Foo - Getting evicted and I'm looking for help and advice.

Bikeforums.net is a forum about nothing but bikes. Our community can help you find information about hard-to-find and localized information like bicycle tours, specialties like where in your area to have your recumbent bike serviced, or what are the best bicycle tires and seats for the activities you use your bike for.
Marrock
12-05-08, 08:32 AM
Siu Blue Wind suggested I put this before you lot here.
My girlfriend and I are facing imminent eviction from our apartment due to owning back rent.
She was laid off back in september and only recently found a part time job that's just barely helping cover current expenses.
I've been looking for work for quite some time now and so far haven't had much luck finding anything, this area is terrible for jobs but I have a couple good leads that should bear some fruit.
As the situation stands now, we can cover future rent but can't make up the back rent, we had planned on finding another place in february since her daughter went to college and we don't need the second bedroom any more.
Unfortunately this all hit us at the worst possible time and we're looking at having to live in our minivan for the foreseeable future, not the ideal way to spend a NJ winter.
We've found a smaller place that we can easily afford the rent for but we can't make the deposit needed to get into it.
We've tried every state and county agency we could find and we don't qualify for a blasted thing, not even food stamps.
So I guess I’m looking for suggestions on what I should do because the only thing I can hope for at this point is finding someone that’d loan us the money and be willing to accept monthly payments in return, otherwise, I’ve got nothing.
I’m sure a lot of you have some idea how much it hurts to have to beg but that’s just what I’m reduced to here, I have no other options if I don’t want to wind up homeless.
I just don’t know what to do anymore.
USAZorro
12-05-08, 08:41 AM
That's a really tough situation Marrock. I hope you are able to work things out, and find that job you need quickly.
I would contact agencies again to find out what the laws are concerning your situation. Also might be worthwhile checking with private agencies and local churches. They may know of something the people you've spoken with didn't know, or didn't think to mention.
timmyquest
12-05-08, 08:43 AM
I wish it was working as it had been for the past three months:
www.chacha.com, i was making $600 a month through this but there has been a very abrupt stoppage to income from this (we are not really getting any questions) and last i knew they weren't accepting new hires. That said, it's worth a look.
tprevost
12-05-08, 08:49 AM
what a bummer... sorry you are in that situation. I did have a question though... you say you can afford future rent but not the back rent; have you talked to your landlord about making payments on the backrent? Being a property manager in California, many of my owners would rather work with good tenants having hard luck than evict them only to have a vacant unit that they would be trying to fill at the worst time of the year.
I'm thinking you probably have some sort of deposit where you are now? If so, there is a limit to how long the landlord can take to return it to you (so you can use it to get into another place) or perhaps (depending on the law where you live) you can use some portion to help you catch up where you are and make arrangements to replace that money within a certain period of time.
If you find that you are able to stay where you are somehow, I'd see about getting a roomate at least temporarily to help you stay caught up since you've got that extra 2nd bedroom now....
Good luck!!!
Hobartlemagne
12-05-08, 08:52 AM
If you are willing to declare bankruptcy, that could help.
Marrock
12-05-08, 09:02 AM
what a bummer... sorry you are in that situation. I did have a question though... you say you can afford future rent but not the back rent; have you talked to your landlord about making payments on the backrent? Being a property manager in California, many of my owners would rather work with good tenants having hard luck than evict them only to have a vacant unit that they would be trying to fill at the worst time of the year.
I'm thinking you probably have some sort of deposit where you are now? If so, there is a limit to how long the landlord can take to return it to you (so you can use it to get into another place) or perhaps (depending on the law where you live) you can use some portion to help you catch up where you are and make arrangements to replace that money within a certain period of time.
If you find that you are able to stay where you are somehow, I'd see about getting a roomate at least temporarily to help you stay caught up since you've got that extra 2nd bedroom now....
Good luck!!!
