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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118785
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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My life and my two year old daughters life will become total

Customer Question

my life and my two year old daughters life will become total homelessness because I was never informed in certain necessary legal papers what was happening. The only time I heard anything at all was with a phone call from my apartment manager informing me I was revoked from Achieve low income housing governing my apartment from june 14 2016 to what I thought was currently in place.In early May 2017 I had my work hours severely cut back thus prompting Achieve to send a letter to the property manager herself, showing the increase by Achieve, and the decrease of my co pay this was dated may 22 2017. Shortly afterwards I was terminated from my job. Achieve gave me a form for my employer to varify the exact date of termination but with malice he refused to resubmitt it to Achieve, I was never made aware of this action. It was around the first week of Junethat the apartment manager called me on the phone and informed me that my housing had been revoked and she was going to have to seek eviction from me, which she did on june the 5th, claiming that I did not pay any rent and was responsible for the entire 810.00 per month for the rearages, also included a 50.00 late fee and 5.00 a day penalty.I did not know where to turn. I felt I should of had the time for an appeal based on my employers negligence and the fact that Achieve did not send me a formal statement with the date of termination on it so I could request an appeal and a private hearing mandated by HUD laws on how to appeal a revoke of housing.Now the management for the Paul ASh realestate co. which has primarily HUD unitshas continued to persue me for evictionand pocession of the premesis on the filing date of june 6,court granted complaint on 21st. day of june. in the complaint it states that I owe 640.00 pocession was given over by the judge and then another amount was claimed by management of 715,00 plus attorneys fees og 225.00 plus thr 50.00 late fees plus the 5.00 a day penalty and high interest on the annum is also requested. the judge signed all of this into being on 21st. day of june 2017 the property manager was suposed to have a notice to terminate tenancy for non payment of rent , dated june 5th. not to me by any means or official officer, but was filed only with the court stating that my rearages now of 1338.90 plus attorneys fees and penalties. this paper was suposed to be served to me but instead was served on the court which was the first time i was allowed to read it. finally on the last court papers accordingly I now owe from July1st to present 2107.40 please help me i was suposed to vacate according to all the severe paperwork and accounting errors and am desperate to find where to go,even at the last minute,caused by no communication in writing from management or the achievepprogram which was negligent.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Yuma Arizona
JA: Has any paperwork been filed?
Customer: all clurt pleadings for eviction, pocession of the property, the complaint, and various sums owed which make no sense.
JA: Anything else you want the lawyer to know before I connect you?
Customer: where and how can I get some form of time to present the neglect of timely and the handling of such important papers so I may have a fair civil rights shot under the law for my chance of appeal the revoking of my housing and my being denied the date of such paper to even ask to start qn appeal
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You need to go to Achieve and bring them proof of all of this to intervene in the matter, since they can pay the delinquent amounts if this was caused based on the circumstances beyond your control as you described. You have to go to the Achieve program and get their social workers to assist you on this to reinstate your housing based on this being no fault of your own.
You also can go to legal aid and get legal assistance to represent you in your appeal against Achieve and also against the landlord in the eviction suit, since you never received proper notice and a chance to cure the issues they had. Since the landlord or Achieve did not follow the proper notice process, which could have avoided this, legal aid can assist you in stopping any eviction and also forcing Achieve to fix this issue.
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