A complaint for eviction & 3-day notice was attached to the summon, but I never received the 3-day notice. It says that the 3-day notice was furnished to me by posting in a conspicuous place on the premises (which would mean the door), but I never received one. My landlord actually agreed orally & by text that he would wait until I received my tax refund for the rent owed, but then I get this summons with no prior notice, complaint, or anything! What should I do besides sending a letter stating that I should not be immediately forced to move, especially since I don't have his 3K yet or money to move anywhere else? I will be put on the streets! My tax refund is still being processed! I don't understand how he claims I received his 3-day notice if he never attempted to give it to me.
Residential Real Estate Lawyer
You will have to file an answer and affirmative defenses with the court, stating you did not have a 3-day notice and you had an agreement for paying the rent when your tax return was received.
You might get lucky and get your return before the hearing is set. Be prepared the landlord may have posted it and it was removed either by the wind, someone passing by or some other means before you had a chance to see it. He will need to prove he posted it -- usually they take a picture of the area with the posting.
Financial hardship is not a defense to eviction. Landlords need their money too. Often to pay the mortgage on the property you are renting so it doesn't get foreclosed by the bank.
You should consider hiring an attorney or checking with local law school clinics for free assistance.
This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.
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