Invalid Eviction Notice Response

Summary

If you receive an invalid eviction notice in Arkansas, you can challenge it in court. Notify your landlords attorney, and if they dont respond, file a Motion to Dismiss. For harassment or discrimination, file a complaint with the Arkansas Fair Housing Commission or a lawsuit. Always consult a local attorney for guidance.

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Arkansas
Hello! In Arkansas, after notifying your landlord about the invalid eviction notice:
- They may correct their error and reissue the notice.
- If they refuse to correct their mistake, you can challenge the eviction in court.
Please consult a local attorney for personalized advice.
I notify her attorney what usually happens next
After notifying your landlord's attorney about the invalid eviction notice in Arkansas:
- They may respond to your notice.
- If they don't respond, you could potentially file a motion in court.
Always consult with a local attorney for advice tailored to your situation.
What motion would I file
The motion you would likely file is a "Motion to Dismiss" if you believe the eviction notice is invalid. However, the specific type of motion may vary based on your situation. It's advisable to consult with a local attorney for accurate information.
I was evicted for retaliation I have been harassed and discrimination against for over a month
In Arkansas, if you believe you've been evicted as retaliation or due to discrimination, you can file:
- A complaint with the Arkansas Fair Housing Commission
- A lawsuit against your landlord for violating your rights
Always consult a local attorney for accurate information.
I inform her attorney I was going to file a lawsuit if she do not void the eviction because I have done nothing was that the right approach she don't seem to care
In Arkansas, if your landlord doesn't respond after you've notified them about the potential lawsuit:
- You can proceed with filing the lawsuit
- Ensure you have all necessary evidence of retaliation and discrimination
Always consult your attorney before proceeding.
My last day to stay on the notice is tomorrow what should I do
Since your last day is tomorrow, it's important to take immediate action:
- Consult a local attorney
- Prepare to vacate the premises in case the eviction is upheld
- Continue with your plans to file a lawsuit if you believe your rights have been violated.
Can I not plea my case to a judge
Yes, you can. In Arkansas, you have the right to a court hearing where you can present your case. This is typically done at an eviction hearing. However, it's crucial to consult a local attorney for specific guidance.
My notice was posted by a processor server taped to my door on the first point of contact it had no reason for termination and it has no specific date to vacate by
In Arkansas, an eviction notice should include a reason for the eviction and a vacate date. If it doesn't, it might be invalid. Seek local legal advice immediately to help you navigate this situation.
Wasn't the proper procedure for a processor is he at least make a couple attempts
In Arkansas, process servers generally make multiple attempts to serve documents. However, if unsuccessful, they may leave the documents at the property. This can sometimes vary, so it's best to consult a local attorney for advice.
He made no effort no call voice message text or mail just posted it undercovered
You're suggesting the process server didn't make proper attempts to serve the eviction notice. In Arkansas, they're usually required to:
- Make multiple attempts
- If unsuccessful, post it on the residence's door
If you feel this wasn't done correctly, consult a local attorney.
My landlord has been doing illegal things towards me harassment and discrimination calling me races name threatening me and had me physical attack and Fired me the day after I complaint of pest investigation and bugs biting now I have cellulitis and she withholding my mail I inform her lawyer of all the harassment and discrimination will he try to make her negotiate
In Arkansas, you can:
- File a complaint with the Arkansas Fair Housing Commission for harassment and discrimination.
- Consider filing a lawsuit for threats, physical attack, and wrongful termination.
- Contact the U.S. Postal Inspection Service for mail withholding.
Seek advice from a local attorney.
Was it a good idea to inform her attorney
Yes, it's generally a good idea to inform her attorney, particularly if you're considering legal action. This could potentially open up a dialogue for negotiation. However, always consult your own attorney for personalized advice.
Will I be able to bring the entire situation up at the court hearing
Yes, you should be able to present your entire situation at court. This includes the eviction, alleged harassment, discrimination, and any other related issues. Please consult with a local attorney to prepare your case effectively.
So whenmmm
Could you please clarify your last statement? Are you asking about when to go to court, or something else?
Will the sheriff remove me before I can plea my case
In Arkansas, a sheriff may remove you after an eviction order from the court. However, until that point, you should have the opportunity to present your case in court. It's advisable to consult with a local attorney immediately.
