What shouldI doif my landlord is evicting me due to non-payment?

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What shouldI doif my landlord is evicting me due to non-payment?

My stepdad fell down and broke his leg and ankle due to improper snow removal. We did not have any money to pay to get driveway plowed. In previous years the landlord has gotten it plowed. While my stepdad was in the hospital, the rent money was lost; it had been in his pants when he was transported to the hospital. As a result, we were unable to pay the rent and now they are threatening to evict us. We have a month-to-month rental payment.

Asked on January 19, 2011 under Real Estate Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can try to work things out with the landlord, but ultimately, if you don't pay the rent, you can be evicted--there are no two ways about it. If you just are a month short, can you borrow the money from friends, family, a church, a charity, etc., or seek aid from some tenant-assistance organization?

Also: you say your stepdad broke his ankle due to improper snow removal. It may be the case that you might have a cause of action against the landlord for failure to plow, if the driveway is common property (e.g. it's not a single family home you're renting, where you rent the entire home and all the land)--in which case, it's the landlord's responsibility--and/or if you can show that the landlord's past plowing established an agreement or obligation that he would continue to do so. You may be able to sue for medical bills, lost wages, etc. You and your father should consult with a personal injury attorney--many will provide a free initial consultation to evaluate a case. Good luck.


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