The landlord's wife has wanted to get rid of us pretty much since we moved in, just a thousand little things that give you clues like folks in the other two apartments can have pets but we can't, every little thing is cause for a flurry of angry letters, like the fact that pigeons made a nest on the fire escape was somehow our fault.
They don't want to help us unless it's out the door.
They're not cutting us any slack and as far as they're concerned, the deposit is already theirs... if it wasn't for the fact that I like the other tenants I'd leave the place in flames.
If you are willing to declare bankruptcy, that could help.
My girlfriend had to do that once already with her ex-husband and refuses to see that as an option, it wont help anyway except to make it harder to find a place since they a lot of them run credit checks.
TechKnowGN
12-05-08, 09:13 AM
www.magnumcashadvance.com (http://www.magnumcashadvance.com)
The rates are high, but if you need it as a one time option, its worth a look to get the deposit money, etc.
UnsafeAlpine
12-05-08, 09:18 AM
Is there a Catholic Charities (http://www.catholiccharitiesusa.org/NetCommunity/Page.aspx?pid=1174) in your area, or something similar? They seem like a pretty good bunch. In fact, I would highly recommend going to them. You don't have to be Catholic, but your situation is exactly the type that they try to help.
Doohickie
12-05-08, 09:23 AM
If you have any church affiliation whatsoever, even if it's a church you go to at Christmas and Easter, talk to the pastor; our church has a certain amount of discretionary funding to help situations like this; we helped a member keep her home after her husband died unexpectedly.
Even if you're not a church-going person, contact all the churches in the area. It can't hurt.
artifice
12-05-08, 09:23 AM
Apologies if this info is of little to no help, but...
Have you looked into what other stats may offer for assistance? Some give more than others, and if you don't have a whole lot to leave behind occupationally, a change may be good. (Make sure you look into how long it takes before you are a resident of the new state, and can take advantage of what they have to offer).
I'm sorry to hear about your misfortune.
Marrock
12-05-08, 09:31 AM
www.magnumcashadvance.com (http://www.magnumcashadvance.com)
The rates are high, but if you need it as a one time option, its worth a look to get the deposit money, etc.
Already looked them up, don't qualify, she hasn't been at her job for six months and doesn't have direct deposit for her pay checks since she's still considered temporary.
Is there a Catholic Charities (http://www.catholiccharitiesusa.org/NetCommunity/Page.aspx?pid=1174) in your area, or something similar? They seem like a pretty good bunch. In fact, I would highly recommend going to them. You don't have to be Catholic, but your situation is exactly the type that they try to help.
I'll be giving them a call in a few minutes, got nothing else to do at the moment.
Siu Blue Wind
12-05-08, 09:32 AM
Foosters are awesome!! Thanks for all of your wonderful suggestions. I knew that you all would have some great ideas and words of support. Keep 'em coming! :)
Marrock
12-05-08, 09:38 AM
If you have any church affiliation whatsoever, even if it's a church you go to at Christmas and Easter, talk to the pastor; our church has a certain amount of discretionary funding to help situations like this; we helped a member keep her home after her husband died unexpectedly.
Even if you're not a church-going person, contact all the churches in the area. It can't hurt.
Tried, they can't help their regular parishioners, much less some random stranger from down the street.
Apologies if this info is of little to no help, but...
Have you looked into what other stats may offer for assistance? Some give more than others, and if you don't have a whole lot to leave behind occupationally, a change may be good. (Make sure you look into how long it takes before you are a resident of the new state, and can take advantage of what they have to offer).
I'm sorry to hear about your misfortune.
We've looked into it but we'd still be running into the same issues, besides, my clapped out little van wouldn't be able to make anything like a cross country haul.
Don't get me wrong, I do appreciate everyone's suggestions even if my tone doesn't convey it.
I'm just so damn tired and frustrated with everything, in the past week I think I've slept about six hours total, if it wasn't for firefox's built in spell check I'd look like a dribbling idiot in these posts.
artifice
12-05-08, 09:42 AM
Nother idea:
Have you contacted local homeless shelters? Many are probably private agencies, untapped resources.
