eviction issue

[bmichaud76]

We had a verbal agreement with our landlord to catch up on back rent. However, he filed court papers for eviction anyways. I was the only one that signed the lease (my husband did not sign it) allthough he is listed with my children. The only person who was served eviction papers and the only person listed on them was my husband. My name was no where on the papers. Is this sufficient enough to evict us or would he have to start over and have myself and my husband served?

 

[Gail_in_Georgia]

Any adult who is listed on the lease can receive the eviction notice. Many times (in the case of a married couple) a landlord will put only one name down as the more people listed the more it costs to file.

Please look over what you received from the court. If you have not had a hearing, this is not the actual eviction notice but rather notification that your landlord has filed for eviction. The paperwork should explain what your next step should be.

If you do nothing, the landlord is typically granted the request for eviction. If you answer the notice (following what is written on the notice), a hearing is set up (you will be notified of where and when) where both sides can present their case to the court.

What state do you live in? Can you come up with the owed rent by the time of the court hearing? Many states allow the eviction process to be stopped at that point (although you would likely also owe for court costs).

Gail

 

[bmichaud76]

We live in Maine. We will have to go to court this Tuesday and we will not have the entire rent due at that point just the portion the landlord verbally agreed to prior to filing for eviction. We had agreed to give him x amount of dollors every 2 wks til it was paid off. Not the answer I was hoping for cause we were hoping to buy more time til it was paid in full, but we appreciate the help. Thank you.

 

[Gail_in_Georgia]

When you go to court, have a payment plan that you can present. This is not saying that the judge and landlord will accept this but they may.

Gail