[nolalakeviewgirl]

I am a katrina victim. I lost my job and my house. I am not whining--I found myself a great new job and moved back to the city the beginning of this year very excited about this new job. I have not asked for handouts or assistance. It cost me a lot of money to get moved back. My new job could not get me on direct deposit for 2 pay cycles--headquarters are in another state. My first paycheck was sent regular mail and I never received it. By the middle of the month I requested that that check be cancelled and reissued and my second paycheck was due as well as several expense checks. All of these checks were sent to me express mail with a tracking number. The US postal service has lost this package as well. I have been tracking it since 1/16 and it says enroute from Baton Rouge even TODAY. After a week I started camping out at the post office and they assured me that since it was enroute from Baton Rouge that it would only be a day or 2 more. This went on another week. Finally, I had to ask my employer to cancel all of those checks and fedex them to me overnight. I got them on the 4th of Feb. This has made my rent late which was due on the 1st of Feb. The landlord was well aware of my mail problem and I told him I would have it on the 4th. He is only in his office 1 day a week so I tried to wire him the money but his bank couldn't seem to verify his account even though I had his routing info and account number. I have documentation of this. He now refuses to accept my rent. I have a letter from the postmaster accepting full blame for failure to deliver this express package. I went before the justice of the peace today and with all my documentation, he still ordered the eviction in 24 hours. Fortunately, I filed the proper paperwork in order to have an appeal heard. (The bar association called me on my cell phone enroute to the hearing and told me how to do it myself) Congressman Jindal's office even made a courtesy call to my landlord asking him to please accept my rent and he refuses since it was late. Do I have any legal recourse due to the non-performance of the US Post Office? I haven't been able to find other housing---there is NOTHING

[Jeff Chandler]

Contact a local church and explain your situation. They may be able to provide temporary assistance. Since you are obviously not a freeloader, there is no shame in that (you need a place to stay). Of course, the proper thing to do is to repay whatever it costs the church when you can afford to, in order to allow them to help others.

I am no lawyer, but I wouldn't think that taking on the U.S. Post Office is a winning proposition. Besides, it's probably not a good idea to upset postal workers, if you know what I mean.

[Flifuss]

The landlord might just be protecting his rights under the lease agreement. If you signed a lease agreement with the landlord (Lessor)and that agreement has no specified grace period (late payment), then if the Lessor accepts a late payment, the lease agreement now has an implied grace period. The landlord then loses certain timely eviction rights if you fail to pay in a timely fashion in the future.

This may not be the problem and is just speculation, because I don't know your specific circumstances, but, if the above is part of the problem, you can always affirm in writing that the lease agreement will not be altered by your late payment.

[Search4Truth]

It's probably because the landlord has tenants that will pay more. Lot of that going on.

I lived in Lakeview. I'm now living in Lafayette. A great town. As a landlord in the past, I had to give a tenant 30 days notice to vacate. That's why one collects both the first and last months rent for a tenant to move in. Perhaps there are some interim laws enacted due to the disaster. There was a temporary moratorium on evictions right after the disaster. But they expired.

So I don't understand how your 24 hour eviction is possible. PM me if you would like to talk. Maybe I can be of some help. I'm in a FEMA trailer in Lafayette.

[blu]

The Brief, for the Short Attention Span Theater:

1. She has a job

2. Checks were supposed to be direct deposited...didn't happen.

3.Missed 2 paychecks due to trouble with direct deposit.

4. Checks were express mailed to her, but lost.

5. Rent late, but ok. Landlord tells her to wire rent.

6. Wire does not go thru

7. Landlord now won't accept her rent.

8. She has the money

9. She has a job

10. Please read # 1, 8,9 again. Hey, how do you all get those big feet in your mouths anyway?

[BigSkyFreeper]

The last time my postmaster took responsibility, he told me to make the check out to "USPS", and I stormed out of there yelling "That's the last time I go postal!!".

