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Renegade70 · Jul 18, 2009, 06:58 PM

I received an eviction notice after the landlord refused partial payment. My wife is disabled, does this affect the proceedings at all? The landlord was just at the door saying the cops would be here tomorrow with an order from the magistrate.

ScottGem · Jul 18, 2009, 07:01 PM

Before a magistrate can issue an order there has to be a hearing. Were you given a summons about hearing?

ballengerb1 · Jul 18, 2009, 07:20 PM

Scott is right so please answer his question. Disability is not likely toaffect eviction for non-payment of rent.

Fr_Chuck · Jul 18, 2009, 07:29 PM

In some courts, if you are or one of the listed renters have a disability, you may get a few extra weeks, but that is only because of the judge, not the law.

But they may be there tomorrow to serve you a summons for court
( unless he already filed before)

Renegade70 · Jul 19, 2009, 08:41 PM

No, I have not received a notice from the court. I have researched the eviction procedure, the question was whether disability affects eviction. And to the one who told me to answer Scott's question, give me time to freaking answer, don't tell me what to write.

ScottGem · Jul 20, 2009, 05:20 AM

Originally Posted by Renegade70

No, I have not recieved a notice from the court. I have researched the eviction procedure, the question was whether disability affects eviction. And to the one who told me to answer Scott's question, give me time to freaking answer, don't tell me what to write.

WHOA! Get that chip off your shoulder! Your reaction was totally inappropriate. We are trying to help you. No one is "telling" what to write. But for us to give accurate advice we often need more info. That comment was merely enforcing that we need to know that information.

As noted Disability may give you some extra time to find a new place, but it will not relieve you of your obligation to pay the agreed upon rent. Nor will it prevent the landlord from evicting you for non payment. The nature of the disability may also have a bearing.

If you have received no summons for a hearing then you have not received an eviction notice. What you probably received was a vacate notice. An eviction is something ordered by the court.

I would suggest checking with your local housing court to make sure a hearing wasn't held.

JudyKayTee · Jul 20, 2009, 06:12 AM

Originally Posted by Renegade70

No, I have not recieved a notice from the court. I have researched the eviction procedure, the question was whether disability affects eviction. And to the one who told me to answer Scott's question, give me time to freaking answer, don't tell me what to write.

Wow - I think I'm bowing out of this because I can only see trouble on the horizon.

Let someone else fight this one out.