They more than likely have crisis counselors who could have some tricks up their sleeve, (not knowing where you are at in NJ, here's a start (http://maps.google.com/maps?ie=utf-8&oe=utf-8&rls=org.mozilla:en-US:official&client=firefox-a&um=1&q=new+jersey+homeless+shelter&fb=1&view=text&sa=X&oi=local_group&resnum=1&ct=more-results&cd=1)).
At the very least, if worse comes to worse you might have a place lined up.
no motor?
12-05-08, 09:42 AM
Firstly: I'm sorry to hear about your situation.
Secondly: did you call city hall and ask for the social worker? They usually know everyplace to look for help, and should be able to give you a list of places to go to for help. Every group I know that provides help of any sort out here is arguing about how to help more people with less money coming in, and most of these groups are very good at getting the most out of what they've got to work with.
wolfpack
12-05-08, 09:55 AM
Marrock, i'm sorry to hear about the troubles you are going through.
i don't know what you need financially, but i'm willing to spare a little bit to help you out. it wouldn't be a lot, but maybe if other Foosters stepped up as well, you'd get enough to help somewhat. not charity either...just a willingness to help a friend in need.
maybe something could be set up, like we were going to do for c0urt....
just another thought/idea....
CJ Carbone
12-05-08, 10:05 AM
If getting somewhere to stay for a few weeks will help, i might be willing to open my apartment up to you both. Kinda a pay it forward thing for me.
That is, if the Clinton Road in your location is the same one i am thinking about, in good old Waste Milford.
USAZorro
12-05-08, 10:13 AM
I had a stray thought here. There are a lot of foreclosed properties now, and HUD has programs where it takes almost nothing to get into a house of your own. It's highly unlikely that it would be your dream house, or even in a neighborhood you really like, but take a look. Also, if there's any family that might be able to help you out - even if it's a loan, it might be enough to keep you off the street.
HUD homes in NJ (http://www.newjerseyhud.com/dyn/NJ/igate/njhud/search.html)
Michigander
12-05-08, 10:20 AM
Through scouts I worked to help a church based program that would help people that had their luck run out get back on their feet. They would supply temporary housing, food, and have people set up plans to put a viable lifetsyle strategy in action. It wasn't a homeless shelter, but more of help for people in emergencies just like yours.
There is help out there, and here's to hoping you find some of the best that's available.
Also, try and rest. It gets REAL hard to make good decisions when you are sleep deprived. Remember, times are tough and you're not the only one. All you can do is move forward by making the best choices you can find.
Marrock
12-05-08, 10:22 AM
If getting somewhere to stay for a few weeks will help, i might be willing to open my apartment up to you both. Kinda a pay it forward thing for me.
That is, if the Clinton Road in your location is the same one i am thinking about, in good old Waste Milford.
Actually, I grew up on Cross Rd. about a minute and a half by bike away from Clinton, now I'm in Riverdale...
It's not the end of the world but I can see it from here.
I had a stray thought here. There are a lot of foreclosed properties now, and HUD has programs where it takes almost nothing to get into a house of your own. It's highly unlikely that it would be your dream house, or even in a neighborhood you really like, but take a look. Also, if there's any family that might be able to help you out - even if it's a loan, it might be enough to keep you off the street.
HUD homes in NJ (http://www.newjerseyhud.com/dyn/NJ/igate/njhud/search.html)
We'd love to have our own place like that, but right now the whole credit mess wont allow it to happen.
And I think someone giving us a loan is really the only thing that'll work, provided they'd accept monthly payments without a whole lot of interest.
CJ Carbone
12-05-08, 10:25 AM
Actually, I grew up on Cross Rd. about a minute and a half by bike away from Clinton, now I'm in Riverdale...
It's not the end of the world but I can see it from here.
Well, i have an apartment in Riverdale, on Newark Pompton Tpke. I just threw out the WM reference to make sure you are in the same area. My offer is open, if it will help you out, for a month or so.
