Ask Me Help Desk - Landlord evicting us,put wrong address,( live in duplex)

Hope I do not confuse anyone, I need quick answer as I have until Jan.4,2009 to
Leave( red tag ) here where I'm confused.
Landlord served 3 day notice on Dec.15. Later found out that 3 day notice was not valid, he counted weekend as the 3 days. We came home one day to find Papers in my neighbors door, ( live in duplex ) being nosy I looked, there was our name, eviction
Date, but with wrong address. I took them, Court was scheduled for Dec. 29. We planned
On going to get eviction dismissed, however car trouble and we were stranded.
My question is, How can I do anything about this, If I hadn't seen the papers I would have been unaware of court date. Also the mailman delivered the mailed papers, even though
Had wrong address the mailman was observant and put the mail in our box.
Since I didn't show up at hearing what are my options?
I mean if I let this go, and didn't bring this to anyone's attention my neighbor would be
Getting a knock by baliff to set their belongings out..
I have 3 children, we owe Decembers rent, My husband hasn't worked since Dec 1. 2008
I pay the rent, I'm not arguing the eviction, only I am not prepared to move, and need
Time...
Please advice to my legal options, if any..
Thank you in advance
I live in columbus, Ohio.

I don't know your legal options, I'm not a lawyer. It sounds like the landlord made enough mistakes that if you got a lawyer you could fight it, but I'm guessing if you don't have cash for rent, you probably don't have cash for a lawyer. If there is a legal aid office, I'd call them. I'd also call your city hall, see if there is any way to delay this, maybe due to cold weather or the fact that you have kids. Maybe children and family services. I would get on the p hone and call every bureaucracy, city agency and charity legal organization I could find on Google, and hope one of them will help you.
Don't know what your relationship to your landlord is. Can you call him and talk to him, explain your situation and ask if you two can come to some agreement? Do you really have the means to move in 2 or 4 or 6 weeks? Can you give him anything towards the rent to show good faith? Make a payment plan or something? I think sometimes landlords get worried they will be stuck with a non paying tenant for 6 months if they let things slide at all, so they get overly aggressive. I'd say if you call him as soon as you know you will be late, it would go a long way to rebuild trust. But maybe it is too late for that.
At any rate, you only have a couple of hours until everything shuts down for the holiday, so I'd get on the phone.

Quote:

Originally Posted by rossrieser

Later found out that 3 day notice was not valid, he counted weekend as the 3 days.

Wrong. The notice is still valid, it can be given on any day of the week. Not sure where you're getting "the weekend as 3 days" deal from either; my calender shows the 15th to be a Monday.

Quote:

Originally Posted by rossrieser

We came home one day to find Papers in my neighbors door, ( live in duplex ) being nosy I looked, there was our name, eviction
date, but with wrong address. I took them, Court was scheduled for Dec. 29. We planned
on going to get eviction dismissed, however car trouble and we were stranded.

A 3 day notice is usually given when you're behind on rent, not just because the landlord doesn't want you there. Just showing up doesn't dismiss the case; you can argue your side of it but you didn't show up for court

Quote:

Originally Posted by rossrieser

My question is, How can I do anything about this, If I hadn't seen the papers I would have been unaware of court date. Also the mailman delivered the mailed papers, even though
had wrong address the mailman was observant and put the mail in our box.
Since I didn't show up at hearing what are my options??

You can file to have the hearing dismissed due to non-service, but that's about it.

Quote:

Originally Posted by rossrieser

I mean if I let this go, and didn't bring this to anyone's attention my neighbor would be
getting a knock by baliff to set their belongings out..
I have 3 children, we owe Decembers rent, My husband hasn't worked since Dec 1. 2008
I pay the rent, I'm not arguing the eviction, only I am not prepared to move, and need
time...
Please advice to my legal options, if any..
thank you in advance
I live in columbus, Ohio.

