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sassycakez
Dec 29, 2014, 03:47 AM
My question is there anything I can do if I've already been served a notice to vacate?

I'm really in a bad position to get put out in the streets in this weather and I just had a baby via C section and I have a artistic/hyperactive 2yr old and I have many health problems but I was told by legal aid that I had a good case and it should get dismissed but I wasn't able to properly explain or prove my case. I had to bring both kids to court with me and they were both acting up, but I would like to appeal the decision because these people who filed on me have lied to me and just a been taking my money from day one and its not fair I have to be put in such a bad predicament just because I wasn't able to afford counsel.

The judge told me he wouldn't make his judgement in court I would receive it via mail and then I just got served by the sheriff. They told the courts they made some repairs but that court doesn't know that its still isn't working. Its a long drawn out story but basically is there one last thing I can do before having to vacate? Can I stay pending the out come of an appeal?

Fr_Chuck
Dec 29, 2014, 03:51 AM
You merely not providing proper evidence and losing is not a reason to appeal.

You needed to have left kids at home... with someone, got a istter, something.

You needed photos of non repairs, and proof of payments made.

But, at this point, you need to arrange a shelter or other housing.

joypulv
Dec 29, 2014, 04:03 AM
You haven't told us why you were being evicted.
Legal aid gave you advice but wouldn't represent you, I take it?
Were you withholding rent because needed repairs? You can't do that. You can put rent money in escrow with a lawyer.
I'm sorry this is happening, but you need to find a shelter, and you need a social worker who can help you with public housing. Usually there is a waiting list.

AK lawyer
Dec 29, 2014, 08:58 AM
... but I would like to appeal the decission (sic) because these people who filed on me have lied to me and just a been taking my money from day one and its not fair ...

As they say, "life isn't fair". But none of those things are grounds for appeal.



... Can I stay pending the out come of an appeal?

If you can post an appeal bond, you may be able to get a stay pending appeal. But, as I indicated, you don't seem to have grounds for an appeal.

ScottGem
Dec 29, 2014, 10:45 AM
First, any question on law needs to include your general local as laws vary by area.

This is how it generally works. Step 1: Landlord gives a notice to vacate, giving you x # of days to vacate. The number of days depending on the reason for eviction, local laws, etc. Step 2: If you do not vacate by the specified deadline, then the landlord files for an eviction order. This means a hearing at which you can present evidence why you shouldn't be evicted. Step 3 The court denies the eviction order or (more likely) grants it. At which time you will be given a vacate date. Step 5 The landlord hires a sheriff to physically removes you.

It sounds like you are at Step 3. You can try filing an appeal. However, without knowing why you are being evicted, it's hard to know how to advise.