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I currently live in South Carolina, And Was wanting to see…

I currently live in...

I currently live in South Carolina, And Was wanting to see about trying to prevent a eviction from my apartment complex

Lawyer's Assistant: Has any paperwork been filed?

Not officially yet they are suppose to be filing first evictions today i think

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I was hoping to try to work out a payment arrangement with the apartments they have been very kind and working with me most of the year since I had been unemployed, I just recently was hired but the job/paycheck was delayed due to the website not being Hippa Compliant: the office was going to waive the late fee for me this month if I could make the payment before they file first eviction notice

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Answered in 5 minutes by:
3/12/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,380
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 1 month ago
Thank you for the help

Great, thank you! The system may automatically ask you for a phone call; however, it’s not required that you take it. Bear with me a moment while I review…

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Customer reply replied 1 month ago
I don't have the funding to pay the 59.00 to speak on the phone

Oh, that’s not a problem with the phone call. The system automatically asks if you want one, but there is no problem declining the request. One moment while I review your situation.

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Customer reply replied 1 month ago
Ok Thank you

Ok, so I had a chance to review your situation; however, I'm a little unsure of what specific questions you had for me. Could you clarify what questions you had that I could help you out with?

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Customer reply replied 1 month ago
The apartment is having to file First Evictions today and I know I will not have the funding at this time to pay the rent due in full, was trying to see if there is a way to prevent Eviction and if I can make a payment arrangement to get caught up once my paychecks are coming in regularly. I had been unemployed up until last month since May of last year, and have been hired for two part time work from home jobs

I understand what you mean. There are some defenses to an eviction and I'll lay them out and you can see which one applies to your specific situation.

Gnerally, a landlord must follow procedural requirements when issuing an eviction notice. This means a tenant must receive written notice of the eviction before it is effective. In addition, a landlord’s eviction is unlawful generally if they violated the implied warranty of habitability; the implied warranty of quiet enjoyment; if the landlord has locked the tenant out; if the landlord has failed to uphold promises made in the agreement; or if the tenant has cured a problem such as past due rent. Plus, landlords cannot discriminate on the basis of race, gender, age, disability, sexual orientation, or religious affiliation either under the Fair Housing Act. If any of those apply, then you could raise those defenses in court if needed.

The main thing to remember is that there exist various reason why a landlord’s eviction notice may not be effective. Because landlords are people, they are sometimes not thinking their way through the situation and that gives you an opportunity to help them understand their legal position and either remove or re-send the eviction notice.

How else can I help you today?

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Customer reply replied 1 month ago
The first one I was suppose to start on the first and thought I would have a paycheck by now: however the website for that company was not able to go live and allow me to work until they became Hippa Complaint. The other job is with Turbo Tax and I start training on the 19th for it, The training is from the 19th-5th and I'm not sure if the training for the Turbo Tax is paid or not so may not get a paycheck from them until after the rent is due for April as well
Customer reply replied 1 month ago
I live in a apartment complex so the landlord etc is the company, is there any legal way to workout a payment arrangement with the apartment complex I have 300.00 of the 893 currently due

I understand. I would continue working with them about this. I think that if you have the money, and you're willing to pay, then they would be willing to remove any action for eviction that they would be taking.

Whether a payment arrangement can be worked out is up to you and the landlord. There's nothing under the law that requires either one of you to work out a payment arrangement, but as a practical matter, it makes sense to do so.

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If they don't want to participate, you can try to force their hand.

Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward other can result in a breach of contract. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can just purchase, download, and go. Click here to get started.

Did you have any other questions for me today?

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Customer reply replied 1 month ago
no i dont think so thank you

The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

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Legal Eagle
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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