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I am being evicted

Date: Wed, 05/30/2007 - 15:05

Submitted by amywiater
on Wed, 05/30/2007 - 15:05

Posts: 4 Credits: [Donate]

Total Replies: 24


Can anyone tell me what they think i should do...

Last August my husband was hospitalized with Viral Menangitis and was out of work for a couple of weeks and so was i so that i could take care of him...that was the beginning of our nightmare. We fell behind on all of our bills, we got some assistance for 1k from DuPage county and that was all i could get. I have tried to get help from everywhere but because I got those monies i am no longer eligible for any other assistance. I know 1k sounds like a lot but it only covered part of the losses. We had to not pay utilities to eat (i have 3 small children). Our car died and we had to go to a dealer and get a new one that took another 1k down payment...so then we were getting farther behind. Then the company my husband works for changed his pay periods from 2x a month to every other Wed. Now he was making the same amount of money just getting smaller checks(26 checks a year VS. 24 checks a year) now we had to make due with smaller checks albiet more often (extra checks in aug and oct '07. I tried to get LIHEP for my utilities but they told me we make too much money. My husbands base pay is $34900 but he gets a health care credit to pay for insurance approx 11k so his pretax gross is too high for us to qualify for anything. now i am being evicted because i just couldn't pay the whole month rent for may and they did not respond to my request to pay it in 2 payments. I used the may rent to put down a down payment on another apt. closer to my husbands work since our lease expires june 30 07.

My problem is I got a notice from the complex that I have a court date of June 14th. I am moving out the 30th of june do you know of anyone that can help me pay my last two months rent because I have to still give my new landlord first months rent. My new palce wont be ready until July 1 and I have no where to go if i get kicked out!

Did I mention that my husband drives 40 miles each way to work?...like 500 a month is gas!

Any suggestions?


hmm.. I am so sorry to hear about your husband and you have to go through all these problems with your house. Since you don't have any place to live until your new apartment gets ready, you have to stick with this apartment. Do you have anyone close in your family from whom you can borrow for a short period? Also, look at the local churches if they have any free accommodation


lrhall41

Submitted by mute805 on Wed, 05/30/2007 - 15:25

( Posts: 197 | Credits: )


Legislators have generally been extra careful to see to it that a tenant gets adequate notice and an opportunity to respond to eviction notices. A landlord can't begin an eviction lawsuit without first legally terminating the tenancy. This means giving the tenant written notice, as specified in the state????????s termination statute. If the tenant doesn't move (or pay the rent), the landlord can then file a lawsuit to evict. State laws set out very detailed requirements to end a tenancy. Different types of termination notices are required for different types of situations, and each state has its own procedures as to how termination notices and eviction papers must be written and served. Even after receiving notice, some tenants won????????t leave or pay violation. If the landlord still wants the tenant to leave, he must begin an unlawful detainer lawsuit by properly serving the tenant with a summons and complaint for eviction. So, all of this takes some time - usually 30-60 days - unless you have a claim you can use as defense against the landlord (property violations, safety violations, etc) which can then add months to the eviction process.

The important thing for you to do will be to go to court on the 14th to plead your side. Additionally, if you can spare even partial payments towards the back rent you owe, make those payments now - it will show your good faith to bring the rent current and will look much better for you in court - buying you enough time to get moved.


lrhall41

Submitted by Here to Help on Wed, 05/30/2007 - 15:30

( Posts: 106 | Credits: )


do i have to be served by a sheriff or something that looks legal? This is just an notice from the management office.


lrhall41

Submitted by amywiater on Wed, 05/30/2007 - 15:39

( Posts: 4 | Credits: )


My guess would be that what you have is just the first step - the notice by the landlord that you are late and warning that eviction proceedings are coming if you don't bring the rent current. I don't know where you are located, so I can't give you any specific state laws, but chances are (and this is purely a guess), you would still have at least 30 days after the June 14th date before you have to vacate. Yes, you should be served the final eviction notice by a sheriff or other court officer. It would be very important right now to try to make at least partial payments on your outstanding balance. Is it just May that is currently due - with June coming due on the 1st (and probably at least a 5 day grace period for June rent). If you are a member of a church, I would go speak with the paster as recommended in the previous post. If not, definitely contact the Salvation Army in your area and see if they have any recommendations. Be sure to let them know if children are involved as well, sometimes that can make a really big difference in the help you can receive.


