Help Please! - Spearfish,SD

I don't think it is legal to only give you three days but I'm not positive. Here is a link to the Nebraska tenant Landlord laws.
http://www.thelpa.com/lpa/landlord-tenant-law/nebraska-la...
Hopefully it works.

A., I have been a property manager like Stephanie and agree that if you received a notice to quit you don't have to move right now.

The other posts are correct in that you must DOCUMENT, DOCUMENT, DOCUMENT. The other advice I would give is to make sure you are in constant communication with your site manager regarding your financial status when you're short on rent money. Don't avoid him or her, that used to drive me nuts. Present a plan for catching up, and follow it.

I currently have two rentals of my own and one tentant has health problems and related money issues, and some months he can't pay at the first of the month. However, he ALWAYS tells me what's up and when he will pay - and he does pay then - and I have no problem whatsoever.

However, the apartment complex I managed wasn't as flexible and expected payment on the first. You could use a payment plan twice a year only. Read your handbook and find out what rules your place has.

If there are no other issues - if you're not breaking other rules like having people live there that aren't on the lease, etc. - they probably will work with you. Remember it is expensive for them to evict you, make the apartment ready for someone else, and then find another tenant.

Good Luck!

I'm thinking they have to give you thirty days, I'm not sure where you live though. My thinking is that you need to calm down and just relax ( I know its easy for me to say that) but its true. I understand that you are scared, because that is a scary situation, but I think that you should be fine. There is nothing you can do about it right now anyway, I mean do you want to move right this minute?
I would contact some help on your other bills, church groups, salvation army, upper desmoines(thats one here in Iowa), DHS, try and get some help with your utilities and such. I hope everything works out ok for ya, keep you chin up.
Make sure you pay them with a check or get a receit, so you have proof that you paid it. You have the money now so I guess I didn't realise that. It should be no problem then, you should be fine.
If you ever need to talk, I am a good listener
Don't take this the wrong way, but have you ever thought about buying? I work for a mortgage company and if your interested in checking it out or being pre-approved, just let me know and I'll see what I can do for ya.(not trying to sell ya anything, just want you to know the option is open) sorry if I have upset you with this.

How are you now? I just saw your request, but I think that I can help. I can offer you a career opportunity where you make your own hours and work less hours and make more money helping other. You can call me at ###-###-#### and I can meet with you. -Y.

I am a paralegal. I can't give legal advice but when I worked for a law firm in Omaha, I handled their restitution cases. In my experience this is how it works. The landlord has to give the three day notice which basically means that you have the three days to pay or they will start the eviction process. If you don't pay then they will start the process which means they file the paperwork with the court and then the court sets a hearing date in which you will have to appear in front of the judge and he will determine whether to evict or not. So I hope this helps.

J.

Did you pay by check or get a receipt for the $200 to the site manager? While the tenant/landlord laws vary from state to state, the law usually favors the tenant. The site manager is acting as an agent of the landlord; it is the same as the landlord. They can't accept the $200, unless it is for past due rent. Make sure to document everything. Try giving the site manager additional money and get a receipt from him. make sure to note on the check and rcpt that this should be applied to rent for September. If he accepts, they can't kick you out beforehand and would also need to begin the eviction process over again. You can delay and delay. By the time the Sheriff would be authorized to remove you from the premises, it would be months later and the owner would loose out. Therefore, it is in his interest to work out an amicable resolution with you. In any event, contact a no- or low-cost legal aid office near you on Tuesday and do some research, specific to your state, on the internet in the meantime.
Good Luck! morty

A., I don't really know what to tell you. Is there no one around this weekend that you can talk to manager wise? Is there a number you can call and leave a message at? There should be someone you can get a hold of incase you had an emergency with your apartment. Maybe you should call the (non-emergency number) police dept. and let them know what is going on and the arrangements you had made, just to keep your bases covered and then they will already know what is going on if your landlord calls them. Sounds like there was a major lack of communication between the manager and owner. I hope that everything works out ok for you. I don't know anything about this matter so I don't know if this helps. Take Care and God Bless you and your son.
S.

I wish I could help. I know how it is not to have money for rent. I was lucky and the worker I have for my housing let me make payments. Have you tried to get funds from your local Church, Goodwill Store or the Salvation Army. They may be able to help you. I'd talk to the owner again or the manager.

