February Chat (Feb DDC) - Page 3 - Mothering Forums
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#61 of 297 Old 02-04-2015, 02:14 PM
 
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Yeah I'm not sure I will...I'll bring a loose gown just in case I'm not feeling the skirt. They say you lose all your modesty anyway so who knows, maybe I'll feel comfortable just taking it all off when pushing comes around lol.
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#62 of 297 Old 02-04-2015, 02:20 PM
 
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Yeah, I'm okay with the hospital gown while in labor. There is so much pain that I just lose all modesty, and it always fits terribly. It's so loose and just sort of ties in the back, I don't think it'll be much of a problem to just pull it down to do skin to skin. I have it in my birth plan that the baby should be put directly on me and they can do APGAR scores with him on me, not to take him away or wash him. And we're going to delay the eye ointment and vit k shot. So, really, my hope is that everything goes smoothly and everyone leaves the room asap and I can start trying to breastfeed before he goes into a coma.

Bren, I would probably wear the long skirt to the hospital just to have something that is easy to wear and take off when you get there if you feel like it, and wear a long nightgown like what you said.

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#63 of 297 Old 02-04-2015, 03:04 PM
 
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I hate hospital gowns. All the snaps and ties and openings are annoying. I wore a knee length night gown last time and threw it off (I was on my knees so it was easy to take off right away) when the baby came out. I plan to do the same thing this time. Yes, all modesty is out the window for sure!

The hospital might frown upon a long skirt if they plan on doing exams during labor.

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#64 of 297 Old 02-04-2015, 06:53 PM
 
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I'm very modest now, but not in labor. Apparently I think MY birthday suit is the best thing to wear to a birth. Haha! It's only awkward for everyone else!

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#65 of 297 Old 02-04-2015, 07:38 PM
 
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I am also procrastinating on packing for the hospital. I've at least made progress in creating a list of things I need to pack! And I also packed a bag for the baby. Probably waaaaay too much stuff in there, and that's after I talked with the doula about what they provide for the baby at the hospital and took half of it out. Some of those packing lists online are ridiculous (which I followed for the baby's bag).

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Do you have a moby? I love those for the little teensy ones.
Yes, I do have a Moby that my sister gave me. She said she never really got into wearing it and relied on the Ergo way more. I am thinking the Moby might be more useful in the first few weeks, but haven't figured out how to wrap it yet. The doula offered to help me with that. So yeah, maybe I've made a bigger deal about the infant insert with my mom than it really is, but it just seems silly to not have something available to me to use because my mom is saving it for a visit. And what happens if she ends up not being able to come for a while due to weather, sickness etc.?

@bren94 , hope your couple days alone go well and that you have someone close you can call if something happens and you need help.

@cagnew , I also LOLed at your kids. I love hearing the funny reasons kids come up with to get out of bed, although I'm sure it's not that funny when it's your kid and you're tired. I'll learn soon enough.

Although I've felt pretty good in general this pregnancy, I have days here and there that aren't so great. The hot flashes really ramped up yesterday at work, and then today I was SO HOT nearly all day long. My morning already started out feeling slow and achey and pressure-y, so most of the day I was feeling uncomfortable. We had several meetings back to back, and at the breaks I had to get up and walk around and get some cool air. At one point I came back and my boss said he thought I might be off giving birth in the coffee room. I think people at work are convinced I'm having this baby soon. I am not having any real signs of labor, but keep wondering if any of this stuff is signaling the beginning of the end. And then I think it just hit me today that I AM GOING TO HAVE A BABY SOON - HOLY SH*T!! I've been following along with the recent birth stories and seeing baby pictures and watching birth videos, and it's finally sinking in that my turn is coming soon. It's no longer an abstract concept. I don't think I'm necessarily freaking out, as I'm still pretty calm about labor and trusting the process, but I'm starting to think I might be a little naive about how it's really going to feel. It's been really nice to have all of you here sharing your stories and knowing that you're all getting through it wonderfully, so thank you.
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#66 of 297 Old 02-04-2015, 08:08 PM - Thread Starter
 
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@sarahjs , I would feel exactly the same way! Even if you aren't going to end up wanting the Ergo right away, why withhold the insert from you?! Yes, that bugs!

Ah, modesty. My parents are deaf, and my husband works with student interpreters, so we've lined up a small group of highly skilled student volunteers to try to be available to support my mom's communication access during the birth (...could this be our ONE down side to home birth?! A hospital would take care of this for us!) and man, was it ever awkward to be like "So, he's a professor in your department and we're pretty much asking you to be okay with his wife's potential full-on nudity." Thankfully, he's got some total champs lined up who will be able to take it in stride. It's one thing when it's birth workers or family members, you know?--and quite another when it's a completely separate skill set that you just happen to need in this context!