[Route66]

With so much documentation and considering the situation in your local area, you have a pretty tough landlord. Still, he needs to pay his bills on time, too.

I won't be of much help with your legal options, but you have nothing to lose by pleading one more time with your landlord for another chance. If that does not work, ask around work to see if anyone might be willing to take you in as a paying roommate until you find a place. I know housing is hard to come by there, but if you put the word out everywhere you can think of, something will probably turn up.

Don't stop trying and a door will open for you. Good luck.

[Darkwolf377]

If you can't find housing, check the area for homeless shelters. You can then work while saving for the deposit for an apartment that opens up. I find it hard to believe there is NOTHING in terms of apartments.

[iraqwarvet]

I've got a great idea! Why don't you move to another state?
The mail is probably still having problems getting delivered properly.
Besides that, after all of this mess with the hurricane, why in the world would you move back there??
If you stay, you may want to buy a raft.

[WatchOutForSnakes]

Welcome nolalakeviewgirl and just ignore the idiot posters on here. Most of them don't even read the article or post before jumping on people. Anybody in the area KNOWS how bad the postal service is down here right now and your story is perfectly believable. Also, I would imagine the landlord has somebody already who is willing to pay more rent than you are obligated to pay right now.

I'm afraid I don't have an answer for you but I hope it works out. If some of the posters are right and this turns out to be a hoax than so be it. But in the meantime I prefer to have faith in people and give them the benefit of the doubt. What have I lost if it proves to be otherwise? Nothing.

I also find it funny the way they jump on "newbies" as if they aren't worthy. Everybody was a newbie at one point, right?

[SwinneySwitch]

"The landlord was well aware of my mail problem..."

Does your city have a TV or radio station that looks at A-holes like this? He might change his mind in order to avoid the exposure.

[Knitting A Conundrum]

It used to take 3 months to get you evicted in New Orleans. Has that changed?

[jwalsh07]

Not good. Unless the Louisiana legislature has changed the law since Katrina to ameliorate the disruption, the scumbag you're renting from is gonna win. There is no grace period for late rent in Louisiana law and your rent was late. More bad news, in general the government can't be sued for non performance. (Imagine if they could. :-})

I think you should head out to greener pastures. I have no idea how old you are but America is a big country. I wish you and your pets the best of luck.

And if you lose I'd be happy to write your local newspaper a letter identifying your lessor as Mr Scrooge.

Good luck!

[BossLady]

I sympathize with how you are being treated by the USPS. One day last year my mail carrier just decided not to deliver my mail anymore. No reason was given. It took me 2 months; camping out at post office, 5 phone calls from USPS 'Special Problems' Division, a conference call with my postmaster and others to get it straightened out. I cannot imagine what you are going through right now and how frustrating it must be for you.

How long do you have to wait for the USPS to find your 'Express Mail'? How about having Corporate HQ send the paychecks Fed Ex to your work since getting them at a mailbox seems impossible right now? Just a thought.

Looks like some questions about the eviction could be addressed by some of these people:

http://neworleans.indymedia.org/news/2006/02/6929.php

[Dashing Dasher]

Join the military.

[Poser]

Sorry. No sympathy here. IB4TZ???

[Porterville]

Get a job?... Catch and eat rats? Catch and eat cockroaches? Prostitution? Suicide by alligators? Drugs can numb the pain. Try alcohol. Blame your dad. Hell, blame Bush, IBM, and Walmart.

[festus]

If they can't figure out how to pay you quit and get a job with a company who can.

[Drango]

there is NOTHING

Did you have Professor Zeller for Philosophy 101? He was sooooooooo kewl. His lectures on Nietzsche were the best. Does he still wear blue jeans in class?

[Darkwolf377]

http://www.slidellccc.org/la_shelters.htm

[Darkwolf377]

http://www.google.com/local?hl=en&lr=&q=homeless+shelters&near=New+Orleans,+LA&latlng=29954444,-90075000,8739209117579712328