QUESTION

What can I legally do about the eviction notice I received?

Asked on Nov 13th, 2012 on Landlord and Tenant Law - Utah
More details to this question:
I received an eviction notice for nonpayment. My name isn't on the lease and I want to try and stop the eviction, am I able to do so even though I am not on the lease. I was fired from my job, I would like to keep my apartment but don't know if I have any legal rights such as going to court and talking with a judge and trying to make a payment arrangement.
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5 ANSWERS

Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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Unfortunately you have several issues here..Is your living in the apt without being on the lease a breach? (I assume you are a subtenant ... have an agreement with the person who is liable on the lease to sublease the apt)Is the landlord evicting you for non-payment of rent? Can you pay current rent? If not it is unlikely that you will be able to continue and I advise you to find a cheaper apt that you can afford.
Answered on Nov 19th, 2012 at 11:01 PM

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So... Let me understand: You are basically a squatter in the apartment you're living in, you don't have a job, and you're wondering if a judge would let you stay there? No. You're going to get evicted.
Answered on Nov 16th, 2012 at 3:13 AM

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Lisa Hurtado McDonnell
You need to make payment arrangement with the landlord. The judge is just going up hold the terms of the lease and if your not on the lease you have no rights to stay. Are you going to get unemployment? Maybe you can talk to organizations that help people pay rent: like your church or Catholic Community Services and then tell the landlord how your going to pay the rent.
Answered on Nov 15th, 2012 at 8:44 AM

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Personal Injury Attorney serving Rosemead, CA at Mark West
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If you are not on the lease were you served with a pre judgment notice of right to possession? There are specific procedures which both sides have to follow to evict people. You really should call and talk with an attorney in your area who handles evictions on the tenant side. To "talk to a judge" means you have to file a responsive pleading with the court, and there are fees involved in that, unless you can get a fee waiver because you are without a job. You have very little time if this is already in suit.
Answered on Nov 15th, 2012 at 5:21 AM

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Unless you have some legal right to remain in the apartment, there is no way to stop the eviction. You can request a hearing, but unless you have a contract that entitles you to possession or some other grounds, the judge will evict you.
Answered on Nov 15th, 2012 at 5:14 AM

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