Nonpayment of rent, eviction court hearing

[pamkay414]

Good evening again. I now have PROOF that it was my landlady who was the one who put the papers for a court hearing next week as her signature clearly is on the front of the envelope and matches the handwritting of the other envelopes. So being that I was not properly served even though it states in the papers that the papers were taped to the door (which they weren't) nor were they given to anyone who lives here I am under the impression that this eviction process will not be able to stand up in court. Although I may be wrong but I know that my landlord or her husband was the one who put the envelope in my mail box tonight as no one knocked on my door and when I went to my car to get the groceries there was the envelope with her handwriting on it. She is not allowed to serve the papers as she is the one suiing, correct?

Hopefully she will call me in the morning and we can work something out. Being that I have section 8 and my inspection is for next week on the same day as the eviction trial I am going to call the inspector tomorrow and tell him to come out and look at the place sooner if possible. I never reported my landlady for the mice infestation or not making the repairs in a timely manner and I don't want to lose this place as it is fairly affordable if child support would only take out what is ordered and not twice as much (a computer generated error and I am waiting for a refund of that amount shortly hopefully which will go to the landlord too).

I know I am rambling, I am panicking. I know my responsibility is to pay her for my place. I feel horrible and embarassed to be in this position but I do believe this will now be dismissed as she obviously was the one who served me and not the person who came out here knocked on the door once and didn't leave the papers. I also believe there has to be an order for a KNOCK AND NAIL in order for the papers to be "nailed" on the door although of course I could be wrong about that as well. I am a severe victim of DV and don't answer my door to anyone and am going through a lot due to PTSD from the assault I suffered last July which is now exacerbated because of all of these recent problems.

Anyway, please give me any ideas other than showing up to court which I am going to do anyway. I am not proud or happy about this. I tried and failed miserably being that too much was taken out of my checks for child suppport causing all of my bills to be late and my rent is the one which is the most important.

Thank you for taking the time to read my long drawn out posts. I hope someone can give me some ideas about what else to do. I am hoping she will give me one last chance and I will get help from HRA for the rent in the meantime before court. It does appear though that I was not properly served.

Thanks for your help.

 

[Gail_in_Georgia]

No; in many states an eviction notice can be served by a private party. Happens all the time.

You need to look at this logically. You owe rent, you don't wish to leave and yet you're thinking of calling to have the inspection done early so you can point out the mice infestation? And what, exactly, do you think that would accomplish? If the unit fails the inspection because of this, it is no longer covered by Section 8 and you'd either have to begin paying the full rent or get out.

Gail

 

[pamkay414]

Please note that the respondent (tenant) must be given 5 full days notice and no more than 12 days notice. If the papers are handed directly to the tenant (personal delivery) the 5 day period is counted from the actual date of service. If the papers are served on the defendant by any other type of personal service, the 5 days are counted from the date the papers were filed with the court along with proof of service.
A copy of the papers must be served by someone over the age of 18, who is not a party to the action. Service must be in full compliance with the law and proof of service must be filed with the clerk within 3 days of effecting service.

According to the NYS court website I was not properly served as per what I can see. They can't just be left in the mail box and the process server swears on the affadavit that he AFFIXED THEM TO THE ENTRANCE DOOR... That is nothing but a lie and time will tell what will happen. she was ordered by Section 8 to rid the place of mice last year, never did and my inspection is for the day I go to court so the inspector will have to come before I go to court earlier in the week. Time will tell.

Thanks for your opinion. Have a nice day.

 

[Gail_in_Georgia]

I can only wish you luck with your arguments at the court hearing...

Gail