Eviction papers put in mail box, not served personally

[pamkay414]

I have been having a lot of problems paying my rent. I have kept in contact with my landlord and have let her know my problems. It has only continued to get worse. I am now in trouble and owe her over $1800. I have made a good effort and can't come up with the total amount but I have an appointment with social services to help with the rent and hopefully they can. I left a message on her phone tonight when I received this in my mail box pleading with her to give me some more time to pay this. My daughter is in a group home and will be coming home by court order a week after the eviction trial date, June 18. If I am evicted they will not let my daughter return to my home. I work at home and am doing my best but right now my pay is being garnished more than the original garnishment amount for child support for my daughter. I am trying so hard and have no luck with anything.

What can I do aside from coming up with this money in hopes of my Landlord accepting the payment and cancelling this if it can be cancelled? If I pay her something now and I do not receive it back (if she doesn't refuse the money) then the eviction will be null. I will make any effort possible, a promissory note, and need to keep my home. It is infested with mice and the ceiling has fallen in and I have never reported her. She had the work man fix the ceiling but it's not all the way fixed. And the mice are all over. I know I have a responsibilty for the rent and I am panicking here.

Please advise me and tell me what to do. I am going to send her something via money order tomorrow and hopefully she will acept it. I am frantic that I will lose my home. I am in trouble with all of my bills because of the huge amount that child support has taken lately more than twice the ordered amount and I had to pay $450 to the electric company Wednesday to keep my lights on so I can work and try to maintain this housing for me and my younger children, who are toddlers.

I am going to hope and pray that my landlord calls me tomorrow and lets me have a chance. I have section 8 and I am wondering if they are some kind of help or protection to me.

 

[Gail_in_Georgia]

I'm guessing that what your landlord simply wants is the rent and that's really the bottom line here.

Depending on the state you live in (and I wish folks were required to list their state in their postings since laws can vary so much from state to state) acceptance of partial rent can stop the eviction process. Before you go ahead and send the money, I'd contact the landlord and discuss whether they would accept partial rent.

No offense but if you are Section 8 which often pays a good portion of the rent...and yet you are $1800 behind in the rent, it's likely we're talking about a considerable amount of time that you've not kept up with the rent.

Gail

 

[pamkay414]

No offense taken and you are not correct to assume that section 8 plays " a good portion of the rent..." They are paying $161. The rent is $900 and I pay $739, so I am paying the larger part as it goes by income.

I am in NY.

In the research I did last night I do believe that she also is in the wrong as she lists the rent as $900 and doesn't mention section 8 and that was something that I found when I was searching last night.

I paid what I could of the rent but the child support got to my check before I even saw it. Hopefully this will be resolved soon and the correct amount of child support can be taken out instead of twice as much, which is in itself illegal. I am expecting a refund which will be sent to her when I get it.

Thanks for your post.

 

[Gail_in_Georgia]

One of the things benefiting you is that New York tends to be a very tenant friendly state in terms of evicting someone.

You also indicate that you are expecting a refund on the child support that you have been paying and that this will be used to pay the back rent. Hopefully by the time of the eviction hearing you will have access to these funds and can prove this to the court.

Good luck...

Gail

 

[pamkay414]

It will take a while to get the refund but I have had contact with a child support rep who emailed me as well as called me and in the email she stated that she issued a "termination notice for the overpayment" to social security and when that money comes in it will be going straight to the landlord.

Have a nice day and thanks again for your responses.