USAZorro
12-05-08, 10:28 AM
...We'd love to have our own place like that, but right now the whole credit mess wont allow it to happen...
I didn't poke through these too closely, but I've seen some in Harrisburg, PA that were being sold for less than $10,000. The monthly on that on a 30 year is crazy low. Take a look at least, you might be pleasantly surprised.
Marrock
12-05-08, 11:08 AM
Well, i have an apartment in Riverdale, on Newark Pompton Tpke. I just threw out the WM reference to make sure you are in the same area. My offer is open, if it will help you out, for a month or so.
Ok, that's odd, so do I...
I appreciate the offer but it's not wholly my decision to make, I have the gf to consider and get her input.
I didn't poke through these too closely, but I've seen some in Harrisburg, PA that were being sold for less than $10,000. The monthly on that on a 30 year is crazy low. Take a look at least, you might be pleasantly surprised.
Yeah, but we both have thoroughly trashed credit, the chance we could get anything like a mortgage or loan from a bank is next to none.
cohophysh
12-05-08, 11:10 AM
I don't know what religion you are but check with your local Unitarian Universalist church. They may be able to help if they can.
wolfpack
12-05-08, 11:26 AM
Yeah, but we both have thoroughly trashed credit, the chance we could get anything like a mortgage or loan from a bank is next to none.
well, you have nothing to lose...all they can tell you is no. worht a try.
CJ Carbone
12-05-08, 11:35 AM
Ha, Thats odd we live so close. If you want to go for a ride on Sunday to blow off some steam, let me know!
Marrock
12-05-08, 11:37 AM
well, you have nothing to lose...all they can tell you is no. worht a try.
That's my point, they have, several times and at ever increasing volume.
We've been trying for something like that ever since we moved in here.
UnsafeAlpine
12-05-08, 11:41 AM
That's my point, they have, several times and at ever increasing volume.
We've been trying for something like that ever since we moved in here.
Any luck with Catholic Charities?
My girlfriend and I are facing imminent eviction from our apartment due to owning back rent.
Not that I advocate this - but were you served eviction notices? These things take a long time to go through, if you haven't gone to court yet you could be looking at months. Especially if you can delay court dates, point out things that are wrong and need to be fixed, etc....
I'd call some landlord/tenant lawyers; many give free advice (at least here they do) or open office hours. Might be able to use the system until you can find another place and before the marshal comes (another six weeks after a court decision).
Marrock
12-05-08, 11:51 AM
Any luck with Catholic Charities?
Not yet, she wants to call them herself this afternoon and I sorta don't blame her, she has more of the necessary details committed to memory at the moment.
Not that I advocate this - but were you served eviction notices? These things take a long time to go through, if you haven't gone to court yet you could be looking at months. Especially if you can delay court dates, point out things that are wrong and need to be fixed, etc....
I'd call some landlord/tenant lawyers; many give free advice (at least here they do) or open office hours. Might be able to use the system until you can find another place and before the marshal comes (another six weeks after a court decision).
So far they've filed papers with the court but we haven't been served with anything yet, unless they've arrived in the couple hours since I got the mail.
We've been through something like this before when a house we were renting got sold right out from under us, didn't even know till we got the papers on the morning of dec. 24th... merry fricking christmas, no?
We wound up staying there till the end of february.
But here the owner is on the town council so I don't know what strings he can pull and the sooner I can tell them both to kiss my calloused ass the better.
I'm not counting on the glacial slowness of the court system.
Sell the Xbox, ps3, bicycles, ipods, computer, 2nd car. Cancel cable tv, internet access, cell phone. Stop visiting Starbucks and going out for lunch.
All your excuses are your own. Take charge of your life and stop looking for hand outs.
Marrock
12-05-08, 12:18 PM
Sell the Xbox, ps3, bicycles, ipods, computer, 2nd car. Cancel cable tv, internet access, cell phone. Stop visiting Starbucks and going out for lunch.