lrhall41

Submitted by Here to Help on Wed, 05/30/2007 - 16:25

( Posts: 106 | Credits: )


OK, that helps. Here's a site and contact for you to get REAL information about renter's rights in IL. (http://www.renters-rights.com/index.html)

Here's a link to a legal site that gives specific details of the process (and, yes, IL does allow, in most cases, and especially when a tenant has small children, a Judge to grant a "stay of Enforcement" of the Order for Possession so that the tenant has some time to find a new residence.:

(http://www.illinois-attorney.com/evict.htm)

Get this knowledge on your side and give these places a call for some help as well. It can help ease your mind and get you through this difficult time for your family.


lrhall41

Submitted by Here to Help on Wed, 05/30/2007 - 16:54

( Posts: 106 | Credits: )


I used to do evictions many many years ago. I guess it depends upon your state. In OH the eviction process takes about 60-90 days. You will first get a 3 day notice to vacate from the landlord, all that means is they will start the eviction process if you do not pay up in 3 days. Then they can go to court and file to get a court hearing date. You go to court and you are either told to vacate or be removed by the courts. Somebody(s) will show up at your place or residence 5 days after your door is tagged by the courts. That gives you 5 days to leave the premises or they will remove you and your belongings while you stand and watch, they will put everything on the curb. I've seen it happen many many times. So eviction is a long process, you should've received a notice that you have an eviction hearing from the courts, you landlord may be telling you they are filing an eviction with the courts on that date.


lrhall41

Submitted by WHEREAMI? on Wed, 05/30/2007 - 17:14

( Posts: 5263 | Credits: )


I don't know if my advice will be of help, but can't hurt to try.

Call the Red Cross, Rotary Club, or any other local charity organizations in your area (there's a big one but can't seem to get it off the tip of my brain). One of them will more than likely will be able to offer you a hardship loan for your rent and/or bills at very little interest (or maybe none at all) until you get back on your feet. That's what's those organizations are set up to do, help people in need.


lrhall41

Submitted by on Wed, 05/30/2007 - 18:29

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How long have you lived in the first apartment? There are laws which require owners to change carpeting in a period of time, as well as many other little things. It may seem petty, but bringing up violations such as those can be big trouble for owners if the information were shared with third parties, such as Health Department and court, just an idea to ponder.


lrhall41

Submitted by Anthony Lemons on Wed, 05/30/2007 - 18:57

( Posts: 1828 | Credits: )


Sadly in your case there is not much that can be done, I sympothize that you have three small children. But, has anyone considered landlords perspective. I am sure based from your story this is not a one time occurance. NO offense but you mentioned that you financed a car! Excuse me, how do you have 1K set aside for a car but you can't pay your rent. I can clearly see why the Landlord was more then frustrated. Quite honestly, this issues are not there problem.


lrhall41

Submitted by on Tue, 10/09/2007 - 09:29

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Besides, kash, patti, "the smart one", is answering a post dated back in May. Hello. :shock:


lrhall41

Submitted by cannr on Tue, 10/09/2007 - 12:28

( Posts: 9317 | Credits: )


HOW MUCH ARE THE BANKS PAYING OUT IN $ FUNDS, FOR A RENTAL FAMILY OF 6 TO RELOCATE BECAUSE OF HOME FORECLOSER


lrhall41

Submitted by on Thu, 05/28/2009 - 16:05

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WHAT ARE THE BANKS PAYING OUT IN $ FUNDS FOR RELOCATING A RENTER FAMILY OF 6 (1-SENOR CITIZEN,
1-"TOTALLY" HANDICAP ADULT/CHILD LIKE, 2-ADULT WOMEN,
2-MINOR CHILDREN) BECAUSE THE OWNER LOST THE HOME DUE TO FORECLOSER AND DID NOT INFORM RENTERS


lrhall41

Submitted by on Thu, 05/28/2009 - 16:19

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