How soon do you usually get a court date after you go past your 30 day
In Arkansas, the timeline to get a court date can vary based on the court's schedule. On average, it may take *-* weeks after the *-day period. It's best to consult with a local attorney for more precise information.
And I can stay til after court
Yes, you should be able to stay in your rental until the court makes a final decision on your eviction. However, this can vary based on your specific situation, so it's best to consult with a local attorney for accurate guidance.
How would it vary
The variation can depend on factors like:
- The terms of your lease
- The nature of your eviction notice
- Your landlord's actions
- Court orders
Always consult a local attorney for specific guidance.
My lease is month to month and the nature not listed no reason for eviction and my landlord hates me she wants me gone I filed a complaint with the federal trade commission
That's a tough situation. In Arkansas, a month-to-month lease can be terminated with a *-day notice. However, if your eviction notice lacks a reason or is retaliatory, it could be invalid. You must consult a local attorney to guide you through the process.
I am aware I probably have to move but I want a fair chance to prove why she is doing it and a valid notice
Absolutely, you have every right to a fair chance. If you believe the eviction notice is invalid or retaliatory, you can challenge it in court. It's wise to gather all evidence supporting your claim. Consult a local attorney for specific guidance.
Her attorney is not very polite I request a response from him concerning my plea how long should I wait before taking further action
In Arkansas, if the attorney doesn't respond within a reasonable time (usually *-* weeks), you may consider taking further action like proceeding with your lawsuit. Always consult your own legal counsel before making any decision.
I plea to him of
Could you please clarify what you mean by "I plea to him of"? Are you referring to a specific request or issue you raised with the attorney?
I plea to him if she doesn't want me as a tenant could I at least my get * more days she did fire me and I have accumulated Celsius from this roach infestation and bugs was that reasonable
It's understandable you want more time. In Arkansas, the duration is typically determined by the lease agreement or notice period. However, it's always worth requesting an extension. For the pest issue, landlords generally have a responsibility to maintain the property. Consult a local attorney.
She sent the pest man but the apartment above me is abandoned and has mold n roaches wet mildew carpet and it were the roaches are coming from I see the roaches coming out the wall and three other tenants In this building have expressed getting sick from mold
It seems you're dealing with a serious health hazard. In Arkansas, landlords are required to provide a habitable living environment. This includes addressing pest infestations and mold problems. Have you informed your landlord about these issues in writing?
Yes about the excessive roach infestation s dm.
In Arkansas, landlords are required to maintain a healthy living environment. If you've informed your landlord in writing about the roach infestation and they've failed to address it, you may have grounds for a lawsuit. Please consult a local attorney for guidance.
She sent her pest. Man who can verify the roache investigation then my main issue is carpet beetles mo
It seems like you're still dealing with pest and mold issues. Have the treatments been ineffective? Also, have you reported the carpet beetles and mold to your landlord in writing? These details can help determine your legal options.
Carpet beetle mice something is biting us leaving mark all us and no he didn't stop the investigation this entire building has major roach infestation
That's a distressing situation. In Arkansas, landlords are obligated to keep the property habitable. If the infestation persists despite treatments, you might have a case for a lawsuit. Have you documented these issues, like taking photographs or medical reports? Please consult a local attorney.
I mention getting a health inspector come and that is why I was evicted and fired
If you believe your eviction and termination were retaliatory actions after mentioning a health inspector, you may have a case for a lawsuit in Arkansas. Have you kept written records of these events? It's crucial to consult with a local attorney.
She fired me the next day after she cleared told me do what I feel I need to do
It sounds like you might have a wrongful termination case. Did your employment with your landlord have a written contract, and was your termination documented in any way? It's advisable to consult with a local attorney for personalized advice.
I have the tec
By "tec", do you mean you have technological evidence or documentation related to your case? Could you please clarify?
No I didn't I just filed a paperwork for pay roll but yes I was wrongfully termination she told me it was because how I be looking and at first gave me * hours to move until I told her that wasn't the law
It sounds like you may have a case for wrongful termination and possible discrimination. In Arkansas, it's illegal to terminate someone based on appearance. Gather all evidence and consult with a local attorney immediately.