were getting evicted!!!im a mess | Autism PDD


hi all,today was christians day off n moms boss gave him . get some stuff,so got construction paper n fishy net cheap..so I was so excited come home n do our annual thanksgiving cards w/cut out hands..he was sweet said "YOUR BESTEST MOMMY EVER "inside my sunroom on front door taped w/duct tape was second notice NONPAYMENT OF RENT,and the trailer park intends immediatly commnce eviction proceedings against me,sayin this is from sept.17,new manager wasnt in when i called she just moved in to office directly bhind my trailer.,I have been payin over the rent amount tryin to play catch up n plus electric phone backed up gas bill,christians hosp.visits gas for car n so on.when i spoke w/welfare casewrkr last month she blew me off askin for funds to help us,she said nope dont know wat to tell you.so my casemanager through christians agancy where we go,spoke to her after several attempts gettin through,and welfare lady said"well if she has eviction letter we can help,i tried showin her the notices..theres not court date,but my god itys cold n ive been tryin cant make calls to park people,never there,christian wont let me on phone..to get any words in.so tommorow hes goin school, n casemanger comin here were makin calls n PLEASE GOD A MIRACLE,THIS GETS WORKED OUT,.IM SO SCARED.im just mentally exhausted.n been crying for hours.I hate bein single parent n no help.no sitters respite doesnt have enough people short staffd so i can work.please SAY PRAYERS I REALLY NEED THEM.IF THIS IS TAKIN CARE OF NEXT MONTH ID B ON TRACK..CHILD SUPPORT STARTS,n i can get job.hopefully..GOD PLEASE HEAR ME,CYNDIE  Good luck Cyndie!!! I hope everything goes well for you! My prayers are with you and Christian!!!Still keeping you and Christian in the light, Cyndie. God bless you and keep you through this rough time.  THANK YOU ALL,I THINK GOD FOUND MY NUMBER IN THE ROLODEX AGAIN..I HAD BEEN LOST THERE FOR AWHILE.LOL.my catholic g/f's say this to me.make me feel better..anyway.spoke to park manager n my casemanager came out,also welfare says now ill be better once i know its been sent to park,there gonna go head approve$emer.shelter asst.0.00,they want my written statemnet for there application why i fell behind bk in march n how ive been tryin to keep up by attemptin pynmnts.,so my casemaanger god bless her,spoke to welfare b/c i just couldnt,park manager was very nice to me,she says ive been in your shoes b4 shes also single mom,n i was upfront n honest w/her i was cryin, she says ok,see wat welfare can do n churches n u n ur casemanager can stop in see wat we can do b4 goes to court,so as long as welfare gives them there half,i gave her my  340.00,today,in money order,and i signed agreemnt w/park and thr dist.managerr,casemanager also got church to give 100,so now its 105.00..all this by no later dec.3,but im hopin at least by dec.1,then ssi will come n my cash asst.i can start fresh w/my dec.rent n they will not file w/court so i wouldnt even have to pay a file chrg.if b4 dec.3..SO PRAY,WELFARE GETS THERES TO THEM,also spoke to local rep about a gov.fund to apply for by end of year i might b eligible for that sum also,ill fill u in on that later.also.GAS COMP.SAYS NOW THERE COMIN FRI.well fri.a.m.im givin rep call get call to them,even know thr prvt.hopin theyll shake them up.this is ridiculous.but warm so far w/htrs.ok all THANK YOU ALL SO MUCH FOTR PRAYERS BUT LETS ALL PRAY FOR EVERYONE ELSE TOO GOIN THROUGH SAME AS ME..LET THEM GET HELP ALSO.OUR WORLD HERE IS HARD ON US FINANCIALLY,ITS A STRUGGLE EVERYDAY W/KIDS N $$$..HAPPY THANKSGIVING ALLL..N GOD BLESS U

So glad everything seems to be working out for you.  Will still keep my fingers crossed.  But as long as welfare calls them and tells them they are sending the money then that should be okay.


Cyndie so Glad to hear things sound like they are going to work out and that you were able to get some needed assistance. Yes, it is very hard on many out there... Its a shame what people are having to go through.

Hang in there and good Luck. Hope you have a nice holiday


Just wanted to say that you are in my thoughts and prayers.  Keep us posted,



Keep us posted.  Prayers being sent your way.  Have you heard anything yet today?