It can't be three days to vacate the premises unless they have already filed for eviction and got a judge to sign and you would have to be notifed (served) with papers. I worked as a property manager before not in your state but it should be simular. First thing the have to do is give you a three day notice of and list all delinquint money you owe them. Then when that three days is up they can file for eviction with the court. Weekends and holidays are NOT included in the three days. If this has happened you can either do two things. Tuesday morning go pay what you owe if they do not accept your payment and they have filed for eviction take those papers (with a case number)to your court house with proof of funds (money order/cashier check) and document with the court you have the funds. You may have to go infront of a judge or they may make them accept the money it depends. If you need more info you can email me directly to ____@____.com.

Goodluck!

Hi A.:
I have no idea how the legal system works but I wanted to send you and your son my condolences. Your situation is really heartbreaking and I really hope that all works out for you. I am a single mom too working my way through school and it is very tough. What I am confused about is are you paying all of your bills on you own? Do they not have a housing program where you live? After you get this mess cleaned up I would look into social service programs if you have not already. Please let us know what happens...
K.

I used to work for an attorney and you can still go to court over this. Just stay where you are and contact a lawyer Tuesday morning right away.

Hey there, A.!

Well, not sure what to say. But there are so many helps for single moms. What if you go looking for a low income apartment? I had to do that when I was a single mom and it was awesome. My rent was like $100 or something like that. Then when I got on my feet I was able to move to another place. The apartment was actually very nice and clean and it wasn't a bad neighborhood.

Also, sounds like you might need some extra income coming in to help out. I work from home and have found a couple things that I am loving. I work around my childrens' very busy schedules and it's just been a God send.

I would love to share with you what these things are so if you are interested, please email me with a request for more info.
My email address is: ____@____.com

My passion is to help other moms be able to come home and work right with the kids. I was never able to do it for years and now found two legitimate businesses and I am so blessed. I can help you do the same if you're interested!

Blessings to you and hope everything has worked out for you.

T.

You don't legally have to vacate the property until you go to court and the judge tells you to move. Go ahead and pay what you owe and that will stop all legal proceedings. Make sure you pay in either a check or money order so you have proof you paid it. I had problems with a landlord and rent, so to cover my butt, I went 1 step further and made a copy of the check or money order, and not just counted on the stub as proof. With the copy you can show exactly who you wrote the check or money order out to.

Most people freak out with the 3 day eviction notice and don't realize they don't have to move until a judge says so.

Where we live there are lots of places that can help you. One of the things is you can get temporary assistance through the state. Start calling around and see what your options are legally.

You should contact an attorney for legal advice. I live in North Dakota and laws are different than in South Dakota. If you do not have enough funds, you should try legal aid. You can get the legal aid office for your area through www.lsc.gov and then just click on your state and locate the one for your area. I work for Legal Services (Legal Aid) in North Dakota and we assist people who are low income with a multitude of issues, including evictions. Give them a try as soon as possible to protect your tenant rights. I am not an attorney, just referring you to a place who may be able to assist you. Good luck.

gosh how horrible. times can get tough when it's just you.
i know here in omaha, sometimes when people contact the local tv news with situations like this, they can direct you or even make a story on it. and help that way. i've even seen some situations get cleared up by the tv news channel getting involved..

i agree with the other post, there has to be someone that is around in case of emergencies. like if your gas was leaking or your air went out.

did you document any of the agreement or was it all verbal?
i sure hope things work out for the best and they don't get all pissy..
good luck. keep us posted

A.,
DON'T LEAVE THE APARTMENT!
If you do not willingly leave, the landlord has to move onto other process steps in order to legally remove you from the apartment. Take the money (money order, not cash so you have a receipt) to the manager asap. If he will not accept it, then get him to write a dated note acknowledging that you tried to pay and that he would not accept it. Hopefully you have a lease (you're not month to month) and the only issue has been about you being behind in the payment? If these two points are true, then the owner will probably decide that since you can pay up it is less hassel to let you stay through the lease term than to go through the formal process of eviction. Check online for laws that apply to rentals and evictions.
GOOD LUCK! Hugs to you and your little one!
K.