I have been doing research the past 5 hrs... head is ready to burst.
My husband has no interest in this, not on the lease, does not even want to rent (he said leave it vacant and dont pay mtg - if we sell we sell, if not the bank can have it). I did speak to a lawyer and they did state as long as he is not a part of the rental agreement it is legal. I did and have it marked down every attempt I made with either a friend or my husband with times and dates.
I did print out the postal proof a notice was indee left 11/19/11 at the home. I had until the 17th to serve her, we tried repeatedly over the 4 days. Copies were left at home as well as snail mailed and certified mailed.
I cant find anything about serving papers but has to be a person 18 or older and is not a part of the proceedings.
Besides that, she still confirmed she had notice in writing on Nov 17 requesting access to the home to fix the pump. She notified me the 12th it was broke, I refused to authorization to fix and asked for access to being ignored. Now in her petition she turned it around stating I told her she broke it and she has to fix it. Thankfully I kept all the texts to show proof that is not what was said. My husband did try to gain access on the 13th and was texted to her we need access to being ignored. This is why we made it in writing and mailed which she confimed receipt on the 17th.
She confirmed the 30 day vacate letter received Nov 29, 2011. So why is she still there?
Confirmed the 3 day pay or vacate order received.
Basically she is stating the house has repairs needed which is why she refuses to pay rent. She states the petition was improperly served and she had not received any notice which I have the proof from the website that is not true.
I have proof to her repeated lies.
The fact is still, there has been no communication from her since Nov 12, 2011 until today when she served me. I do not have a operational phone number (she changed the number). She does not answer her door when we go in, does not respond to my emails, my letters or my notices. She claims she emailed me and sent me a letter to which I still yet to receive.
I am calling tomorrow to learn how to do a holdover eviction. I can not find anything online like I did for the non-payment petition. Is this the way I should go now that she is past her 30 day vacate or should I do another eviction due to non-payment? This is in case she wins the case that it was improperly served..if that happens, this lawyer will have a ear full. I just want to be prepared and immediatly file if need be since I am right there. I live an hour away so at once would be better.
I do plan to ask in front of the judge why she is ignoring every attempt, why she is holding rent, where the letters are being sent because I still yet to receive, and if she intends to pay Jan rent. Also a phone number.
Also I would like to know why it took so long for her to do anything? I went in on the 30th to see if she was moving or not. There was no evidence of even a pending move (this was after our 30 day vacate since she had that served Nov 29). I left notice in her mailbox since she refused to answer that I need correspondance immediatly in regards to the keys.
She did also confirm that Dec 23, she had received notice I obtained the warrant of eviction due to no show on her part. She picked up the certified mail Dec 29, 2011. It took her until Jan 3rd to do anything about the order of cause.
She failed to pay full rent in Nov, nothing in Dec and nothing in Jan now.