We've been sent an eviction notice...!!!

Colin · #81 Postby **Colin** » Thu Aug 21, 2003 9:34 am

Hopefully that 1 place will let you in man...I got you covered!!

#82 Postby **streetsoldier** » Thu Aug 21, 2003 10:06 am

Just received responses from United Way, DAEOC and FHEO (Federal Housing/Equal Opportunity)...each in turn said they have no funds, can't help us. Still waiting for Legal Aid to let us know if they will take our case, and no word from the Housing Authority at this writing.

#83 Postby **Stephanie** » Thu Aug 21, 2003 11:25 am

streetsoldier wrote:Well, I just called one of the prospects this morning..."Nah, I don't want to rent that apartment to you...don't want the bugs."

We only have one more place to see, this afternoon.

This is terrible Bill! I hope the one in the afternoon will be your new home!

#84 Postby **streetsoldier** » Thu Aug 21, 2003 11:31 am

We got a call from a landlord who WILL rent a small house...that's the good news.

However, the state Masonic secretary called and informed me that there is no money with which to assist us...they are over budget for the year.

I have updated our application at Modest Needs .Org just now...Debi is crying in the next room...I don't know what to say to her...

#85 Postby **Stephanie** » Thu Aug 21, 2003 11:51 am

streetsoldier wrote:We got a call from a landlord who WILL rent a small house...that's the good news.

However, the state Masonic secretary called and informed me that there is no money with which to assist us...they are over budget for the year.

I have updated our application at Modest Needs .Org just now...Debi is crying in the next room...I don't know what to say to her...

Sometimes a hug helps just as much as a word or two. You are both in it together - reassure her of that, but she also has to be there for you as well.

I'm glad to hear about the house...maybe you can work something out with the first and last month's rent payments.

#86 Postby **streetsoldier** » Thu Aug 21, 2003 1:45 pm

She is inconsolable...she said that, other than Storm2K, all our other contacts and potentials seem to "want to kick us in the kidneys and watch us squirm"...she is in NO mood for reassurance.

I have to be the "strong one"...as always.

#87 Postby **Stephanie** » Thu Aug 21, 2003 1:52 pm

Well, I can understand her anger.

Crying and not being in the mood to be reassured doesn't mean being weak though. A strong person does and SHOULD cry to relieve stress, etc. What you guys are going through now should generate alot of tears (I know it would on my end).

Just keep talking to one another and LISTEN to what each other is trying to say. That helps to build emotional strength.

#88 Postby **streetsoldier** » Thu Aug 21, 2003 2:49 pm

That house we were told that was available? We didn't get back to him quickly enough; he rented it to someone who had "cash in hand", and another major potential source of funds caved in within the last hour.

We only have one more place to see...a townhouse apartment this afternoon. A sense of desperation has descended upon us. PLEASE keep us in your prayers...PLEASE.

furluvcats · #89 Postby **furluvcats** » Thu Aug 21, 2003 4:04 pm

Bill, I am sickened to hear of your troubles. Have you contacted your church for help in locating a home and or assistance? Though I am not Catholic myself, I know many Catholic churches have the resources to help those in need, such as yourself. I'd offer you rooms in my own house, if we lived remotely close to one another. You have my prayers, and my heart is heavy for you and your family.

#90 Postby **coriolis** » Thu Aug 21, 2003 7:19 pm

I looked up information on Missouri Landlord Tenant Law.
Here's a couple sites:

http://www.ago.state.mo.us/pdfs/landlordtenant.pdf

http://www.moga.state.mo.us/statutes/c441.htm

The first one is a very brief brochure, the second is the actual Missouri law.

Bill, in case you did not investigate the legalities of all this: I understand that you got the eviction notice. Was it just a notice from the landlord, or was it a notice that an eviction lawsuit has been filed? The information in the first site says that a landlord can not evict you without a hearing. It doesn't say anything about a 15-day notice.

I browsed thru the law and still didn't see anything that allows your landlord to do what she did. The only thing I saw was a provision to allow her to terminate the lease with a 30-day notice. That even applies to a month-to-month lease, and an oral lease.

It appears that the landlord must take you to court in an eviction proceeding. There would surely be a time frame due to getting a hearing scheduled. At that time you can present your side. From what you said, she violated either the terms of the lease or even the law. She must get a judgement, and then there is a time delay before she can actually take possession.

Also, I did NOT see anything in there about you having to pay court costs and attorney fees. Was this in the lease, along with the 15 day notice? If so, these provisions may be illegal.

You could also call around to private attorneys. Some of them will give an initial consultation for free. It often says that in their ad in the yellow pages. Some attorneys also do pro-bono work.

You may have a case. You may be ok to refuse to vacate, and tell her to file suit. By the time the court date is scheduled, legal aid may come around, and your end-of-the-month checks would come in.

Even if by some technicality, you have to pay court costs and attorney fees, it would be in the form of a judgement, and then there are options to make payments.

