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I have a question about eviction?


Ok I have a issue I moved into a house and signed a lease when looked on my lease it had the wrong address on the lease now I paid my rent for April stuck it in the door along with other papers I need my landlord to sign now on April 23rd I get a 3 day notice so I call her up and she says Oh i must have threw that envelope away call and put a traser on the money order problem is I cant find my reciept so she calls and says pay Mays rent and we will worry about April Later ok so I am thinkin I will pay th rent 925 and she will apply that to april and she will still say I owe rent now today I am sitting at home and my landlord uses the key and just walks in my house at first I have no idea who it was the when i say something he closes the door and says i need to talk to you by this time I am flipping out cause i have no idea who this was at first so what should I do I guess they will file for eviction but I paid my rent and the woman at the office said oh I must have thrown it away

I paid my rent for April and I thought all was fine but on April 23rd i got a 3 day notice for failure to pay I called right away and said no I paid she said let me call you back she checked her books and said I think I may have thrown it away call and have it re issued but now I cant find my reciept I do not wanna pay mays rent because I am afraid she will still say I owe her money and file in court any way I will be out 925 dollars thats alot of money for a single mom I think they might have used it for someone else since my lease has another address on it. So i dont no what to do if they file for eviction people say it takes like 7 days that is really not fair since I paid April rent and they waited 23 days to give me a 3 day notice something does not seem right

They can't forcible evict you until the court hearing has been done and the sheriff manually removes you from the premises. They have no right to do so. They are actually in a world of hurt for entering the premises without 24 hours notice and without permission so you can in turn sue them for this. You need to contact the local sheriffs office (not police dept) and notify them of this so it gets documented. Let them know you just wanted to have it on file so that if there is a court hearing, you have made a case.

Second, the court hearing is usually divided into two parts but before it can even get to that point, the landlord must give you a formal notice. After the notice they will have to file in court for the hearing and a sheriff will deliver the court papers to you directly. If you don't get these, there is no eviction in process. After that if there is one, the first hearing is a negotiation, it isn't even real court to see if you guys can settle on something. Next obviously the person at fault is the landlord for throwing away the payment. Consult a tenant landlord laywer (some will do free consultations first time mostly over the phone) about your situation and see what they can offer as advice. In most states, laws favor Tenants over Landlords and some lawyers will even fight your case for free without having you to pay a dime because they will only get their money if they win because they believe they have a case. Use this in your favor.

Since the landlord can not forcibly remove you from the property, any of your belongings, or even enter the premise without your permission, they can't force you to leave until after the court rules in their favor which can be months later. If she is creating such a hassle, I would stop paying rent and fight it. She can't evict you with just a notice. That said, even with the 24 hour notice of entry into the premises, you can deny entry if you don't want to let them in. You have that right as part of the tenant and landlord law. Some laws vary from state to state so check accordingly but for sure you are in a position where you can argue you are no longer payment rent because you feel threaten that the landlord is evicting you after they loss your payment and is blaming you for this. You do have a case.

humm sounds like the proof of burden will be with you until you find that receipt. Granted they shouldnt of walked into your home and the lease sounds like it has an error, but they probably will file for eviction if you dont find that receipt.

I'm not sure what your question is. Looks like you owe rent for April and May. If you tried to pay for April but your landlord lost the money order, you'll need to show proof of that to your landlord and try to correct the situation and get a receipt. Why haven't you paid for May? If you haven't paid for 2 months, and you can't prove that you tried to pay, it would be expected to get evicted.

One they violate unifrom landlord tenant rights acts by entering the property without 24 hour notice and without making effort to identify if you were there or not.

Two- find your receipt and ask them to issue you a letter stating that "they must have thrown it away" because it is likely in their checking account.

Three check the court records to see if they are in foreclosure

Four have your lease ammended to correct the address.

Five pay May's rent with a Cashier's Check not a money order and start making a photo-copy of the payment.

Six the burden of proof lies in the party filing the claim- if you can prove that you paid your rent- then it is serving false eviction and you can countersue for undue hardship and relocation expenses because it sounds like your landlords are dirt bags.

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