landlord is a decent person, willing to work with you. However, I would keep them up to date on every development in your situation, and give them every spare penny you can to help them see that you are honestly trying to work this out and get them paid back.

Posted: Fri Nov 30, 2007 5:13 pm

All great advice from Suebee....and since you dont have a written agreement, keep your money order reciepts or cancelled check records to track how much extra you are paying and to have proof in hand that you did indeed pay extra.

Posted: Fri Nov 30, 2007 6:34 pm

absolutely volleyball is very right. any form of evidence that you have that you're paying and making a valiant attempt at repaying your debts will help you in the long run. If you never need it so be it, but if you do you'll have the proof that you need.