Hang in there Cyndie!  Tab appears to know what she is talking about.  I am sure she will help you out the best she can.  think nothing but positive thoughts...and "know" help is on it's way.  Thanks Tab!  :)Still thinking about you Cyndie, hoping and praying that everything works out for you. 

The way I understand the law is if they go ahead and accept the money, then you are paid up.  Now I would make sure that I got not only a receipt but a written statement, saying that they would not give you another eviction notice for this particular incident.  That your rent was paid up as of _______(date).  NOw I know here landlords cannot bring too many eviction actions against a tenant , like give them an eviction notice every month.  Because it then looks like the landlord is retailating against the tenant for something.  Now if it came certified mail generally they have a turn receipt where you have to sign for it.


tabitha38678.9871875My dear friend,Hang in there sweetie,I know what your going thru,same situation here.We have until Dec.1st to pay ours or were out.Try and hang in there the best you can,you know your in my thoughts and prayers all the time.Lots of hugs sent to you and Christian.mom2carlo


I will have you in my prayers.  Hang in there.


oh Cindie,
You are in my thoughts and prayers! I pray everything will work out for you and you're able to get back on track.

[QUOTE=Screeech_2001]From what I have seen in MN, they can not evict you with the cold weather coming up!  There is also heating emergency funding out there.  Your social worker should "know" this!  Also, if you have been playing "catch up" then that is showing you are doing everything possible to stay there.  Now if you were all and out neglecting to pay the bills, then you will have more so of a fight on your hands.  Since you do have a child, there is no way the can evict you! (due to the cold weather)[/QUOTE]

I think you have that confused with the cold weather rule in regards to utilities.   And the only way that rule comes into effect is if the individual person enacts that rule by calling the utility company.  Once you enact that rule then the utility company has to work with the person to make sure that the heat is not interrupted.  Now the earliest that rule can be enacted is October 15th through March I believe. 

Now its true there is heat funding out there but if Cyndie's state is like it is here , you can only use it once a year.  And it needs to be used during the heating season.  Also there is a limit in the amount of money they will pay on it.

As far as not evicting when it is cold outside, that doesn't make sense.  Think about it, basically in Minnesota you could only evict three months out of the whole year.  And that is just not true.  Will the judge be more lenient in the winter?  Maybe, maybe not.  Depends upon the case.  And the mood that judge is in on that particular day.  Now I know here an eviction can stay on your record forever.  Unless you go through the process of getting enspunged or taken off your record.  Generally you can do that if you have had no other eviction notices in the past 10 years.


Also, just thought about this before I went to bed, lol, Legal Aid should be able to help you since you have an "eviction notice" now.  Or I would sure hope they would help you.  Let me know how things are going.  And feel free to pm me anytime.  Hang in there Cyndie!!!


Cyndie you will be in my prayers and I truly hope everything works out for the best for you and your son Hang in there This breaks my heart, Cyndie. Are there any other agencies that can help you? Catholic Charities, Salvation Army, anything? How much is your back rent? Do you have any friends or familywho could extend a loan?

They can't do this to you. You have a special needs child for God's sake! Aren't there some laws about this where you live?
My thoughts and prayers go out to you and your son.  I hope that everything can work out and hopefully there is some agency out there that can help you.

[QUOTE=HugsForKaty]This breaks my heart, Cyndie. Are there any other agencies that can help you? Catholic Charities, Salvation Army, anything? How much is your back rent? Do you have any friends or familywho could extend a loan?

They can't do this to you. You have a special needs child for God's sake! Aren't there some laws about this where you live?

Depends upon the state.  They can and do evict people with kids and with special needs kids.  Here they can give you an eviction notice and then you go to court.  Then the judge decides whether the eviction is valid or not.  Now here you do have to give a month plus a day's notice on an eviction.  So for example if they gave you an eviction now for the first of December it would be invalid because they did not give you a month plus a day's notice.


From what I have seen in MN, they can not evict you with the cold weather coming up!  There is also heating emergency funding out there.  Your social worker should "know" this!  Also, if you have been playing "catch up" then that is showing you are doing everything possible to stay there.  Now if you were all and out neglecting to pay the bills, then you will have more so of a fight on your hands.  Since you do have a child, there is no way the can evict you! (due to the cold weather)

Actually that is not true.  They can evict in the winter.  Alot of landlords do not like evicting in winter because it is more expensive to keep the heat on in an empty apartment.  I know here there are a lot more vacancies at the first of the year than in the summer.


