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.

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.

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!