I have already paid . She threatens to evict me over and over and has accused me of things I have not done. She agreed that it was OK to be short on rent for December due to a situation that happened within the house but then on December 5th threatened me with a verbal 30 day eviction, she filed on the 8th . She also told me on the 5th that She wanted me to move because of a open case that I have against her son.
What are you asking specifically? If you need help defending an eviction action, then you should hire an attorney to help you. The landlord cannot summarily evict you without following proper procedure. The lease will dictate the terms under with the lease agreement can be terminated. Otherwise, there are some specific situations under which the landlord can evict you. The most common is nonpayment of rent. That would include partial nonpayment. If the landlord agreed to a lower rent payment for the month of December, I would strongly advise getting this agreement in writing. Otherwise, it will be your landlord's word against yours in Court if she files for eviction based on nonpayment of rent.
The information provided herein is general information only and not legal advice. The information provided herein does not create an attorney client relationship and is not a substitute for having a consultation with an attorney. It is important to have a consultation with an attorney as the information provided in this forum is limited and cannot possibly cover all potential issues in a given situation
If you were served a petition--for warrant of restitution, then that means a case was already filed against you and the landlord received an order for possession (meaning that the judge found in the landlord's favor that you owed rent). The petition--for warrant of restitution is an order from the court to the sheriff directing the sheriff to evict you. You probably will receive some sort of communication from the sheriff next, advising you that the eviction is forthcoming. If this is the first eviction action filed against you by the landlord, you should have the ability to "redeem" your rights in the lease by paying the back rent owed for December.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline