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-   -   How can I avoid eviction ? Lost job? No money? (https://www.askmehelpdesk.com/showthread.php?t=324454)

  • Mar 3, 2009, 12:03 PM
    tataka
    How can I avoid eviction ? Lost job? No money?
    I recently lost my job and housing was provided as a condition of employment. My contract states 7 days to vacate apartment. This happened on Feb 12 one day before I was scheduled to go on a cruise paid for over a year ago and I could not cancel with out losing the money. I asked for extended time until March 12 they gave me until March 9 if I pay rent. Well I have 54 cents to my name and no job and 6 days left to find a place to live. How am I suppose to find a place to live with no job ? I have no income, my car is going to be repossed and unemployment when I get it in a week or two is only $257 a week I have 3 kids and no family or friends to ask to stay with or borrow money. I requested my retirement money but the plan is waiting for a signature from my employer. I need this money in order for me to move if I can find a place that will rent to me with no job. So basically I am homeless, jobless and penniless. What do I tell the judge ? I can't believe this is happening to me I have always worked and never have been without food or money. Please give me some direction.
  • Mar 3, 2009, 12:08 PM
    twinkiedooter

    You should have not gone on the cruise for one and taken that time to find another place to live. I don't think the judge will give you much more time, but you can ask. And yes, a lot of people are now going homeless due to job loss. You'll just have to somehow make the best of this situation. Contact whatever welfare agencies in your local area and see what help, if any, they can provide you with. You should also be eligible for welfare monthly cash benefits if you do have 3 kids.
  • Mar 3, 2009, 02:13 PM
    tataka
    Rent charges vrs onsite position different then residents
    Can someone please answer my question its to the best of my knowledge per written contract and public housekeeping law. Property Manager paying twice the amount of rent then other similar units in the building is unfair housing. Residents paid 501.00 when I started and rent is currently 601.00 6 years employed as manager for 3 properties and after hours duties housing was condition of employment. I was charged 1029.00 per month. Contract said to accept 5000.00 housing credit towards monthly rent for similar units in the building or county. My wages were deducted in the amount of 6.37 x 2080 which they added in and then deducted. According to wage law in California it says they can only charge 2/3rds of ordinary rental value or 421.00 per month when I started per my contract was less at the time 380.00 (I recall) upon hire I took a 2.22 reduction in wages a year later they reduced my wages by 1.22 and they were already deducting 2.93 per housing credit this is 6.37 x 2080= 13250.00 paid for rent. This is even more then what the rent at 1029.00 would be. I made less then 16.00 per hour until a month before they terminated me I received a raise twice the amount then I had been granted 2 years before but was never acknowledged until they terminated me. I believe this was to cover there but regarding if a manager makes over 16 dollars hour wage law is not acknowledged. I see it as being charged over 35k more then the residents in the building and my income was lower then anyone who lived there. Please give me some direction and let me know if I can sue for back wages.
  • Mar 3, 2009, 11:53 PM
    tataka
    Do you think I have a case ?
    A company executive reported to my employer many untrue things. She is a director of the service provider and I a property manager. When I was terminated my employer was unable to give me complete details, I was not given a chance to explain or disagree with what this lady said. A couple of examples are (stating she had proof I was at a meeting) I was not at the meeting and I have witness to back me up. (reporting to Hud that the fire system was not working) again not true in anyway. (stating to my employer I was at a new years party at a property ) I have been home with my kids for 20 years I had no knowledge of this alleged party. (reporting to my employer I was advocating for another provider ) a complete lie. This resulted in my termination based on my creditability and professionalism. (reported to my employer that my waiting list needed to be fixed , that it was not properly maintained) she actually told people they were on my waiting list that opened up that was a lying to the public when I asked about the person where she got this information she told me ---- put me on the list last week that opened. This was totally a lie when I confronted her she told me oh this is my company's internal list. This was crap to. She wanted to get her clients on the list and because I would not go against policy she started a mission out to smash me. Because she is a director and I am a manager my company automatic believed everything thing she accused me of. I can't believe a professional would be so insane. She totally bad mouthed one of her ex employees in a company meeting and actually stood up and said my company was the worst managed company she had ever worked with . She apologized and stood up again and stated that someone was messing with capital money at my central office. This is not everything but you get the picture. I have witnesses to almost every incident but again her being an executive do I stand a chance.
  • Mar 4, 2009, 06:47 AM
    JudyKayTee

    Did you have an employment contract? If it is a case of employment at will I see you spending a lot of time and money on this and very possibly losing.

    I would like to see ALL of your threads combined because they all stem from the same situation.
  • Mar 4, 2009, 11:54 AM
    twinkiedooter

    You are going to be evicted if you don't pay rent where you now reside. You have already been given an extra month in which to find another place to live and did not take advantage of that time to either relocate or get another job. Nit picking about what was done to you will not change the fact that you were fired.

    Did you have an employment agreement that you signed? Look at that paperwork if you did have an agreement. If no agreement was signed, you then got fired and must either pay the going rate for the apartment or leave or get evicted.

    An attorney will not take your case on a contingency basis but demand an up front fee to sue the employer for wrongful termination. Right now, you claim not to have any money to do this retention of an attorney.

    You need to start looking into alternative housing for you and your children.

    Also, if you were fired (terminated as you stated above), how do you collect unemployment benefits? Please explain that as I am under the impression that if a person is fired and not laid off their job, they cannot collect unemployment benefits - or does California have different rules than Ohio and Florida have?
  • Mar 4, 2009, 11:59 AM
    Fr_Chuck

    It is very simple, they can not evict without a eviction hearing, this will be based on any written documents

    There is really no way to stop it, unless you can pay the rent due on it now.

    You also don't need to go on a trip, sorry but finding a new place to live or at least moving your belongings into storage so they are not set out on the street would be of first importance.
    Plus you can't afford to go, there are other costs on the cruise, even paid ahead you can expect some extra costs while on board.
  • Mar 4, 2009, 12:27 PM
    twinkiedooter

    Chuck - she went on the cruise instead of stayed home.

    Yes, and I'm sure they will start eviction proceedings against OP shortly and ask for the rent for the month of Feb that was not paid.

    Have you received any 3 Day Notices to Vacate?
  • Apr 16, 2012, 07:36 PM
    kpyrhdp0912
    Maybe next time you will wisely save your money for any potential hard times in the future. A penny saved is a penny earned. And why do you have a car that is about to be repoed. Never should have had a car that you couldn't afford unemployed. Sorry don't feel sorry for people with terrible money management.
  • Apr 17, 2012, 12:03 AM
    AK lawyer
    Quote:

    Originally Posted by kpyrhdp0912 View Post
    ... A penny saved is a penny earned. ...

    And this thread is from about the time Ben Franklin first wrote those words.

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