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Is this considered an eviction?

Having a dispute with a tenant or landlord? Rental Law discussion

Is this considered an eviction?

Postby gabrielo19 » Mon Nov 21, 2011 5:10 pm

it was Nov and because of the holidays my money was short. I let my landlord know I did not have the complete amount of rent. He was upset and said I had time to get the rest by the 1st. When the 1st came sent me a letter that asked will I have the money by the 3rd if not I had 2 options leave by the 7th or go to court. I did not want to go through the hassle in court so I let him know I was moving out on the 5th. He said it was fine and we left it at that. When the 5th came I woke up early, rented a uhaul and started moving out. Then my landlord said I had 2 hours to leave because his brother was moving in. Then I knew why he told me to leave. I turned in my keys left the apartment clean and took pictures of it. Now that i moved to tx I find out i have an eviction and a missed court date by that landlord for unpaid rent. Now no one wants to rent me and I need an apartment ASAP! What should I do? he never went through the process of giving me a letter of a court date or a sheriff coming to evict me. I thought we were good since I left when he told me. And I did not stay dec. Plus he kept my 1200 deposit. Please help me what should I do? I didnt even think it was considered an eviction. I thought an eviction was when you refuse to leave and not pay.
gabrielo19
 
Posts: 13
Joined: Fri Apr 01, 2011 1:10 pm

Is this considered an eviction?

Postby nickson » Mon Nov 21, 2011 5:12 pm

Yes, you were evicted. You owe him money still. You left, but you refused to pay, this is what happens.
nickson
 
Posts: 20
Joined: Fri Apr 01, 2011 4:00 am

Is this considered an eviction?

Postby dennie18 » Mon Nov 21, 2011 5:16 pm

it sometimes takes forever to set up a court date, that may be why he had one.. giving you the option and already having one in place if you said lets go to court..

you might try calling the counrty clerks office and asking what to do to get this off your record.

evictions are when he gave you the option to leave or stay or go to court..the law does not have to get involved..
dennie18
 
Posts: 13
Joined: Thu Mar 31, 2011 11:58 am

Is this considered an eviction?

Postby abraham90 » Mon Nov 21, 2011 5:17 pm

Now no one wants to rent me and I need an apartment ASAP....how are you living--under a bridge?

with relatives?

I know you got none of the LL's assurances in writing.

YOU did not miss a court date because you were not served. YOU were not served because
you were not there. A court date requires service. He thought --thinks he has you over a barrel.

...I didn't even think it was considered an eviction. I thought an eviction was when you refuse to leave and not pay....

he is claiming that you were properly served. YOU were not there to be served.
To cure this, you need to do 2 things;

a take 2 weeks off of your job........go to court and appeal the judgment. If the court will
mot read it you must go to mediation at SUPERIOR COURT. YOU are granted mediation when
you go to court seeking an appeal of a small claims court judgment. HE is positive that
will never happen.
----all this cause he fibbed and you spent rent on Xmas.

When medication knows you were not served correctly and that you have the money......
the judgment will probably be removed, your credit restored, etc.

IT will be worth it to you to go through this to make the bully NOT win.

otherwise, this stays with u 5 yrs
abraham90
 
Posts: 19
Joined: Sat Apr 02, 2011 1:53 pm


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