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I have a 22 month old boy and I have been given a 72 hour notice to move out for past due rent. What are my rental legal rights for being evicted with my child?

I am already going to court for the past due amount because my landlord placed a case in small claims. Now he is evicting me because of past due rent. I have paid the current rent and trying to pay off the past due amount as well and go to work full time and pay medical and utility bills and have food on the table. Any advice will be greatly appreciated.

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Asked by Jessica020811 at 3:12 AM on Dec. 12, 2012 in General Parenting

Level 1 (3 Credits)
Answers (13)
  • I think he has to give you 30 days notice doesnt he?

    Answer by luvmygrandbaby at 3:17 AM on Dec. 12, 2012

  • I talked to the courts today and they said if I dont move out by the 72 hours then he has to go to the court and start the eviction process but I don't know what all that entales. I didnt ask them about my child either. Its the worst timing right before christmas. Trying to not over stress myself out.

    Comment by Jessica020811 (original poster) at 3:31 AM on Dec. 12, 2012

  • I tried looking online but couldnt find anything talking about evictions when there is children in the household.

    Comment by Jessica020811 (original poster) at 3:32 AM on Dec. 12, 2012

  • The laws vary from state to state. Going through the courts takes time. I believe in my state it can take 90 days to evict someone. Good luck. Do your best to pay the past due amount. Contact local charities to get help with food and utilities to help save money for rent.

    Answer by RyansMom001 at 6:25 AM on Dec. 12, 2012

  • Call 211. The help you can find will be local. I know here there are faith based local charities that would help with rent, but that doesn't help you. Try calling a few churches and ask if there is somewhere they know of that you can call.

    Answer by missanc at 6:40 AM on Dec. 12, 2012

  • If you're going to small claims, you have a chance to pay the PDA before an evection. Eviction though, depends on the state. Most northern states are a little more sane, especially where children are concerned and can take as long as three months for final eviction. However, southern states tend to be much less forgiving and can take as little as 10 days and do not require a court appearance.
    Call your local department of children and families/social services and ask what the process entails and how to get emergency assistance, they keep referral lists on hand just for this reason and can point you to local cherties which will help pay the past due amount, or help you secure new housing.

    Answer by ObbyDobbie at 7:22 AM on Dec. 12, 2012

  • I think a lot of times they want to scare you into moving that's why the landlord will put a specific amount of time on there. I think you have at least 30 days to be able to move out. Look at your lease and see if there is a clause that states if you are behind he can kick you out on his own terms. And I agree with one of the earlier posts... call 211. They are there to help out and get you connected with someone that can maybe help financially. Good luck and wish you the best!!

    Answer by goofygalno1 at 9:10 AM on Dec. 12, 2012

  • As the others have said, the laws vary from state to state. I didn't think having a child had anything to do with it, if it did, people wouldn't want to rent to someone with a child because they might have trouble getting paid. I could be wrong though.

    Try to keep in mind that your landlord may need that rent to pay the mortgage. A tenant falling behind can cause a landlord to be late on their payments, have to pay late fees and even go into foreclosure. I have a friend who is a duplex right now, the other tenant got behind on he rent, and the landlord got behind on his mortgage, now both tenants will have to move because the bank is foreclosing.

    I've been a single mom, so I know how hard it is, good luck mama. Hope things get on track for you. I think I'd look for a place with more affordable rent if possible.

    Answer by ohwrite at 9:14 AM on Dec. 12, 2012

  • He only has to give you 3 days notice if you are 3 months or more behind on the rent. 30 days is required for anything else.

    Answer by maecntpntz219 at 11:29 AM on Dec. 12, 2012

  • The laws vary state by state and you do not want an eviction on your records. It will be ver hard to rent elsewhere. I would move before that happens (72 hours)

    Let me explain how this works you are behind on (example) May's rent by $50.00. In June you pay your rent but not the late fee. In reality you pay off the late fee first and then the late amount. My appartments the lathe fee was $50.00. So now you are late on June's rent by $100.00 . What I am trying to tell you is that if you are late in the past that does not just sit there waiting, it is paid off first and you are late again and incur another fee. The landlord has mortgage to pay and maintenance and any one he hires as well nas cleaning fees and supplies. You may be putting him behind on his bills too.
    YOU can stay and I will explain how it works but I suggest you move asap.

    Answer by Dardenella at 11:58 AM on Dec. 12, 2012

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