I hope you all are right. I have a hard enough time sleeping when all is well, let alone with trying to get the thought of Cyndie and her child on the streets or in a shelter out of my mind. That's a horrible feeling.

Cyndie, you are in my prayers. Keep us posted, okay?

Okay Cyndie found something for you!!!  Now one of the phone calls I would make tomorrow is to the Attorney General's office.  Ask them for a landlord/tenant handbook.  They should give those out free of charge.



V. The Landlord Evicts the Tenant


The landlord can evict a tenant for any one of three reasons:

  1. The term (usually one month or one year) for which the property was rented is over;

  2. The tenant is behind in the rent; or

  3. The tenant has breached (broken) some clause of the lease.

The landlord needs no reason to evict a tenant it the landlord gives the tenant proper notice that the landlord wants the property back at the end of the term.


The Landlord-Tenant Law of 1951 points out the only method for a landlord to evict a tenant. The Landlord-Tenant Law does not apply to people who are buying a home or who live in a hotel or rooming house.

  1. The Eviction Notice - The landlord must give the tenant written notice of the reason for the eviction and the date that the landlord wants the tenant to leave. Caution: A tenant with a written lease should read the lease carefully to see whether or not he/she has given up the right to receive this eviction notice. The eviction notice must be personally delivered to the tenant or posted on the dwelling. An eviction notice, sent by mail is probably not enforceable. A written lease may state how many days notice must be given by the landlord before the landlord can evict. It the lease does not state how much notice is required, the general rule is as follows: If the term has ended, or it the landlord claims the tenant has breached the lease, the landlord must give the tenant thirty (30) days notice if the lease is for less than one year (this is usually month-to-month), and ninety (90) days notice if the lease is one year or more. If the tenant is behind in the rent and has an oral lease with the landlord, the landlord needs to give only fifteen (15) days notice between April 1st and September 1st, but thirty (30) days notice between September 1st and April 1st. It the tenant is not out of the property by the end of the eviction notice, the landlord must follow the procedure through the District Justice's office as set forth in paragraphs 2, 3 and 4 below.

  2. Complaint - The form that follows is a Landlord-Tenant Complaint. The landlord files the complaint with the appropriate District Justice's office, and the landlord receives a yellow copy of the Complaint. The pink copy of the Complaint will be served on the tenant by the Constable, who may hand the tenant the Complaint or tape the Complaint to the door of the property. The tenant will also get an orange copy of the same Complaint through the mail. The Complaint says that a hearing will be held at the District Justice's office on a particular day and time. The tenant should tell the District Justice if the tenant intends to come to the hearing and present his/her side of the case. The Complaint always requests possession of the property and may ask for back rent or damages as well. If the landlord is also suing for back rent or damages, see the section Suits for Money. If the tenant has a claim to file against the landlord, this claim, called a "counterclaim", may be filed before the hearing. Both Complaints will then be heard at the same time.

  3. The Hearing - At the hearing, both the landlord and the tenant will be put under oath to tell the truth. Either may have a lawyer to present his/her case. The landlord will then take the stand and present his/her case. When the landlord is finished testifying, the tenant can cross-examine the landlord -- in other words, ask the landlord any questions the tenant may wish to ask about the case. When the landlord is finished presenting his/her case, the tenant takes the stand and presents the tenant's side of the case. Again the landlord has the right to question the tenant after the tenant has presented his/her case. Both the landlord and tenant have the right to bring any papers, pictures, or other evidence which is important to prove their case. Either one can also bring any witnesses they may have.

    The District Justice will decide whether or not the landlord is entitled to a judgement for possession of the property. If the landlord wins his/her case, he/she will get a judgement for possession and the tenant must move out. If the tenant wins, the tenant may stay. The District Justice may also decide whether or not either the landlord or the tenant owes the other any money. (See Suits for Money).

    If either the landlord or the tenant does not agree with the decision the District Justice reaches at the hearing, an appeal can be taken to the Dauphin County Court House within thirty (30) days after the District Justice makes his decision. Either the tenant or the landlord will need a lawyer's help in filing this appeal. If either the landlord or the tenant does not attend the hearing he/she will receive notice from the District Justice which says what the District Justice's decision was and on what date the decision was entered.

