[tljohnson]

I live in las vegas. I didn't pay my rent this month. I received the 5 day notice. Spoke to my rental ofc, they gave me more time, but I couldn't pay. Today, (31th) I came home and the notice was on my door. It says they will be back in 24 hours to lockout. I get paid on the 3rd.. and have a plan to get caught up by midmonth. My father passed away, so I had to file probate, get an attorney. Cut things too close. This is the first time I have ever been evicted, always been employed.. I'm 49, sitting here basically blank.. Is the anything I can do to stop this?

[ballengerb1]

If everything you have told is is correct the lockout would be illegal. They could, at this point, go to court and get an order for eviction but that all takes time. This sounds like a bluff. However, don't wait until midmonth to get caught up if you are paid on Feb 3 rd, pay then.

[smoothy]

Borrow the money from someone and pay them back later... get current with your landlord first.

You were served with a pay or quit... that was the 5 day notice... after that they can file to evict you and refuse to accept further payment...

The lockout seems way to soon, because I thought only Florida had a two week notice for eviction, its 30 days most places except parts of California... and even then it technically has to be processed through a court and then enforced by a Sheriff. They can't simply lock you out.

I assume you had a lease and its your own place and you aren't crashing at a friends place.

[ScottGem]

Did the eviction come from a court? Did you get a summons and notice of a hearing? Unless they got a court order in which case you should have been notified and attended a hearing, they can't lock you out. If you ignored a hearing that's another matter.

[tljohnson]

Let me clarify... on 1/1 rent was due. On 1/6 I received a 5 day quit or pay. I called them, told them of my situation. Stated I could pay by following paydate. They said OK. However, on payday I have to pay for the retainer for attorney
I couldn't get around it, had to pay it
In the mean time, I previously tired up credit card paying my fathers home bills while trying to get probate started. He had a mortgage, died without a will. Had I of been thinking, I would have figured out my shortfall in cash situation
But his death, probate dealings, had to pay for cremation( or no death certificate) perfect storm situation
Anyway, I couldn't paO, they wanted full amount. So I have kept in contact. But I just didn't have the remainder. So... tonight, the notice is from the justice court. Signed by a judge. Ordered, decreeded, 24 hrs for the constable to remove me with force. Etc...

If everything you have tol is is correct the lockout would be illegal. They could, at this point, go to court and get an order for eviction but that all takes time. This sounds like a bluff. However, don't wait til midmonth to get caught up if you are paid on Feb 3 rd, pay then.

[ballengerb1]

"could pay by following paydate." what date was that?

[tljohnson]

Sorry for spelling errors.. I am on my phone. No I never received summons or anything. Just 5 day pay or quit on the 6th. Then today the court document posted door... 24 hrs constable can remove me. The document says Order for summary eviction non payment of rent. Case number.. etc..

[tljohnson]

Oh sorry... I said paydate 22nd.

[Fr_Chuck]

So yes, in 24 hours if you don't pay they will set you out.

1. you should not have paid fathers house bills, and paid your own and worried about his bills.
2. can you not just move into fathers home at this point ?

But you need to go borrow the money and pay the rent, if not your belongings will all be sat on the street and gone soon

[tljohnson]

This is my apartment. Ive lived here 3 years. This is my fault I know. I just wasn't thinking, and also I should have stepped back and thought about my bills first. But, I didn't want his house to fall behind, and once probate is over, I will get my inheritance...
I don't have many friends outside of work, and putting my daughter through college, she finishes in March. I tell you what, Ive been living very lean in terms of setting aside much savings, too a hit moving here years ago. So I know this is my fault, which is why I feel so stupid, and shocked this is happening. I just didn't know if there was anything I could do. I thought when I saw this I could go to court, and maybe explain, ask for a week more to get caught up...

[tljohnson]

My fathers home is in Atlanta, I am in vegas. I went and looked at the court site. They said the apt complex will store my things for 30 days? That's not true? Oh geesh... what have I done?

[ScottGem]

The FIRST bill you ALWAYS pay is to keep a roof over your head. Your father's bills were not as urgent. Especially the attorney, since he knows he will get paid from the estate.

But that's water under the bridge. You need to show up in court this morning and see if you can get the order vacated or postponed because you were not notified of a hearing.

If you can't you will be locked out. Its possible, that local law requires the complex to store your things.

[joypulv]

Ask the lawyer to get you a small distribution now, if your father left enough cash assets in his bank. I was able to get enough for a large oil delivery to my dad's house, about comparable to rent.