Eviction order.. holiday abroad with newborn

Question

Hi,

IF i go on holiday and receive email from landlady telling me that she got the eviction order from COURT and i have one week to leave flat ( when i am actually in the other side of the world) what can i do knowing that i have my first baby ( just 9 weeks old) to look after 24 hours.

i am feeling very nervous wondering if she can legally throw my staff out on the deadline the court chose

pls help me , i need well informed advice ( landlady took case to court months ago, so now it's just question of time to get final decision, she already got possession order, now waiting for eviction order)

Mum of 1 suffering postnatal depression

thanks in advance

Answer 1

You have children you need proper advice which you will not get here. I assume that you are in UK so go and sit outside a soliciotors office until you see someone who can help you. You need one who does legal aid. They have a little sign outside their office of two "Lowrey men" sitting across a desk. Don't mess about do it first thing on Monday. Time is of the essence.  

Answer 2

You need to stay in the flat until the Bailiffs come, then the council will rehouse you. No good you coming back here after a holiday and asking the council for help. Have you contacted the local council?. She can gain possession and remove your belongings. Which is best -- a nice holiday and being homeless when you come back, or staying here and getting your life in order.

Answer 3

Knowing that an eviction was imminent I can't understand why you went abroad and what was the eviction notice for. The Bailiffs will arrive and change the locks and that is that

Answer 4

I serve you an eviction notice.

Court date.

I get a judgment. You have 5 days to pay.

5 days later I get a writ.

You are locked out.

You have one shot within 21 days to recover your stuff.

I can put it in storage.

You must pay for moving and storage.

I send two notices to your last known address concerning when I will dispose of your property.

This is an outline of how it works in Arizona.

Sorry, but your personal problems are no concern to your landlord.

Sounds mean, but it is a business.

So, what is more impotant, your trip or stuff.

Answer 5

If it were me and I were in such a serious situation, I would be postponing my holiday.

Answer 6

Write a letter to the court explaining your situation for not showing up in court. Also, get a letter from your doctor to help support your case. I was in a similar situation about 5 years ago, while I was overseas. I wasn't sick, but the court sided with me given the situation I was in and they postponed the case until I returned.

Answer 7

Try to find somewhere to stay when you get back incase you do get evicted. Ask a family member to look after the more precious of your stuff and take it out of your flat whilst you are away, incase you do get chucked out. Find someone to stay with whilst you are looking for a new flat, like a relative or mate. Or don't go on holiday, and spend that money on a new flat instead.

Answer 8

The court has to here your side of the story before they issue an eviction notice. I doubt if you will be evicted. If it took months to get the eviction notice, it will take months to get you out.  

Answer 9

Fool!

I would contact friends or family, or as a last resort, an agent who can organize new accommodation and to organise a mover for your things.

Answer 10

l would say don't go on holiday, use that money and stay in flat...

Answer 11

Stay Home

Answer 12

Well, I guess the question is Why are you being evicted.  If it's for non-paymnet of rent and your able to go abroad then I say Enjoy your Vacation, your stuff will be gone when you get back.

Answer 13

I think you are suffering from bad judgment. You went on vacation and got evicted while you were gone? Why would you go on vacation if you hadn't paid your rent? You need some serious financial advice so you make better decisions in the future.

Answer 14

Eviction takes time. It starts with a notice from the court on your door. You then generally have a few weeks to respond. If you do not, then the eviction is ordered and the sheriff puts a note on your door with notice of 24 hrs to vacate. After 24 hrs (sometimes more) the sheriff shows at your door and gives the landlord possession of the unit. At this time the landlord changes the lock and disposes of your stuff. Its up to the landlord in regards to your stuff. She can hold in in storage if she wants for you to pick up or she can simply leave it on the curb for anyone to take. If you did not respond to the court during any of this then you are out of luck. I'd try and work it out with her if it's at all possible.

Answer 15

personally, i would not of gone on holiday with an eviction notice hanging over my head and a new born.

Answer 16

if she gets an eviction order, you have a certain amount of time to vacate the premises.   if you fail to do so,she can then get an order to have the sheriff's department throw your stuff to the curb.

i don't know your circumstances but, why don't you just leave and go live with family or friends.  why wait for you to be ordered by the court to leave?  I would want more control over my life then sitting around waiting for someone to tell me I have one week to find a new home.  

Answer 17

Usually people get evicted because they did not pay rent.

If that's the case - you may want to see about using the money to pay your rent instead of an over seas trip.

But yes - once the court gives the order and the appropriate time has passed - she can legally throw your stuff out on the street.

Now - you not going to court will not prevent the process from happening. If you don't show up to court - then the court will hear only her side of things and most likely she will win.  You not going to court will not stop the proceedings.

Congrats on the new baby........but having a baby does not mean you are protected from eviction.

So, I suggest you get the matter with the landlord settled before you go anywhere.