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Fighting Eviction
My question involves an eviction in the state of: Alabama
I lost my job in October and notified my landlord. Actually, it is a firm and I spoke with the person in charge of rentals. He assured me that everything would be fine and they would work with me. I told him I would pay as soon as I find another job, which in this economy is difficult. He said it was no problem. Now he is no longer working for this company and as soon as I found out, I contacted the person handling rentals and re-explained the issues. I also brought up the numerous thing that have never been addressed since I moved in back in February.
Now on Wednesday, I was awoken by the sheriff's office with a Statement of Claim Unlawful Detainer. It states that I no longer have the right to possession because: "Defendant willfully and materially non-complied with and/or violated the terms of the rental agreement entered into with Plaintiff on or about February 1, 2008, by failing to timely pay rent when due."
It says here that I must answer within 7 days, but I am not sure if that means business days. I was served the day before Thanksgiving, so that means the last four days have been dead time. Also, since I had discussed my situation with the agent of the landlord, doesn't that count for anything? Do I need to hire an attorney, or is there a way that I can handle this myself? Obviously, without a job, I can't really afford an attorney.
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Re: Fighting Eviction
Read page 14 of this document and the Uniform Residential Landlord and Tenant Act.
Get yourself down to the Clerk of Courts office TODAY and ask to file a handwritten answer. You're nearly out of time.
You can try to handle this yourself, but court proceedings really are smoother with an attorney.
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Re: Fighting Eviction
Thanks for the response! I did look at both of those documents. I also went down yesterday to the Legal Services Alabama Tuscaloosa Regional Office and they are helping me. Since this was the very first notice I have received from my landlord, the attorney says that they skipped a step and have no right to file eviction on me at this time. We have requested a court date and will hopefully at a minimum get this put off until I can get a job and get caught up on my rent. I do not want to lose my apartment, and I already feel bad enough about having to be late on rent! I am hopeful that this will not affect things when my lease comes up for renewal!
That first document, The Alabama Tenants Handbook is IDEAL! I have long been wondering about information like this! I am saving it to have for future reference!! Thanks again for the help and the info!