  4. Order for Possession - If the landlord wins a judgement for possession, which means the tenant must move, the landlord can then enforce the judgement. This means that no sooner than fifteen (15) days after the District Justice makes his decision and enters the judgement for possession, the landlord can have the constable give the tenant an "Order for Possession". This Order for Possession is a notice telling the tenant that unless the tenant is out of the property by a date set on the notice (no sooner than fifteen (15) days after the date the tenant receives the notice) the Constable or Sheriff can forcibly set the tenant and his/her belongings out of the house or apartment. This is a total of at least thirty (30) days after the judgement for possession was entered.

    If the Constable has to forcibly evict the tenant, and the tenant has not arranged for a place for his/her furniture and belongings, the Sheriff or Constable can store the furniture and belongings at a storage company at the tenant's expense. A tenant must pay any storage bill before getting his/her furniture and belongings back. If the tenant does not pay the storage bill or make arrangements regarding the furniture and belongings, they may be sold by the storage company to pay the storage bill.


If the tenant wants to appeal the District Justice's decision, the appeal must be filed within thirty (30) days after the judgement for possession has been entered by the District Justice. It is then possible to stop the eviction until after the appeal is heard in the Court of Common Pleas, although it may be necessary to post a bond unless the Court gives permission to waive the bond or to deposit rent instead of a bond. The process of appeal may take several months.

Tenant Defenses to Landlord's Eviction Action



Sometimes a landlord will tell a tenant to move right away, or next week, or threaten to get the Sheriff to throw the tenant out, change the locks, shut off the tenant's electricity, etc.

The landlord cannot legally do anything to evict a tenant other than to follow the procedures through the District Justice's office set out above. If the landlord tries any of these other methods, the tenant should see a lawyer immediately to protect the tenant's rights. When visiting an attorney, a tenant must always remember to take the lease, rent receipts, notices, complaints, and any other written documents that apply to the housing situation.


The landlord can sue the tenant for back rent or damages. The tenant can sue the landlord to recover the security deposit, or to recover excess rent paid. When the plaintiff (the persons who brings the suit), either landlord or tenant, is claiming that the defendant (the person sued) owes the plaintiff money, the procedure through the District Justice's office is the same as when the landlord is claiming possession of the property, from the time of the original notice from the District Justice's office through the hearing.

A lawsuit in front of a District Justice can combine several different types of claims in one suit. For example, using the form set out above, a landlord could ask for possession of his property plus back rent plus damages to the property. The landlord need not ask for all of these things in one suit. The landlord could ask only for possession of the property in one suit. This does not mean that he/she gives up the right to bring a later suit for damages or back rent. Also, it a tenant does not raise a counterclaim against the landlord's lawsuit, the tenant can file a separate lawsuit at a later date. It the lawsuit is for money only, and does not contain a claim for possession of the property, the form used is similar to the one when the owner is claiming possession of the property, except that the title of the complaint is different. Instead of "Landlord and Tenant Complaint" in the upper right-hand corner, the title will be "Trespass and Assumpsit Complaint".

It the District Justice enters a judgement for money at the hearing, either the Plaintiff or the Defendant can appeal the decision to the Common Pleas court within thirty (30) days after the judgement is entered. Remember, if there is a judgement for possession, the appeal must be taken within thirty (30) days.

If no appeal is taken, then the person who owes the money must pay the amount of the judgement to the other person. If a person has a judgement against him/her, and he/she is unable to pay all at once, he/she may ask the District Justice to set up a payment schedule over a period of up to six (6) months. As long as the court agrees and he/she follows this payment schedule, the person he/she owes the money to cannot "execute", which is explained in the next paragraph.

Once a judgement has been entered, and not appealed, the person to whom the money is owed may "execute" on the judgement it the other person (the debtor) doesn't pay. One way to execute is to ask the District Justice and his Constable to help. The more common way to execute, or enforce the judgement, is to file the judgement at the County Court House. The judgement cannot be filed at the Court House until the appeal period (thirty 30 days) has run out. The person to whom the money is owed may then ask the Sheriff of the County to schedule a Sheriff's sale of the belongings of the debtor. Any money raised at the sale is used to pay the court costs and the judgement.

