Served With 3-Day Eviction (low income, apartment, rental)

[MsMorgan]

My hours were cut at work and I've been having hard time keeping up rent for 4 months now and paying late. Served with 3 day to quit which I know I can't pay. I asked the landlord for 2-3 weeks (have to pack, find someplace more affordable) but scared she's going to do something like change the locks. Although I am upfront with her and asking for this time, she tends to be a bit sneaky.

Not trying to drag things out, but need time to get things moved. I am a single mother with two children.

So my question is aside from that written 3 day notice, how long do I have? Can she change the locks on me (worried she do this while I am at work)?


Thanks

[CALGUY]

To put your mind at ease, here is the procedure for evicting for non payment of rent.
First, this is the reason I never evict using non payment as the reason.
When I evict (which is hardly ever) I simply go with rental agreement violation, that being, failure to pay the rent.
This cuts way down on the time involved in an eviction for non payment.
Now, first thing is the three day notice to pay or quit.
This does not mean you need to be out in three days.
It is just the first step in the eviction process.
If you fail to pay in three days, the landlord must file an unlawful detainer which means he, or she is going to take you to court.
You have five days to file an answer to the court once you receive the detainer.
If you don't answer the detainer, the landlord can , and will seek an immediate judgement from you, and in about a week, the marshall will show up to physically evict you.
If you can prove you are low income, the court will waive the fee to answer the complaint.
If you choose to answer the complaint, the earliest the court could hear the case would be 20 to thirty days, and longer if the court is backed up.
When it finally reaches the court, explain your situation to the judge, and ask for more time to move.
With kids, the court usually does grant more time, usually a month or so.
True, you will still owe the money to the landlord, but answering the unlawful detainer is the best way to proceed when you need more time to move.
As for the locks being changed, that is a definite no no.
The court frowns on that behavior, and in fact would fine the landlord for doing it.
It is illegal to change locks until one has won a judgement in court, and when all is said and done, you will gain time to move, and not have to worry about the locks being changed while you are not home.
The landlord could be in a heap of trouble for changing the locks before getting a judgement.
All this eviction process takes time, and during that time, you would do well to save for the day when you WILL have to move.
Under no circumstances do you need to be out in three days because you couldn't pay the rent.
Rest easy, time is on your side, and your landlord knows this.
Now, if you need help filling out the forms to answer the unlawful detainer, the clerks office may point you to an office within the court that can assist you in filling it out.
Bob.

[js1mom]

Wow... while much of what the poster before me said is true, instead of trying to milk your poor landlord for all they're worth when they are probably just trying to get by in this economy, too... why don't you let her know that you are packing up and plan to be out in the two to three weeks that you mentioned? She will probably still go file for the unlawful detainer as any savvy landlord would... but you will still have the the couple of weeks you need to pack up before anyone will force you to go, and then you will be able to leave with your dignity at least partially intact and not unnecessarily "punish" your landlord for something that is not HER fault, either.

It will be a win/win situation making the most of an unfortunate circumstance for BOTH of you, as I'm sure she will be as upset to lose a tenant as you are to lose your place. Good luck, God bless, and do the right thing, not just that which is your "right"...

[MsMorgan]

Thank you so much for explaining the process to me...I was married for a long time and had never been evicted. All I need is until the 27th (or less) of this month and I'll be moving....no need to stay longer.

[imcurious]

I agree. You owe the landlord - it is not their fault you are having hard times. Please just be straight up with them. Tell them you will get out as soon as you can and then do it and don't leave a bunch of crap for them to clean up, either.

Just because you have kids doesn't mean you get to be a deadbeat. If times are hard, move in with friends, but don't try to bilk other people who need to survive too.

Thank you

[imcurious]

And if I were you, I wouldn't take advise here on CD because the first poster is actually giving you legal advice and I don't think you said where you live and I don't think the person who gave you advice said they are a lawyer.

[MsMorgan]

Originally Posted by js1mom

Wow... while much of what the poster before me said is true, instead of trying to milk your poor landlord for all they're worth when they are probably just trying to get by in this economy, too... why don't you let her know that you are packing up and plan to be out in the two to three weeks that you mentioned? She will probably still go file for the unlawful detainer as any savvy landlord would... but you will still have the the couple of weeks you need to pack up before anyone will force you to go, and then you will be able to leave with your dignity at least partially intact and not unnecessarily "punish" your landlord for something that is not HER fault, either.

It will be a win/win situation making the most of an unfortunate circumstance for BOTH of you, as I'm sure she will be as upset to lose a tenant as you are to lose your place. Good luck, God bless, and do the right thing, not just that which is your "right"...

js1 - where in my post did you see me say that I was attempting to milk my landlord? Did you read my post? I clearly stated that I only needed 2 to 3 weeks to get me and my children packed and out. Punish the landlord? Not every tenant is on that particular page.

[nick2006]

Originally Posted by MsMorgan

My hours were cut at work and I've been having hard time keeping up rent for 4 months now and paying late. Served with 3 day to quit which I know I can't pay. I asked the landlord for 2-3 weeks (have to pack, find someplace more affordable) but scared she's going to do something like change the locks. Although I am upfront with her and asking for this time, she tends to be a bit sneaky.

Not trying to drag things out, but need time to get things moved. I am a single mother with two children.

So my question is aside from that written 3 day notice, how long do I have? Can she change the locks on me (worried she do this while I am at work)?


Thanks

i am sorry, but you need to leave and finder a cheaper apartment in a cheaper location. the owner shouldn't be punished for you getting your hours cut. good luck to you and the children.

[MsMorgan]

Originally Posted by imcurious

I agree. You owe the landlord - it is not their fault you are having hard times. Please just be straight up with them. Tell them you will get out as soon as you can and then do it and don't leave a bunch of crap for them to clean up, either.

Just because you have kids doesn't mean you get to be a deadbeat. If times are hard, move in with friends, but don't try to bilk other people who need to survive too.

Thank you

I am just mentioning my situation and not attempting to bilk anyone....didn't say I didn't owe her. If you read my post I stated that I asked for a few weeks to get packed.

[MsMorgan]

It seems the responses I am getting are more in response to the first response than my own post. My concerns are that I don't come home and find the locks changed with my things inside...not trying to stay in a place I know I can no longer afford - that's why I am moving. Not trying to mooch or be a squatter. Yes she has rights, but wanted to know what mine were as well.