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#67 of 297 Old 02-05-2015, 02:25 AM
 
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forest: There is no way in heck I would sleep on the futon. No way. I'm a very conservative person- I believe in gender roles and wives being submissive and all that stuff- but I would set DH straight right away about who this period of time is all about. You and baby. That's it. You are there for the baby and he is there for YOU. No one else. One of my friends has an overbearing DH and he had her up and cooking for his family the day after she had their first baby. She ended up completely exhausted after the third day and couldn't get out of bed. Infuriating. (not implying that your DH would be anywhere near that extreme!)
So funny to hear my grumpy rant reflected back at me. Both my husband and I are feminists- I am so not about being submissive, and if you met my husband, he is the antitheses of overbearing - like actually one of the softest, sweetest people ever. Thing is, we are both caretaker types, and that can be tricky. Sleeping in the guest room was my stupid idea - but that was before realizing the futon would be uber uncomfortable. Sigh, he was actually OK with his parents coming whenever, and I had to go an have some kind of oxytocin rush that got me all melty over their grandparently love... Ah well, we'll figure it out!

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The 5 year old started screeching at 530am because "the night was taking too long"
Ha! I totally get this kid. That's how I feel every night. In fact, it's 4am right now and I am up for just that reason.

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Sorry for the grumps yesterday, Forest! Pregnancy is tough on your body, which creates angst in your mind. It's almost done, though! I think your priorities change after the experience. It's hard to understand the energy that will be present from that side of the finish line. I tried to be conscious of that and hold no expectations. I'm the hostess, so I thought I'd really feel the need to continue to impress my guests-- but there is not an ounce of that need! From my husband, either. The baby and me are his priority. He'll drop a conversation to stare and laugh at his daughter, or get me a glass of water or whatever I need. He'll surprise you. He's gonna fall in love with you all over again, and dote in ways he's never done before!
So true. Today was MUCH better, thankfully! We're both just angsty for different reasons. And he has no concept of what its going to be like whereas, I made a career of supporting families at precisely this stage for years. I have complete trust it will all fall into place after the birth.

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@bren94 Honestly, I plan to wear a hospital gown while laboring with my comfy bathrobe from home. Birth is messy business and I feel like getting my clothes dirty will be just one more thing I don't want to worry about.
Totally. I kind of wish I had one for home! What do you homebirthers suggest? I am thinking one of my hubby's t-shirts will suffice.

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I am thinking the Moby might be more useful in the first few weeks, but haven't figured out how to wrap it yet. The doula offered to help me with that. So yeah, maybe I've made a bigger deal about the infant insert with my mom than it really is
Moby's can be a pain to wrap, but they're awesome once you figure it out - so cozy and womblike for baby. Definitely have your doula help you, and get her to help again once baby is here. I don't think you are overreacting at all. Sounds to me like mom is being a bit insensitive of the support you are needing right now.

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And then I think it just hit me today that I AM GOING TO HAVE A BABY SOON - HOLY SH*T!!
I totally relate! It's surreal to think it's already this late in the game. And as first timers, we have no idea what to expect!


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#68 of 297 Old 02-05-2015, 05:08 AM
 
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One of the first things I said to my husband after our experience was that I never ever ever would have imagined I would be so egoless around him. Modesty... phhht. Gone when your presence remains so deeply inside. Naked, oozing all sorts of body fluids, asking for a box to shit in and doing it without regard, vomitting... Geesh, I'm making it sound like a hoot of a time, eh? I was really floored by my lack of grace during labor, and my apathy toward it. Even more floored that my husband didn't react with any amount of judgement or repulsion. The whole experience is so raw and beautiful, there is no space for judging. It's awe-some.

Sara, I've been wanting to share about the pain, but I don't want to scare you all! I'm not coming at it from a "OMG it's the worst pain- get the drugs!" debbie downer position, but from a ... don't fear how bad the pain gets. I found myself going to a place of fear and doubt that it should feel as strong as it did. I questioned whether there was something wrong, should it really feel like THIS?!?! The funny thing was the space between contractions. Each contraction would bring on all sorts of primal noises to try to combat the pain. Some contractions were met with exclamations of, "I can't do this! Get this thing OUT OF ME!", others I was able to remain curious and release my fears, and coax the baby out, "Come on baby, come on baby, come on baby! We want to meet you!" But the moment the wave of the contraction left, so did the pain and the memory of it. That space between contractions really was some of the most relaxed I've been.
In hindsight, that was my biggest realization, which made me want to go back and do it again. My reaction to the pain, while I tried to remain curious, sometimes went to fear and doubt. To go back and surrender so completely to trust and knowing that all is moving forward just as it should be would be a real gift.
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#69 of 297 Old 02-05-2015, 06:05 AM
 
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Wow. Glass baby bottles are no joke expensive!
I can't find any locally. Are they really that much of a rarity?

