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Old 05-29-2015, 11:48 AM
 
1 posts, read 1,063 times
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Hi, we have received an Eviction notice in Snohomish county, Washington. Due to late payment, but some of our neighbors are 3-4x more delinquent than us with no filing. Is this discrimination, or not fair treatment? We are going to court, based on the improper delivery of the eviction notice. We expect the landlord to simply refile in a week or two if it is dismissed by defect, and are building our defence or delay.

We live in a manufactured home park for 19 years, and own the trailer (which cannot be moved, tree blocking it in).

We have two children under 10.

If we do nothing, the sheriff will evict us within 5-10 days. So we must do something, we are speaking with a Clear attorney as well. Any specific advice on how to file, what to say, and ideally how we can STAY? We like it here. Thank you Very Much!
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Old 05-29-2015, 11:54 AM
 
488 posts, read 861,280 times
Reputation: 628
The obvious answer is...pay what you owe. Even if the others are more delinquent than you, it's irrelevant. If you owe, pay. If you don't pay, the eviction will happen. Why spend money on lawyers and court costs instead of paying your bill?

If there are extenuating circumstances preventing you from paying, speak to your landlord and try and work out a payment plan.

There won't be any other way to stay without paying.
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Old 05-29-2015, 12:29 PM
 
12,016 posts, read 12,828,636 times
Reputation: 13420
Why would you think they are discriminating against you?

and yeah pay your lot rent and have proof to show when they try to evict you, and be careful, mobile home evictions may be faster and different than apartment or home.

Is your home payment late or lot rent late or both? It does seem odd, but maybe your neighbors are lying about what is happening to them. I read some horror stories recently about a company who will chop that tree down and rather destroy it than let you stay in it.
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Old 05-29-2015, 01:05 PM
 
Location: Phoenix, AZ area
3,365 posts, read 5,267,971 times
Reputation: 4205
Quote:
Originally Posted by Avatar_XI View Post
Hi, we have received an Eviction notice in Snohomish county, Washington. Due to late payment, but some of our neighbors are 3-4x more delinquent than us with no filing. Is this discrimination, or not fair treatment? We are going to court, based on the improper delivery of the eviction notice. We expect the landlord to simply refile in a week or two if it is dismissed by defect, and are building our defence or delay.

We live in a manufactured home park for 19 years, and own the trailer (which cannot be moved, tree blocking it in).

We have two children under 10.

If we do nothing, the sheriff will evict us within 5-10 days. So we must do something, we are speaking with a Clear attorney as well. Any specific advice on how to file, what to say, and ideally how we can STAY? We like it here. Thank you Very Much!
If you like it then you should have paid for it. I would like it if I could live someplace rent and consequence free too. Chances are you are late a lot and the LL wouldn't even accept a full payment at this point. Your children don't really matter find a new place you can afford and be on your way.
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Old 05-29-2015, 01:06 PM
 
Location: Phoenix, AZ area
3,365 posts, read 5,267,971 times
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Oh and if you fight it you will also owe his legal fees.
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Old 05-29-2015, 01:48 PM
 
Location: Silicon Valley
18,813 posts, read 32,631,327 times
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Quote:
Originally Posted by Avatar_XI View Post
Hi, we have received an Eviction notice in Snohomish county, Washington. Due to late payment, but some of our neighbors are 3-4x more delinquent than us with no filing. Is this discrimination, or not fair treatment? We are going to court, based on the improper delivery of the eviction notice. We expect the landlord to simply refile in a week or two if it is dismissed by defect, and are building our defence or delay.

We live in a manufactured home park for 19 years, and own the trailer (which cannot be moved, tree blocking it in).

We have two children under 10.

If we do nothing, the sheriff will evict us within 5-10 days. So we must do something, we are speaking with a Clear attorney as well. Any specific advice on how to file, what to say, and ideally how we can STAY? We like it here. Thank you Very Much!
What does the eviction notice say? Does it say you have to pay or be kicked out within 5 days? Or are you just being kicked out for breach of contract for regularly paying late? Are you behind on rent?

If you can stop the eviction by paying money, then you need to do it.

You could try contacting your local Fair Housing office, to see if you have any kind of discrimination claim, but I sincerely doubt it. The landlord has the right to get rent paid on time. So, you really don't have a defense for not paying on time, just because the landlord isn't being as hard on someone else who isn't paying on time. In my opinion.

But, why don't you try calling your local legal aid office and see if they can help you.
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Old 05-29-2015, 01:57 PM
 
5,298 posts, read 5,261,569 times
Reputation: 18694
Quote:
Originally Posted by Avatar_XI View Post
Hi, we have received an Eviction notice in Snohomish county, Washington. Due to late payment, but some of our neighbors are 3-4x more delinquent than us with no filing. Is this discrimination, or not fair treatment? We are going to court, based on the improper delivery of the eviction notice. We expect the landlord to simply refile in a week or two if it is dismissed by defect, and are building our defence or delay.

We live in a manufactured home park for 19 years, and own the trailer (which cannot be moved, tree blocking it in).

We have two children under 10.

If we do nothing, the sheriff will evict us within 5-10 days. So we must do something, we are speaking with a Clear attorney as well. Any specific advice on how to file, what to say, and ideally how we can STAY? We like it here. Thank you Very Much!
I think you know the so very obvious answer to that.
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Old 05-29-2015, 02:09 PM
 
Location: Tampa (by way of Omaha)
14,574 posts, read 23,131,663 times
Reputation: 10357
The simple fact of the matter is that their failure to file evictions on those who are more delinquent is probably not going to matter at all in your case. This might come into play if you can argue it is based on some form of discrimination that is forbidden by law, but it's a real stretch and would be tough to prove.

Since they've already filed, your best bet is to attack the method of service and hopefully get the claim dismissed on those grounds before it goes any further (and try for a continuance or two before the hearing on your motion to dismiss, just to give you some extra time). If that happens, I'd approach the landlord and attempt an amicable resolution before they re-file. In many jurisdictions (mine included) any eviction filed on grounds of non-payment usually requires that the tenant pay the unpaid rent into the court registry and failure to do so constitutes a waiver of defenses, so if you don't have the money to put into the registry you're simply delaying the inevitable.
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Old 05-29-2015, 11:30 PM
 
33,016 posts, read 27,541,832 times
Reputation: 9074
Quote:
Originally Posted by AZ Manager View Post
If you like it then you should have paid for it. I would like it if I could live someplace rent and consequence free too. Chances are you are late a lot and the LL wouldn't even accept a full payment at this point. Your children don't really matter find a new place you can afford and be on your way.

What if you can't find any place you can afford?
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Old 05-29-2015, 11:32 PM
 
33,016 posts, read 27,541,832 times
Reputation: 9074
Quote:
Originally Posted by carnivalday View Post
I think you know the so very obvious answer to that.

How do you pay money you don't have?
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