eviction notice (need advice ASAP)

[theresenm]

What is the name of your state? Montana

My fiance and I were served with an eviction notice on Friday (the 2nd). Last month we were given the 3-day leave or pay notice, there were problems with his work check but we had the money the next day. This time though, my fiance has pnuemonia, so we simply don't have the money for rent.
so it is their right to evict us.
The papers we were served with stated we had 10 days to file an answer. Then a court date would be set. That was fine with us, we wanted to at least explain our situatin to a judge. This morning the land lady showed up with a policeman and said we missed the court appointment this morning, which was apparently at 10 am. She tried telling us the appointment was stated on the papers she gave us. We read them through completely, there was nothing telling us to show up at court today. Anyway, she told us we had to leave by 9 am tomorrow.
My question is, don't we have our remaining 7 days to file an answer? Isn't she supposed to wait to schedule the court thing until that 10 days is up? Can she tell us to leave if she didn't give us proper notification to be there this morning to defend ourselves???
Aren't those my rights as a tenant?

 

[seniorjudge]

What do you want to tell the judge?

The only thing that would sway the judge is you producing a bona fide receipt showing you had paid the rent in full.

 

[Dandy Don]

Consult a landlord/tenant/eviction law attorney IMMEDIATELY. IF it can be proven that this lady did not follow proper procedures to the letter, you will have additional time to stay in the apartment. If not, then you may have to move out very quickly.

DANDY DON IN OKLAHOMA ([email protected])

 

[Paddy Reagan]

With less than two hours remaining in the work day, you're going to have a tough time finding someone locally who can help you sidestep a Tuesday morning eviction.

Your description suggests that not enough time has elapsed for due process in an eviction case. But this is not the time nor the forum to debate these issues when you may be on the street tomorrow.

The Montana Public Interest Research Group provides a hot line service for tenants in your situation. I suggest you call them now and ask if you have options. The contact numbers and e-mail address are included below:

Tenant-Landlord Hotline

1-888-345-7474

(406) 243-2907

[email protected]

Good Luck!