Administrator, on 26 December 2011 - 08:20 PM, said:
I am not a lawyer and this does not constitute legal advice: Research says that a formal notice must be filed through the courts which would then be served by a sheriff (this type of eviction takes 5 days from the date of notice). If you go to court to contest it then a hearing date will be set and no eviction can happen until then. if you can do this then you can hold out until your new location is available. Any possessions you have must be stored for 30 days after eviction, so you won't lose your belongings as long as you claim them by then. If your landlord has not yet filed for eviction, then he can not legally evict you as far as I can tell, and if he just comes and tries to kick you out himself without a legal notice (the 'five day pay or quit' as far as i can tell) then the eviction would be illegal and you would have recourse in court.
Your best bet is to wait to be served the eviction, then go to court and ask for a hearing. Once in front of the judge, ask for an extension of time to move yourself out due to your having kids, new home not being available, yet, etc, make the best case you can and hope for the compassion of the court. Even after you move out, your landlord may still file suit in civil court for the rent that was owed, not sure how that works though.
Good luck,
---Sigs
I am not a lawyer and this does not constitute legal advice
Your best bet is to wait to be served the eviction, then go to court and ask for a hearing. Once in front of the judge, ask for an extension of time to move yourself out due to your having kids, new home not being available, yet, etc, make the best case you can and hope for the compassion of the court. Even after you move out, your landlord may still file suit in civil court for the rent that was owed, not sure how that works though.
Good luck,
---Sigs
I am not a lawyer and this does not constitute legal advice
this. even as a landlord, locking you out with kids and all is not the right way to go about it and it lacks human compassion

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