Gonna suck it up, but a plastic world sure is much cheaper in the short term!


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#70 of 297 Old 02-05-2015, 06:24 AM
 
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@happyday8598 and @sarahjs I liked this blog post a lot. It talks about birth being painful (for many or most, at least) and it's okay to feel fear- feel the fear and birth anyway! http://midwifethinking.com/2013/03/2...-birth-anyway/

I personally think Ina May and other women like her do a bit of a disservice to new moms and first time natural birthers when they make statements about how birth isn't painful or doesn't need to be painful. Do some women swear up and down that they felt no pain, only "rushes" and power? Yes. And I believe them. I believe some women also have orgasmic births. But I ALSO believe these women are few and far between, and their births weren't painless just because they did something "right" while other women do something "wrong."

I felt like such a freak for being so loud and totally losing it with my first natural birth (during transition). I was proud of myself for doing it, but I felt like I was somehow a wimp anyway because of the way I reacted. My next birth went better and active labor wasn't bad at all, but I still yelled and cried during transition and stage 2. This time, I've decided to just own it! Yes! I yell and I am loud. I don't cuss or say mean things... I just beg God to put make it stop, lol.

There was a birth video I watched that totally cracked me up. It showed a woman in labor, doing okay for awhile. Then it showed her in the birth tub looking all relaxed- but she stopped the video and said, "I would feel like a liar if I didn't show what I was doing before the tub" and the video flashed to a shot of her screaming in a pillow on the hospital. It made me laugh out loud! But I think a lot of birth videos are edited quite a bit....
@happyday8598 I love that my DH isn't grossed out by birth! He even cleaned up my poop during the hotel birth and never complained. That's a real man! Haha!

Sorry for the long post! I'm not feeling very patient this morning and I am trying to bounce on a ball and get things moving!
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#71 of 297 Old 02-05-2015, 07:17 AM
 
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I was talking with my husband last night about the last birth and this one that is about to happen. He said that when I had the epidural, I was out of it. But I told him it's a regional anesthetic and that it doesn't make a person loopy, it just takes the pain away. So his perception of me being 'out of it' was really just me taking a rest and getting ready for pushing, and then after the baby was out, me taking another rest. Just not talking a lot. He also described it as 'gross', though he wasn't passing judgment. He was mostly just scared out of his mind and feeling so many feelings all at once. I was asking him if he was going to help me or be my coach, and he said that he will try and do whatever I want him to do, but that he probably won't know what to do. The only thing I can think to tell him is just to rub my back and give me encouragement, but during the labor I will probably ask him to shut up. Also, he said that although he loved the baby after it was born, that he really didn't bond with him until he was older. I think it's tough for him and for me, because although we have emotions, we aren't super expressive about them. Neither of us. Him, because he doesn't understand them, and me because I never learned the proper ways to express them. I do all sorts of things that are unhealthy like giving the silent treatment. Anyway, I would really like for him to be at the birth, but I know that I can do it alone and it would be about the same. The nurses are usually the best support and cheerleaders at the hospital until the doctor makes it in.

Also, per what cagnew said, I would tend to think that women who don't experience a lot of pain are the minority. I am a very natural person, but when it comes to the pain of childbirth, I am all about pain management with drugs. It is just so unbelievable how painful it really is. You would think our bodies would be designed better, just a little less pain would be nice. Enough to get your attention that this is a serious thing, but not in the amount that it comes.

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#72 of 297 Old 02-05-2015, 08:22 AM
 
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Wow. Glass baby bottles are no joke expensive!
I can't find any locally. Are they really that much of a rarity?

Gonna suck it up, but a plastic world sure is much cheaper in the short term!
These are in Hadley and the listing is fairly recent: https://westernmass.craigslist.org/bab/4825546605.html


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#73 of 297 Old 02-05-2015, 08:36 AM
 
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My midwife said something in our last visit about inviting the pain, being grateful for it. I think that makes a lot of sense - I mean those sensations bring our babies in! Also, I was reading Dr. Sarah Buckley's new report Hormonal Physiology of Childbearing: Evidence and Implications for Women, Babies, and Maternity Care. (can be found at http://transform.childbirthconnectio...ts/physiology/ ) and was surprised to learn about the role of cortisol (stress hormone) in healthy physiological labor. Often cortisol induces fear in us, and this is only inhibitive to labor when it brings on the production of adrenaline (other than in transition when adrenaline is uber helpful). So, I guess my point is that fear in birth may be a functional, healthy part of the process. And I would imagine Happyday's point about the break in between contractions/surges/whatever you like to call it, is key for letting all those hormones do just what they are supposed to do in the magical cascade of hormones that happens in birth. No judgement - it's a rite of passage after all. True rite of passage isn't pretty, calm or graceful, it is POWERFUL, You may not have been graceful, Happyday, but you bet you were powerful and that is awe-inspiring for any man to witness!