Every debtor is entitled to set aside 0.00 of his/her own property which the Sheriff cannot sell. The Sheriff cannot sell any property which does not belong to the debtor. The debtors are entitled to select their own 0.00 worth of property, and if the debtors do not select 0.00 worth, the Sheriff must set aside 0.00 worth of property for the debtor, or save 0.00 from the sale to give to the debtor. If the debtors are husband and wife, they are entitled to 0.00 each. or a total of 0.00 worth of property. The Sheriff can then sell any of the debtors' property that is left over at a public auction to the highest bidder. The Sheriff could also come back and start sale procedures again later if he has been unable to get enough money to satisfy the whole judgement.


Unlike a private landlord, the Housing Authority can only evict a tenant 1) if the tenant is responsible for creating or continuing a threat to the health and safety of other tenants or Housing Authority employee or 2) for "good cause". What amounts to "good cause" in justifying an eviction depends on the facts of the particular case, but certainly non-payment of rent could be considered "good cause". There can be no eviction based on the end of the term, as there is in a private landlord-tenant relationship.

Before an eviction, the Housing Authority must give the tenant fourteen (14) days written notice if the eviction is for non-payment of rent and thirty (30) days notice for all other reasons. In the notice, the Housing Authority must also state that the tenant has an opportunity to file a "grievance". This "grievance" is a written complaint filed by the tenant with the project manager, disagreeing with the Housing Authority's reasons for the proposed eviction. Once a grievance is filed, the Housing Authority must attempt to settle the matter informally, and then hold a hearing if this informal settlement proves Impossible. After the grievance procedure is completed, the Housing Authority must then file a Complaint with the District Justice to complete the eviction process.

The correct procedures for the grievance, and all of the rules and regulations of the project or leased housing, should be posted in the manager's office. It is a good idea for tenants to know these regulations and to refer to them when necessary


Residents of mobile home parks in Pennsylvania have special legal rights under a law called the Mobile Home Park Rights Act Under this law, "residents of mobile home parks" are people who are buying or who already own their mobile home, and who rent space in a mobile home park containing at least three (3) mobile homes. The law does not cover people who are renting a mobile home. These people have rights under the Landlord and Tenant Act. (See sections A through D)

When Can You Be Evicted? (If the resident owns the mobile home and rents lot space). Residents of a mobile home park can be evicted only for the following reasons:

  1. Nonpayment of lot rent; or

  2. Two or more violations of park rules within a six-month period; or

  3. The park is closed or the park land is changed to a different use.

To evict a resident for nonpayment of rent, the park owner must notify the resident by certified mail that an eviction case may be started in court unless the resident pays the unpaid rent within 20 days of getting the notice (30 days if the notice is given from September 1 to March 31 ).

To evict the resident for breaking park rules or for breaking part of the lease agreement, the park owner must first notify the resident by certified mail Of the violation. The owner can bring an eviction case in court only if the resident breaks park rules or breaks the lease again within six months.

The park owner must get a court order to evict you. Even if the park owner gets a court order, you still have 30 days to appeal it to a higher court it you have a good reason (defense). The park owner cannot legally evict you in any other way. such as shutting off your utilities or padlocking your door.

Also, you cannot be evicted because you have exercised your rights under the Mobile Home Park Rights Act or any other legal right, and your landlord is getting back at you by trying to evict you.

Do You Have To Follow Park Rules?

Yes, but the rules must be fair and reasonable and the owner must:

  1. Give you a written copy of the rules; and

  2. Post the rules in a place in the park where all residents can read them; and

  3. Apply the rules equally to all residents.

Are There Other Restrictions on Park Owners?

Yes. Park Owners may not:

  1. Require you to buy underskirting, awnings, or other mobile home equipment from one particular supplier, but the owner may require a certain type of material and say how this equipment is to be installed;

  2. Prevent you from selling your mobile home; but the owner may reserve the right to approve the buyer as a resident of the park. However, the owner cannot unreasonably withhold approval;

  3. Charge any fees for moving your mobile home in or out of the park:

  4. Charge more than the actual cost to install or remove the mobile home;

  5. Charge a fee if you have visitors, unless the visitors stay overnight so often that they can be considered to be living with you;