All your excuses are your own. Take charge of your life and stop looking for hand outs.
Don't have an xbox, or any video game rig for that matter, don't have a second car, need the computer and cable for phone and internet since that's mainly how I'm looking for work, you couldn't pay me to go to starbucks and we only have one meal a day so we don't eat out.
I get enough vitriol from the ***** downstairs, I don't need any more.
kwrides
12-05-08, 12:18 PM
Is it possible to take a low wage job just long enough to save up the money for your down payment and then look for a better job once you have a roof overhead? Something like bagging groceries or whatever?
Paul Barnard
12-05-08, 12:35 PM
I'm very sorry for your misfortune. There are so many people struggling right now. I can't help but think there is some kind of work for you though. May not be what you are looking for, but it will pay the bills. Through your writing you come across as reasonably well educated and likeable, so you should present yourself well and compete well. I want to say something else too. If you are mainly searching via the internet, you are unwittingly cheating yourself out of opportunities. The vast majority of jobs are filled through networking. You will need to network to enhance your chances of landing a decent job. The more people you meet and talk to face to face the greater the odds. If you were local, I guarantee you I could get you a job within 2 days. I might even be willing to put you up for a month or two for very little rent. There are people like me everywhere. Again the more people you meet and impress, the better the odds. Craigslist has lots of adds for shared dwelling with no deposit. You have the internet, look into it. My very best wishes for your success.
UnsafeAlpine
12-05-08, 12:41 PM
Sell the Xbox, ps3, bicycles, ipods, computer, 2nd car. Cancel cable tv, internet access, cell phone. Stop visiting Starbucks and going out for lunch.
All your excuses are your own. Take charge of your life and stop looking for hand outs.
Does it make you feel better to kick someone who's already down?
Sell the Xbox, ps3, bicycles, ipods, computer, 2nd car. Cancel cable tv, internet access, cell phone. Stop visiting Starbucks and going out for lunch.
All your excuses are your own. Take charge of your life and stop looking for hand outs.
Pretty dick move. Be proud.
bikingshearer
12-05-08, 01:02 PM
Not that I advocate this - but were you served eviction notices? These things take a long time to go through, if you haven't gone to court yet you could be looking at months. Especially if you can delay court dates, point out things that are wrong and need to be fixed, etc....
I'd call some landlord/tenant lawyers; many give free advice (at least here they do) or open office hours. Might be able to use the system until you can find another place and before the marshal comes (another six weeks after a court decision).
Air is spot on. I am a lawyer in California, so I can only speak to California law (duh!), but the basics are likely to be the same in all states. You need to check the law, and now, but you can do this yourself if you have to. (And I have to say this to cover my backside - nothing is this is an agreement on my part to represent you in this any other matter. I am not your lawyer, and you are not my client. I am not providing you any advice about how to handle your specific situation, but am only providing general information and suggestions to help you in your efforts to identify possible means of response to your present situation. End of disclaimer.)
First, landlords cannot just come in an move your stuff out, or change the locks, toss you in the street, or do any other nasty self-help stuff, at leat not in California (and I'd be surprised if they can elsewhere, either). In Calif., they have to file a lawsuit (called an "unlawful detainer action"), get a judgment (which a winning litigant gets after trial or if the other side doesn't show up), then get a writ of possession, then get the sheriff to execute the writ, then get on the sheriff's eviction calendar, and only then can they change the locks. So just because you have received an eviction notice stating "get out by X date" does not mean that Guido the Enforcer can come throw you out into the street.
And check that eviction notice veeeery carefully, and compare it to the legal requirements for such notices. (See below for suggestion about how to look up the law.) Some of the requirements for eviction notices. especially for serving them, can be pretty technical. If your landlords aren't used to evicting people, they could very well have blown it, meaning they have to start the process all over again. So do not just assume that they got it right. If they didn't get it right, you will still have to do some stuff to assert this defense and preserve your rights, so don't stop your efforts if you determine that they didn't get the notice or the delivery of it right. But if that is the case, you will at least know where to direct your efforts to buy yourself some time (and maybe the leverage to cut a deal).