The sheriff would not have thrown your neighbors out, as they haven't had an eviction placed against them. You might get it dragged out a bit longer if you ignore it, but all your landlord is going to do is go right back to court and correct the address s/he filed with.

Quote:

Originally Posted by rossrieser

Hope I do not confuse anyone,, I need quick answer as I have until Jan.4,2009 to
leave( red tag ) here where I'm confused.
Landlord served 3 day notice on Dec.15. Later found out that 3 day notice was not valid, he counted weekend as the 3 days. We came home one day to find Papers in my neighbors door, ( live in duplex ) being nosy I looked, there was our name, eviction
date, but with wrong address. I took them, Court was scheduled for Dec. 29. We planned
on going to get eviction dismissed, however car trouble and we were stranded.
My question is, How can I do anything about this, If I hadn't seen the papers I would have been unaware of court date. Also the mailman delivered the mailed papers, even though
had wrong address the mailman was observant and put the mail in our box.
Since I didn't show up at hearing what are my options??
I mean if I let this go, and didn't bring this to anyone's attention my neighbor would be
getting a knock by baliff to set their belongings out..
I have 3 children, we owe Decembers rent, My husband hasn't worked since Dec 1. 2008
I pay the rent, I'm not arguing the eviction, only I am not prepared to move, and need
time...
Please advice to my legal options, if any..
thank you in advance
I live in columbus, Ohio.

Not having received the papers if you hadn't snooped is not a legal defense. You DO have the papers and were aware of the Court date so unless you plan to go to Court and lie bad service is not an option. The nail and mail was followed up with regular mail so you've been served.

And, no, the bailiff - I think you mean the Marshalls or Sheriff - wouldn't be knocking at your neighbor's door with the eviction papers because the eviction would be granted by name, not by address. Her name would not be on the eviction papers.

When you couldn't get to Court did you call and explain you had car trouble, ask for an adjournment or at least a postponement until you could get there?

Inability to pay - and you already know this - is not a defense. It would appear you have been legally evicted.

There have been cases in Ohio when the Sheriff has refused to evict tenants in Winter, specifically calling such actions "heartless," but there is no law against such evictions that I can find.

Your best bet at this time is to try to strike a deal with the landlord - although now that he has formally evicted you he may not want to take a chance that you will get behind in your rent and he will have to go through the proceeding again. I would call him and see if you can make arrangements.

Otherwise, I suspect you will be evicted.

I see no legal recourse for you as I believe you were served legally and in the Court's eyes you failed to appear and make your argument against eviction in the Winter at that time.

Quote:

Originally Posted by bryantfurnacer

I don't know your legal options, I'm not a lawyer. It sounds like the landlord made enough mistakes that if you got a lawyer you coudl fight it, but I'm guessing if you don't have cash for rent, you probably don't have cash for a lawyer. If there is a legal aid office, I'd call them. I'd also call your city hall, see if there is any way to delay this, maybe due to cold weather or the fact that you have kids. Maybe children and family services. I would get on the p hone and call every bureaucracy, city agency and charity legal organization I could find on google, and hope one of them will help you.
Don't know what your relationship to your landlord is. Can you call him and talk to him, explain your situation and ask if you two can come to some agreement? Do you really have the means to move in 2 or 4 or 6 weeks? Can you give him anything towards the rent to show good faith? Make a payment plan or something? I think sometimes landlords get worried they will be stuck with a non paying tenant for 6 months if they let things slide at all, so they get overly aggressive. I'd say if you call him as soon as you know you will be late, it would go a long way to rebuild trust. But maybe it is too late for that.
At any rate, you only have a couple of hours til everything shuts down for the holiday, so I'd get on the phone.

Thank you for the help Bryant. Seems I'm not having much luck with the holidays right around the corner. You are correct, I do not have the money for an attorney,besides, I don't have enough time to do anything.
Have been late on rent before, Have always paid him, but he wants the money of course.
I have been online for days,trying to find information, made calls, either I'm told to call someone else, or calls are not returned.. So...