The Rent Court Eviction Process: Fill & Download for Free

I'll clear up a couple of thingsWe're paid rent the month of November and our electric ended up being shut off around the week of Thanksgiving for reasons beyond our control (they made a mistake and have since corrected it on their end) we told our landlord the day we decided to stay in a hotel until it was resolved on the day before Thanksgiving and he said to stay in contact and wanted us to go turn off the water until we got it back on so the pipes didn't freezeWe spoke top him a few time between Thanksgiving and around mid December then all of a sudden all contact stopped on his end and we went over on Christmas eve to find a note on the door telling me if we were to try to enter the home cops would be called and in the not it also said whatever was not thrown away was in thre living room otherwise it was at the dump…from the 3 windows we could see into all that was in there was mine and my wife's clothes and a few dressers and a bedBased on this, it sounds like you need a lawyer. Even if you were only paid up through November, there hasn’t been enough time to justify eviction processing. That would probably only be this month. To my knowledge, he can’t throw your items away unless they have been abandoned and you have been formally evicted. Since you were keeping in contact until mid-December, it doesn’t sound like you abandoned anything.As others have said, there must have been something that caused him to stop contacting you. It would help if he would speak to you to explain the problem. So long as you have paid up on the rent and have a current lease, he cannot deny you access to the apartment. He can call the cops all he wants, but you are the legal occupants.I guess the next important questions are if you are current on your rent, and have you moved back in. If he has changed the locks, that is an important factor. With a current lease, he can’t deny you access. So, the best option is to contact a lawyer and start looking for a new place to live. If he has done this to you now, he will only get worse after court proceedings. I would also suggest starting to put the rent in escrow until the situation is resolved. It shows that you aren’t just not paying the rent, and you shouldn’t be paying the rent if he has denied you access to your home. The money would sit there until a decision is made where it will return to you or get paid to bring the rent current.

If you have actually received an eviction order from the court, it is unlikely that you can stop it. You can try to negotiate with the landlord and see if they are willing to let you stay. However, once you have forced your landlord to go through the eviction process, it is unlikely they will be willing to let you stay. You have already put them through a lot of trouble by making them file and making them go to court to get you out, and they would be foolish to let you stay, knowing if you don’t pay again, they will yet again have to take you to court.If you received a notice to cure or quit, then you can pay, which would be curing. In that case, the landlord would not file for eviction at all. Most of the time, a notice to cure precedes court filings. If the landlord has filed in court, they may choose to cancel the process if you bring yourself up-to-date. That will likely require any back rent as well as appropriate legal fees and court costs.

Here's what it boils down to: Your incarceration status plays no role in the eviction process and your rights as a tenant are exactly the same as someone who is not under monitoring.Only the Court can order your eviction.Only the Court's onsite representative (Sherrif, Constable, etc.) can force you to leave.Pay your rent until you're legally put out by the Court. If the landlord won't accept the rent and hasn't filed for eviction, set up an escrow account for the rent with the Court.Since you're paying the rent directly to the Court anyway, and your landlord may deserve some bullshit of their own, now is a good time to submit any building, health or safety code violations to the Court. The Court will then hold all rent until all of the repairs are completed.