Second, you can stretch the process out for several months by filing a legal response on time (that is key, and the time lines are very short) and exercising the same rights that anyone who is sued has. Like Air, I hesitate to recommend this, but hey, ya gotta live, ya gotta eat and it isn't like you did this on purpose. Even if you do absolutely nothing, this process takes some time - the amount varies from county to county, but it will range from a couple weeks to over a month. And that is if you do nothing. If you actually take full advantage of the legal rights you have and make the landlord jump through all the hoops, there are places in California where you would still be in your current place next Memorial Day. (And compared with other litigation, that is still moving at warp speed.)
Third, go get help. I have nothing to add in terms of who to ask for some sort of finacial assistance- others have covered that waterfont better than I can. But I can suggest ways to get legal help for cheap or free. So here goes.
If you live in California, I guarantee that your county has at least one free, open-to-the-public law library. My guess is that is true in most other states do, too. Find it, and use it. Since you have computer access, try googling "X county law library." I bet you can at least get an address and phone number. Then, go. Use the reference librarian. Tell then you need help fighting an eviction. They can direct you not only to the statutes, but also the secondary sources that will be the most help. And please do not be embarrassed - the law librarian has heard it before, and the vast majority of them love to help people find the info they need.
If you live in California, your best written sources are: (1) anything on landlord-tenant law from Nolo Press. Check their website for titles. I know they cover California law, and they have been branching out into other states as well. If they have a book that covers where you live, Nolo Press is an invaluable tool for the lay person (and for more lawyers than will admit it); (2) the Rutter Group book on landlord-tenant (ask the reference librarian at the law library). Rutter Group books are "how to" guides designed for lawyers, so it will have more mind-numbing detail that a Nolo Press book, but it, too, is a remarkable resource - if you live in a state that the Rutter Group covers.
Fourth - if you take the case to litigation - and it sounds like you probably should - in the Bay Area you can often negotiate a deal wherein you agree to move out by a date certain (almost always pretty close to immediately) in exchange for the landlord dropping the claim for back rent. (I know, I've done it for people.) That may work where you are, too, so keep that nugget in your hip pocket.
If I think of anything else, I'll get back to you, but I think that's it for now. All of the above represents a fair amoun of effort and a major pain in the butt - but it beats the hell out of living in a van with winter coming on. Good luck.
DannoXYZ
12-05-08, 01:11 PM
Rent a copy of Pacific Heights.
Paul Barnard
12-05-08, 01:36 PM
Air is spot on. I am a lawyer in California, so I can only speak to California law (duh!), but the basics are likely to be the same in all states. You need to check the law, and now, but you can do this yourself if you have to. (And I have to say this to cover my backside - nothing is this is an agreement on my part to represent you in this any other matter. I am not your lawyer, and you are not my client. I am not providing you any advice about how to handle your specific situation, but am only providing general information and suggestions to help you in your efforts to identify possible means of response to your present situation. End of disclaimer.)
First, landlords cannot just come in an move your stuff out, or change the locks, toss you in the street, or do any other nasty self-help stuff, at leat not in California (and I'd be surprised if they can elsewhere, either). In Calif., they have to file a lawsuit (called an "unlawful detainer action"), get a judgment (which a winning litigant gets after trial or if the other side doesn't show up), then get a writ of possession, then get the sheriff to execute the writ, then get on the sheriff's eviction calendar, and only then can they change the locks. So just because you have received an eviction notice stating "get out by X date" does not mean that Guido the Enforcer can come throw you out into the street.
And check that eviction notice veeeery carefully, and compare it to the legal requirements for such notices. (See below for suggestion about how to look up the law.) Some of the requirements for eviction notices. especially for serving them, can be pretty technical. If your landlords aren't used to evicting people, they could very well have blown it, meaning they have to start the process all over again. So do not just assume that they got it right. If they didn't get it right, you will still have to do some stuff to assert this defense and preserve your rights, so don't stop your efforts if you determine that they didn't get the notice or the delivery of it right. But if that is the case, you will at least know where to direct your efforts to buy yourself some time (and maybe the leverage to cut a deal).
