[alysia24]

I'm not sure if I can take my landlord to small claims court for this issue. My rent is due of course on the first of every month. On the night of the fourth my landlord came to my door and asked me if I had put in my rent in the mail. I told him no I was waiting for my check. He then handed me a 3 day notice. I waited two days hoping my check would come in the mail but it didn't so I decided to call my landlord (7th) and let him know what was going on. I told him I was currently on disability and was waiting for my 1st check and it was to come in 2-3 days my landlord says that's fine and he is willing to take the rent as soon as I get my check in the mail he told me don't worry about anything just make sure you're doing okay. On the 8th around 6:00pm the landlord calls me and asks me if I had gotten my check I informed he that I still haven't received it. He then tells me that he needs me to pay him the rent that same night or he will evict me. I told him I had no money he told me he would give me two hours to at least come up with half. Two hours past and I wasn't able to come up with half only 250 of the 800. He called me back at eight and I told him I couldn't come up with enough money until tomorrow, he then told me that he would give me until tomorrow to pay the rent or else he would go through with the eviction. I told him I will come up with the money tomorrow. The next morning I called him around 11:00am and told him I had the rent money he told he was sorry and said he went through with an attorney to file a summons and it was too late. I asked him what had happened to our agreement and he simply said he couldn't wait any longer and needed the money he gave the option of vacating the apartment in two days or else he would continue taking legal action. He told me it had cost $434.00 to file the summons and it would be costing more if he proceeded. He told me if I wanted the process to stop I would have the pay the rent plus a late fee plus the cost of the summons and an 85.00 fee to stop the attorney. I told him I wanted to see proof of all the costs he refused and said he was going to file through with the eviction and he told me it would ruin my credit and I probably wouldn't be able to to rent another apartment. He basically told me the best option was to just move out in te two days. He did tell me he is keeping my full 800.00 deposit. Can he do that or can I take him to small claims for my deposit and also for what he did about the payment arrangement.

[jordan1989]

Absolutely not! I've watched countless episodes of Judge Judy, more than enough to know that the law requires landlords to give a 30-day eviction notice. They can't just kick you out right on the spot!

[Fr_Chuck]

Your landlord can sue you for the current months rent, and if you are on month to monty, most likely next month also plus any damages,

You can sue for your deposit back

And no sorry they need to watch some real court not Judge Judy but depending on your state, a notice for eviction for non payment in many states are between 3 days and 10 days.

30 days is to evict for other than payment issues.

[lalamail]

First off you need to have a proper savings... and always be able to pay on the 1st! But still he cannot evict you, he lied to you. You should have been smarter and CALLED THE POLICE? WHY AREN'T YOU CALLING THE POLICE AND FILING A REPORT? You should have contacted the police on the 4th and told them that he was going to throw you put! Again... contact your landlord and tenant board. Don't know where you live in canada or the u.s. because in canada its 60 days notice and a tenant can fight it! But in the u.s. its 30 but you still have rights!

[joypulv]

This is not a police matter. It would be if the locks were changed or you were physically removed.
I'm sorry you didn't arrange for automatic deposit of SS into a bank account. None of this would have happened.
Now I assume that the landlord is going to proceed not only with the eviction but also the costs, which he will have to sue you for.
You can wait out the eviction or leave.
Personally I would beg forgiveness, arrange direct deposit, and ask him if you can arrange direct deposit of rent from your bank to his on the third of every month (if that's when your SS is issued).
But still also pay his costs. Ask if you can do it over 6 months.
Be apologetic but with a plan.

[AK lawyer]

Absolutely not! I've watched countless episodes of Judge Judy, ...

You are joking, right? Funny indeed. :)