Angelina Jolie

Served with an eviction but never received a "notice to vacate". What chances do we have in court with a jury?

-We were served with an eviction notice on 12/28/11, but NEVER received a notice of eviction from the office/manager. Just going by this statement, I would say they have messed up already on the eviction process because we never got a eviction notice from the office.

-Before being served the eviction, my fiancee had a long talk with the manager and told her the horrible stuff that has crashed down on us all at once. After telling her this, she acted like she wanted to help, so she said if we were out by Jan 4th, we could get out of our lease free and clear and said that she would even give us a good recommendation. Well the next week she was on vacation and her asst was answering the phones. We told her about what Amy, the manager, had promised us and the asst said that the information that Amy guaranteed us was supposed to be done by some other date if we still wanted the “special deal”. So we told the asst that we would only talk to Amy from now on. After that phone call, we were so confused about what was going on and what info was right and what was wrong. We tried over and over to contact Amy but she was not available everytime we called. Correct me if i’m wrong but, did Amy not break the original lease when she offered us these “special deals” that they can’t even get right? I don’t find the lease being valid after she offered these “special deals” considering the lease states nothing about the manager being able to make different special deals for certain residents. I would think that Amy could be in a world of trouble if word got out around the apt complex that shes making us deals to get out of our contract free and clear but not offering the same to any other tenant. I mean I guess we were considered “lucky” that we were offered this deal and no one else was. But even though we were offered this “deal” no one can get straight, we still dont know where we stand and we need some advice before going to court with this.

-The last payment that we have paid was in November and when I went to pay the payment in the office face to face with the manager, I told her what was all going on and that we are doing everything in our power to get her the rent money for next month, but we have had some extreme extenuating circumstances that are beyond our control. I informed her myself that we have had a key logger hack into our computer and getting all of our info and draining any and all kinds of funds that we had. Then, we applied for loan after loan hoping that we could get enough to pay rent. We got approved for some loans but not many and had the funds wired to my bank account. Literally before I could even access my account, the funds from the loans we did receive were all gone. Now, my bank acct is in the negative because i’m suppose to be paying on a loan that WAS TAKEN FROM ME THE SECOND I GOT IT. After all of this things just turned for the worse. I have just won a custody battle in which the father of my child is supposed to be paying child support but he isn’t. Now I have to wait for the courts to try and get it from him by his job. This process is going to take a while. Now we have responded to the eviction letter, even though we never received a eviction notice, which is required by state law, we have exercised our right to a jury and have already paid for a jury to hear this case.

-Now that you have somewhat of an idea of what’s going on here, in this situation, what would you do? I guess what i’m asking and really needing to know is, when we go to court, considering the circumstances that are out of our control and informing you of what the manager has done, what advice would you give us that may help plead our case better and maybe get a fighting chance? What do you think our chances are in court? If you have been in a similar situation, or not and have any advice, it would be very appreciated, Thanks!!
Oh and please don’t bother to reply to this question just to put something down. I need help and that is just what yahoo answers are here for, to help people with any question they may have.
Oh and I live in the state of Texas. I’m not sure if that matters or not.
Follow up to Quizzard’s reply- I’m not 100% wrong. The manager isnt following the lease agreement and has broken it and its against the law to do so. Also, I think that the judge might be interested in her trying to make these “special deals” to let some residents outta thier lease free and clear and others have to stick to theirs? Thats serious, and if the people in the same complex knew that she was waving all of our fees and not letting it go on our credit, what do you think people would do?? THINK ABOUT IT.
Oh and btw, wtf is with your name?? Quizzard? Really??
Yeah your right, there is a reason why they are top contributors. If I had all day everyday to sit on my butt and answer peoples questions on yahoo answers, then i’m sure a whole hell of a lot of other people would be “top contributors”. Now that you mention it Kyle, there’s also a reason why YOU aren’t a cool “top contributor” so I don’t know why you are even talking. Those of us that have real lives have more important things to do with our lives then to sit on yahoo answers and be the cool “top contributor”. Just because they put their opinions to peoples ?’s on here doesn’t mean they are correct, all it means is they have no life and nothing else better to do with their time so they sit on the computer all day answering peoples questions hoping to reach the top and be the almighty TOP CONTRIBUTOR!