Second, you can stretch the process out for several months by filing a legal response on time (that is key, and the time lines are very short) and exercising the same rights that anyone who is sued has. Like Air, I hesitate to recommend this, but hey, ya gotta live, ya gotta eat and it isn't like you did this on purpose. Even if you do absolutely nothing, this process takes some time - the amount varies from county to county, but it will range from a couple weeks to over a month. And that is if you do nothing. If you actually take full advantage of the legal rights you have and make the landlord jump through all the hoops, there are places in California where you would still be in your current place next Memorial Day. (And compared with other litigation, that is still moving at warp speed.)
Third, go get help. I have nothing to add in terms of who to ask for some sort of finacial assistance- others have covered that waterfont better than I can. But I can suggest ways to get legal help for cheap or free. So here goes.
If you live in California, I guarantee that your county has at least one free, open-to-the-public law library. My guess is that is true in most other states do, too. Find it, and use it. Since you have computer access, try googling "X county law library." I bet you can at least get an address and phone number. Then, go. Use the reference librarian. Tell then you need help fighting an eviction. They can direct you not only to the statutes, but also the secondary sources that will be the most help. And please do not be embarrassed - the law librarian has heard it before, and the vast majority of them love to help people find the info they need.
If you live in California, your best written sources are: (1) anything on landlord-tenant law from Nolo Press. Check their website for titles. I know they cover California law, and they have been branching out into other states as well. If they have a book that covers where you live, Nolo Press is an invaluable tool for the lay person (and for more lawyers than will admit it); (2) the Rutter Group book on landlord-tenant (ask the reference librarian at the law library). Rutter Group books are "how to" guides designed for lawyers, so it will have more mind-numbing detail that a Nolo Press book, but it, too, is a remarkable resource - if you live in a state that the Rutter Group covers.
Fourth - if you take the case to litigation - and it sounds like you probably should - in the Bay Area you can often negotiate a deal wherein you agree to move out by a date certain (almost always pretty close to immediately) in exchange for the landlord dropping the claim for back rent. (I know, I've done it for people.) That may work where you are, too, so keep that nugget in your hip pocket.
If I think of anything else, I'll get back to you, but I think that's it for now. All of the above represents a fair amoun of effort and a major pain in the butt - but it beats the hell out of living in a van with winter coming on. Good luck.
Or you could just move on since you don't like the place anyway. The high road...take it. The scenery is better and it's less stressful.
TechKnowGN
12-05-08, 01:37 PM
Rent a copy of Pacific Heights.
OP is having money problems, don't give them bad advice.
Check a copy of Pacific Heights out of the library!
Marrock, here is a link to the New Jersey Legal Services System website:
http://www.lsnj.org/directory.htm
There is a hotline number that you can call for a telephone consultation. You may also be able to use that hotline to find a lawyer who will take on your case on a pro bono basis.
TechKnowGN
12-05-08, 01:59 PM
If lawyers work pro bono, does that mean porn stars work pro *****?
have you tried temp agencies to get some more work? Temping can turn into a perm job, and might provide good references.
Is there a local Tenant's Council in the area? If there is one, they either might have good advice, or know someone who can help.
The temp agency thing is a good idea. Worst case, even if it doesn't pay well, its job history.
bikingshearer
12-05-08, 04:52 PM
Or you could just move on since you don't like the place anyway. The high road...take it. The scenery is better and it's less stressful.
Not to be too nit-picky here, but I think you're missing the point. This isn't about staying in the apartment/whatever for the hell of it or for the long haul, it's about making it through the next few weeks or months until the OP and his SO can get their feet back under them.
