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Eviction - (unlawful?)

Posted by J.Fowler on June 26, 1998 at 23:58:01:

I have resided in the same building for four years. My boyfriend was added to my lease two years ago. This is where it gets a bit crazy: our personal financial agreement was that he paid rent, I paid bills, as the two were equal amounts. My boyfriend did not (could not) pay the rent for four months. He did attempt to negotiate with our Landlord but had some pretty serious financial problems and our Landlord would not wait them out. The worst part of this is that I had NO IDEA that the rent was not being paid (my boyfriend being too proud, etc. to tell me!*@!) I simply came home after work last Friday and found a locked apartment. My boyfriend had come home a few hours earlier than I, to find movers inside our apartment, throwing our belongings into boxes. It turns out that he had received a notice (which he kept from me) in the mail, notifying him that he would have to go to court. He then called the landlord who advised him to pay the rent, along with a $75 fee for legal expenses. This being two months after no rent had been paid. My boyfriend sent a check - which bounced(!) but continued to attempt at a negotiation with our landlord. Another two months followed (4 months total) and no rent was paid. Then this scenario of being locked out. My question is - I was never served notice of eviction - and I'm the primary lease holder! I was never personally served anything nor did I see anything posted to our door (as I now understand to be the proper procedure.) If I can't get my apartment back (I'm in court next week) can I at least clear my name from the judgement somehow? Any knowledgeable advice is greatly appreciated.....

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