  6. Charge any rent, fees, or service charges that you were not told about in writing at the beginning of the lease. However, the owner can increase rent and service charges by giving written notice to the resident and posting notice of the increase 30 days in advance, or in advance of the end of your lease term, whichever comes later.



ok heres what i owe..total my rents usually 5.month..so ive been payin 0.00,july,aug.475.00,car repairs550.00 sept..,oct.500.00,n sunday 340.00,but its been backed up since march,but ive been giving somethin every month since..unless a emergency came up.,but its total is 5.00 but it is 0+205 late fees.=5. thats it.this is the ledger for year,shows all my payments ive attemted,and also december's is listed some good friends here told me,theres others who HAVENT PAID A DIME IN MONTHS ZILCH..i at least try n give what i can..n welfare.this was asked of them n they blew me off..last month..like i was number at the deli counter..thanks guys for support..LETS SEE A MIRACLE HAPPEN TOMMOROW.I NEED ONE.VERY SCARED..family friend also left them  message(prk manager)tonite.b/c i get so confused n overwhelmed on talkin to big wigs.IF THIS GOES BAD TOM. I WILL NOT LEAVE HOUSE ON THANKSGIVING.MAYBE CALL NEWSPAPER.my family would think im A REAL BIG LOSER.B/C OF THIS

Cyndie I know it is hard but try to not let it drag you down too much.  That link I just posted, at the bottom it has specific laws for trailer parks.  So read over what I posted, print it out and show it to your case manager.  Plus if you could show to the judge that there are other people there that haven't paid any rent in months then that looks better for you!!  Hang in there!!!!


You'll be in my thoughts!! Good luck with everything. Tammy...you are awesome! Great info!

Thank you.  Glad I was able to help Cyndie out a bit.  I know situations like that can be so overwhelming.  And its the least I could do for her.


THANK YOU TAMMY, OK LOT READIN BUT GOT IT,SO TODAY I ONLY GOT AT MY DOOR WAS FROM PARK MANAGER,NOTHING FROM A COURT.UNLESS ITS INSIDE POST OFFICE BOX,NOTHIN ON MONDAY.I KNOW few yrs ago alex n i lived here together n nother comp.owned park,constable handed a legal complinat to us,n it said wat was owed.n court costs unless paid before..so he always called upon someone to pay it..right away so it didnt go into court district justice.n then we were ok..hang on i do have a copy im gonna seeit.so basically reading this is same law going through filing at district justice office n cnstable has to hand over to me,,unless THE MIRACLE HAPPENS TOMM.I CAN GET THE MONEY N PAY THEM.AM I RIGHT, IF I DO COME UP WITH THE MONEY FROM SOME AGENCY'S ALL OF IT,N IS PAID,CLEAR AM I OK.OR NO??  the new mobile park owners own 4 other parks, and its hard reading there statments compared to last ones.if it says JUDGE N DATE THEN U RUN UR TAIL AROUND GETTIN MONEY..BUT THESE WERE THEREPAPERS..SO WATS THE DEAL..I JUST WANT THIS TAKIN CARE OF ASAP..FLIPPIN WELFARE UGGH ON THEM BAHHUMBUG.!!!!lol.i needed a funny.so i would need to see judge first b4 packing my things.

Cyndie, I'm so sorry that I haven't posted yet to lend you support during this rough time.  You have been in my prayers, though!  I'm so glad that it looks like things are going to work out for you. 

I just want to send you HUGS!!!! 

I hope that you and Christian have a wonderful and happy Thanksgiving! 


I am glad to hear that so far things seem to be working out a little and hopefully the rest will all come through and everything will all work out.  I give so much credit to all the single moms out there, I just do not know how you do it.  It is hard enough being married making it, but being single , I could not even imagine.  My DH and I went through practically the same thing a couple months ago.  We were almost 4 months behind on our mortgage and they were in the process of foreclosure, but by gods blessing, my mom came through for us at the last minute and got us all paid up, now we just have to keep our mortgage paid upCyndie, I haven't been on in a while.  I hope that all comes good for you.  Hugs, Hugs, Hugs.

Cyndie, You are in my thoughts and prayers. Please keep us posted.



Cyndie, I am so glad that things are looking up for you.I will continue to keep you in my thoughts and prayers. With lots of love!I hope things continue to work out for you Cyndie, hang in there
Copyright Autism-PDD.net