From what I saw, the only way they can evict you without the court proceedings and the specified time frame, is if there is illegal activity in the premises.

If push comes to shove, I say FIGHT IT. At least talk to an attorney. I'm hopeful that one of them would give you that free initial consultation.

You could also play the "veteran card" or the "disabled card." You could call the state human relations office and claim discrimination. That may seem a little unseemly, and a desperate move, but if she's playing dirty, then use all your weapons.

There is a provision that a building can be decared a nuisance. Then the local authorities step in and make the owner's life miserable. If it's bug-infested, mention that to her.

I think that you should be able to buy some time and the most it may cost you would be the continuing rent while you are still there.

I think that your landlord is blowing smoke and trying to intimidate you into vacating with a short notice.

#91 Postby **Stephanie** » Thu Aug 21, 2003 7:47 pm

Great research Ed! I hope that this will be able to win them a reprieve at the very least.

#92 Postby **streetsoldier** » Thu Aug 21, 2003 8:10 pm

Thanks, coriolis!

The notice was sent to us by a law firm representing Collins Development; she is claiming that the pest infestation is a violation of the "public nuisance" provision, which includes, but is not limited to, parties, noise, etc., and a further provision that we, as "Tenant" keep the apartment in good and orderly condition which does not violate sanitary or other city ordinances. NO mention of a hearing was noted, but the heading of the lease, signed in 1999, is "This is a legally binding document"....unless, of course, it can be shown to violate Missouri Statutes or Federal law.

The church where my son goes to his Youth Group has arranged for us to speak to a private attorney at no charge...maybe he has some ideas.

The big point of the complaint is "our word against hers" re: notification of infestation over a year ago...and a simple subpoena of our phone records will show repeated calls to her office, and I can testify as to the nature of said calls...I made all of them.

We did see a BEAUTIFUL apartment tonight...the paperwork has been completed, and he will get to it by Monday, with a decision by the City of Sikeston and himself by midweek (apparently, this is a cooperative thing between the City and ceratin landlords).

weatherlover427 · #93 Postby **weatherlover427** » Thu Aug 21, 2003 8:20 pm

Goodness Bill! :cry:

I am also saddened by all of your troubles recently.

I am going to say an extra special prayer tonight.

I promise.

Guest · #94 Postby **Guest** » Thu Aug 21, 2003 9:15 pm

Bill I wonder if it would help if perhaps Ed or some of our other "law" savy members can look at the notice you got and give you more advice. At this point what do you have to lose?

Patricia

#95 Postby **coriolis** » Thu Aug 21, 2003 9:17 pm

Here's a follow up thought:

You let your landlord know that you've had legal advice and that you know that you have a right to a hearing, implying that the process could drag on for months. You can assert that the landlord failed in her responsibilities under the law. That should guarantee you a hearing.Then quickly offer to vacate the apartment amicably and quickly in exchange for a positive reference from her. Her lawyer should be agreeable to that, even if she isn't.

#96 Postby **streetsoldier** » Thu Aug 21, 2003 9:25 pm

That might be difficult to accomplish...my scanner acts up all the time, and is unreliable at best.

I will mention that to the attorney tomorrow...it will carry more weight from him than from me, and I believe this is a "one law firm to another" situation. Her shysters will inform her if so approached...bet on it.

#97 Postby **coriolis** » Thu Aug 21, 2003 9:34 pm

That's good news about the lawyer. Much better than my hacking.

#98 Postby **streetsoldier** » Thu Aug 21, 2003 9:47 pm

Besides all that, we have no intention of staying here any longer than we have to; the landlord KNEW that we pay on the 3rd of the month (when my SS checks come in), which didn't give us any time at all to have money in hand to secure an alternate dwelling. This is within the 10-day grace period from the 1st of the month within which I may pay the rent without penalty.

Now, she IS claiming that we "didn't maintain the property" by "ALLOWING" (?) the infestation to proceed; and her nephew, as her agent, denied that we ever contacted them about the roaches while he was in our apartment ever so briefly two weeks ago.

She is also claiming that we left the patio area strewn with garbage (read - tiles from the other apartments, blown into it by winds this summer, during storms)...she is also calling the overgrowth of plants left by a previous tenant on the OTHER SIDE of the wall, which have crept underneath to our side, as being "unsightly"...note that yard maintenance is her responsibility under the lease agreement.

#99 Postby **coriolis** » Thu Aug 21, 2003 10:15 pm

Yeah, Bill, they sound like people you can do without. Good luck with the lawyer, and I'm looking forward to hearing how you make out.

#100 Postby **coriolis** » Thu Aug 21, 2003 11:01 pm

Here's a final thought, Bill, before I go to bed: If you are able, print out a copy of that law to take to your meeting. It will help him help you better.
I did that when I ran afoul of the dog law, and my lawyer was appreciative.
Especially if he is more of a general practicioner.

And remember, the only bar that I was ever admitted to had a neon sign!

We've been sent an eviction notice...!!!

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