QUESTION
What can I do if I have children and my landlord is trying to evict us?
Asked on Oct 25th, 2011 on Landlord and Tenant Law - Massachusetts
More details to this question:
Because of financial hardships we have had a hard time paying our rent. We made arrangements and have been communicating with the Landlord about this. When we received the eviction notice, we called them immediately and she told us to disregard the notice, saying that it was just standard proceedings, not to worry since we had set up arrangements. (I have proof of these statements she made). Now we are facing court with having been served with a Complaint in Summary Ejectment document. The only amount we are past due is the current month we are in and a pet deposit, which she agreed to monthly payments towards. With the help of our church and friends, we were able to come up with all but $50.00 that they were evicting us for. Now she says NOT to go to court or the judge will evict us, giving us days to move out. That if we don't show up in court then we can pay her directly for court costs? But I'm scared that if we don't show up we will lose by default of not showing up! I don't know what to do. Again the amount past due is the current month we are in and a pet deposit that payments were agreed upon. Because of money problems we have had a hard time paying the total amount of rent in full, but again have communicated with them and have been paying them everything we can, when we can. What do we do? I'm scared. We have children and nowhere to go.
4 ANSWERS
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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You should definitely go to court. It's crazy to allow a default. Try to get the Money somehow.
Answered on Oct 27th, 2011 at 1:06 AM
Real Estate Litigation Attorney serving Newport Beach, CA
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Fink & Abraham LLP
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If she accepted any money from you after the eviction notice and you can prove it, you will win case in court. You have to show up and provide evidence of the payment. If you do not show up the court will definitely evict you.
Answered on Oct 27th, 2011 at 12:26 AM
First, even if the Order for eviction is granted, it is not final. You can file a motion for a Stay of Eviction based on your hardship which will buy you time. You can get more than one Stay. Getting one during the winter is even easier. The law in Massachusetts prefers to see people with roofs over their heads. Second, based on your rent status, the landlord may not get the eviction. If you are only $50 short of being current, the judge will be unlikely to find in the landlord's favor as it will likely be found there has been no material breach of the lease contract. Your landlord may not want you to appear because the case against you is so weak she is afraid the judge will chastise her. Regardless, you should consult with a landlord-tenant attorney. There are organizations which provide free advice and/or representation. Is there an attorney at your church who could help? Your case is probably pretty simple as these matters go.
Answered on Oct 26th, 2011 at 6:21 PM
Criminal Defense Attorney serving Quincy, MA
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Law Firm of Neil M. Kerstein
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No matter what you do, you must show up at court. While there get the agreement you made with the landlord in writing and submit it to the judge. I would also consult with an attorney as soon as possible.
Answered on Oct 26th, 2011 at 4:58 PM