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babychica_21
Jul 10, 2008, 08:35 AM
OK my landlord handed me a 5 day eviction notice saying that I have broken numerous lease agreements and I have 5 days to get out. I have three kids and I am behind on rent but I have been paying my rent and back rent for awhile now and have fixed leaks in my seeling wholes in walls etc.(stuff that I have asked her to fix numerous times) and then she hands me this with no specifications what so ever. Do I really have 5 days or is there something I can do to get a little more time to get another place?

N0help4u
Jul 10, 2008, 08:39 AM
This link has the amount of days an eviction has to be for each state (some could have changed)
http://www.thelpa.com/free/statenoticechart.pdf

If you pay up then she can not evict you.

You can also turn her in to the board of health or somewhere for not fixing the place.

rockinmommy
Jul 10, 2008, 08:02 PM
The 5 day notice, even though it says you have 5 days to be out, actually means that if you're not out in 5 days they'll file an eviction case. You'll be served within a couple of days of their filing. There will be a hearing date. Typically at least a week away, in some places as long as a month away. If you don't show at the hearing they'll receive a default judgement. Then you normally have a week to 2 to get out before the sherriff or constible or someone show up, makes you leave and lets the LL change the locks. The time frames differ a lot from place to place. I'd say if you do nothing you'll have a minimum of 3 weeks before they show up to throw you out.

As far as paying up. That varies too. In some states the landlord has to accept payment if it's offered. In some places the landlord can accept the money and still have you evicted. And in some states they can just decline the money and have you evicted - even if you're standing there in court with the full amount ready to hand over. Also, you mentioned that she sited multiple lease violations, not necessarily non-payment. So if there are other infractions she may be going that route instead of the money. Unfortunately, if she's coming after you, you're allegations about the stuff she hasn't attended to may well fall on deaf ears. I've sat through eviction hearings where the tenants lived in deplorable conditions that the landlord wouldn't correct, but because they didn't pay their rent the judge didn't give them the time of day. Also, the tenant typically has to have written proof that they requested repairs in writing. Then if the landlord still did nothing you might gain some ground.

HTH