legal advice please!!

swissmiss04 · #1 08-06-2003, 09:49 PM

I'll probably get on GC AIM chat in a bit, but for you non-AIMers out there who have any legal expertise, I desperately need your help!!! I am late in paying my rent this month because I pay rent from my scholarship and financial aid checks, and I came home tonight to find an eviction notice on my door. Is this actually legal?? I mean come on, I am only 1 day behind, and they did not bother to call before they served the notice. Does anyone know what I should/can do? Even if you're not a "legal expert" if you've been in this situation before, please help me!!!

SATX*APhi · #2 08-06-2003, 09:59 PM

I worked for a Justice of the Peace and held court for many eviction hearings. I know the eviction laws of Texas, but not Alabama. I did a search and this is what I found for Alabama. I hope that helps. If you have any questions regarding anything in the reading, feel free to PM me and I will answer your questions as best as I can.

Hootie · #3 08-06-2003, 10:13 PM

Usually there's a very short grace period and they can get extra money from ya if you're a day late...but if it goes beyond a day late and such then I dunno.

I know once my roomie turned in her half of rent and I was a day late and we got a pre-eviction notice....but that was all.

swissmiss04 · #4 08-06-2003, 10:15 PM

A pre-eviction notice? What exactly is that?

tnxbutterfly · #5 08-06-2003, 10:31 PM

Did you talk to your apatment complex and let them know you were going to be late? What does your lease say?

In my apartment complex, my rent is considered late after the 1st. 25 bucks for each day it's late. But if I talk to the management ahead of time, I can usually work out some kind of arrangement (ie split payment, pay late with no extra fees)

Have you been paying on time? I'm sure if you talk to the leasing office and explain the situation to them, they might be willing to give you and extention. If you have a rep of always paying on time and not causing any problems, they should be willing to work with you.

Hope this helps

swissmiss04 · #6 08-06-2003, 10:50 PM

I think maybe they would be somewhat flexible with me. I've never caused them problems, and I've only lived there for a month and a half. In fact, I've had legions of problems since I moved in: the glass sliding door fell on us one night while we were cooking out, we had a spider and ant infestation due to the cracks in the door, every appliance was giving me hell, and then this morning the hot water line upstairs broke and flooded the upstairs bathroom and leaked thru the ceiling into the dining room!

And from what I've seen thus far I seem to be in the upper class in this place. Lots of trailer trash and ghetto types. Lots of noise. Lots of garbage. So do I stand a chance if I negotiate??

adpishan · #7 08-07-2003, 02:30 PM

Quote:

Originally posted by swissmiss04
A pre-eviction notice? What exactly is that?

It is called a 3-30 day Notice (or at least in Ca.) They post this on your door to inform you that they are planning to go ahead with the evection. You will have 30 days to move out of your apt. But, they also have to file the Unlawful Detainer (evection) papers at court. That's as much as I know... sorry I couldn't help more.