It does not matter how nice a person you are or what the reason is, if you don't pay the rent and the landlord wants you out, you will get bounced eventually. But when and how you have to move out can make a huge difference. And "high roads" and "low stress" become pretty hollow ideas when you are looking at being forced to move out with no place to go.
Are the possibilities I laid out "high stress"? You betcha - no rational human being would go through all of that just for sh*ts and giggles. But I'm guessing that setting up housekeeping in a snow drift will result in even higher stress. And I'm guessing that the OP would agree.
DannoXYZ
12-05-08, 07:04 PM
Some money coming in is better than nothing.
http://www.selectstaffing.com
A couple years ago, the Bureau of Labour Statistics re-classified flipping burgers as an "assembly plant job". Most likely to skew how badly the economy was sliding. Personally, I'd take a job as a "sanitation engineer" just to sound techie and geeky.
Wordbiker
12-05-08, 07:58 PM
First, landlords cannot just come in an move your stuff out, or change the locks, toss you in the street, or do any other nasty self-help stuff, at leat not in California (and I'd be surprised if they can elsewhere, either). In Calif., they have to file a lawsuit (called an "unlawful detainer action"), get a judgment (which a winning litigant gets after trial or if the other side doesn't show up), then get a writ of possession, then get the sheriff to execute the writ, then get on the sheriff's eviction calendar, and only then can they change the locks. So just because you have received an eviction notice stating "get out by X date" does not mean that Guido the Enforcer can come throw you out into the street.
Actually, they can do all of those things, just not legally. Many landlords take those exact tactics and worse, like shutting off the water, figuring that if the tenant doesn't have money for rent, they don't have money to sue either.
Alfster
12-05-08, 08:12 PM
Someone posted a New Jersey link, therefore I assume that's where you're from. If so, here's a link to Tenant's Rights in New Jersey. http://www.lsnjlaw.org/english/placeilive/irentmyhome/tenantsrights/index.cfm
Here's an excerpt regarding Notice of Eviction ... not required for nonpayment:
"No notices needed for nonpayment of rent. The most common cause for eviction is nonpayment of rent. For this cause, and only for this cause, the landlord does not have to send you any advance notice before filing a complaint for eviction in court. This means that if you fail to pay rent, the landlord can go directly to court and you may not get any warning from the landlord before receiving the court summons and complaint. You do have to receive advance notice before the landlord can take you to court for not paying an increase in rent. Chapter 7, Rent Increases, explains the proper form for this notice. "
Make sure you read Chapter 13 of this document "Special Programs for Tenants" which covers Programs to Prevent Eviction, and Relocation Assistance.
Good luck!
Marrock
12-05-08, 09:11 PM
Well, she already told us they filed, we're just waiting on the court docs to arrive.
All things considered, I'd just like to turn the Forces of Foo loose on her and post the video on youtube, this place would make a great smoking ruin.
And to further confuse the issue, they already accepted a rental payment for december but are claiming that we still owe for october and november.
Right now I'm thoroughly confused and feel like taking a nap.
On the plus side, forces are rallying for us here thanks to one that will remain nameless unless they decide to announce their deeds and things may, if I want to risk jinxing it, be starting to look up.
Marrock
12-05-08, 09:51 PM
Marrock, here is a link to the New Jersey Legal Services System website:
http://www.lsnj.org/directory.htm
There is a hotline number that you can call for a telephone consultation. You may also be able to use that hotline to find a lawyer who will take on your case on a pro bono basis.
Some money coming in is better than nothing.
http://www.selectstaffing.com
A couple years ago, the Bureau of Labour Statistics re-classified flipping burgers as an "assembly plant job". Most likely to skew how badly the economy was sliding. Personally, I'd take a job as a "sanitation engineer" just to sound techie and geeky.
I'll be giving both of those plenty of phone time this coming monday.
Thanks again for all the advice and well wishes, it's been a major help.
Powered by vBulletin® Version 4.1.12 Copyright © 2013 vBulletin Solutions, Inc. All rights reserved.