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#74 of 297 Old 02-05-2015, 01:57 PM
 
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I'm worried about how I'll react to the pain. When I had internal bleeding from a ruptured cyst, the pain was so bad I screamed profanities at the top of my lungs at one point, I couldn't help it. I have a low pain tolerance but I feel like giving birth will be different than typical pain. It's more like pain with a purpose. I just hope I don't yell curse words again, that was embarrassing haha.

My GBS test came back positive, boo but my midwife assured me it wouldn't get in the way of things too much. I'm just hoping that my water doesn't break until later in labor when I'm already at the hospital because I don't want to go before I'm in active labor. I'd like to spend as much time at home as possible.
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#75 of 297 Old 02-05-2015, 02:38 PM
 
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I am so happy right now, I just had to share! I just found out one of my best friends is coming to visit next week to go to my blessingway! She's travelling 7 hours with her kids to come. I was feeling really down about my blessingway because only 3 of my friends were going to be able to come. And apparently my husband's been planning it with her all along. They were going to surprise me! And I found out my dh is watching like 7+ kids so my friends can all come. I'm feeling really loved, which is so special, cause I've kinda just been going through the motions lately.
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#76 of 297 Old 02-05-2015, 03:09 PM
 
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@happyday8598 and @sarahjs I liked this blog post a lot. It talks about birth being painful (for many or most, at least) and it's okay to feel fear- feel the fear and birth anyway! http://midwifethinking.com/2013/03/2...-birth-anyway/

I personally think Ina May and other women like her do a bit of a disservice to new moms and first time natural birthers when they make statements about how birth isn't painful or doesn't need to be painful. Do some women swear up and down that they felt no pain, only "rushes" and power? Yes. And I believe them. I believe some women also have orgasmic births. But I ALSO believe these women are few and far between, and their births weren't painless just because they did something "right" while other women do something "wrong."
Yes to this! I definitely had misconceptions of natural birth being easy because I was familiar with the normalcy of birth and didn't feel afraid of it. I had been present for a dozen or so births, and the moms all seemed to get through it with relative ease. But I think if someone saw me throughout my labor, they probably thought I was having an easy time. False! It was incredibly difficult and painful.

I'll never forget asking a good friend how her birth was after she had her daughter naturally. She let out a big sigh and said something like, "Well, it was hard. And it hurt." And I was thinking...what? Hard and painful? Not beautiful, magical, empowering....?

I do believe in the fear-tension-pain theory, but I think it's darn near impossible to entirely reverse the fear that's been indoctrinated us - and even if we aren't scared of birth itself, the sheer enormity of the sensations and the inevitable loss of control are frightening! I don't think I was scared of the birth itself, per se, but relinquishing control was both difficult and terrifying. It's hard to welcome that.

I thought I would just be able to relax and breathe and all would be well. WELL. Relaxing into a contraction, welcoming it - not easy. Relaxing during labor isn't like relaxing before sleep...it was something I had to will myself to do.

I had an article from my last midwives about "inviting the dragon to tea." It was a really helpful image to me during labor - it can't be scary when you're sitting down having tea with it!
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#77 of 297 Old 02-05-2015, 03:45 PM
 
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I have been to somewhere between 50-75 births and I have yet to see one that looked easy or pain free. That said, I have heard moms say there were lots of other sensations too, including ecstasy. One of my friends, who had a fairly smooth and relaxed birth (relatively speaking) did say that the key for her was to not let the fear enter her. But hey, easier said than done, right? Another friend I have is featured in the Orgasmic Birth movie, and has had all 5 of her kids unassisted. From what I can tell, part of the language thing (surge v. contraction, intense v. painful) is about reprogramming how we perceive the sensations of birth and opening the possibility of a multitude of ways of describing the feelings. That said, it does seem to be a set up for those (most) who don't feel ecstatic to feel like they did something wrong because they couldn't achieve birth the way it's "supposed" to be. What I know from what I have seen is that we can do it. However we do it doesn't matter. We set up the conditions for success (our care providers, partners, etc.) and just get through what unfolds, There is so much we have no control over, including what we get, and if we are really in it, how we respond to what we get is intuitive, not preplanned. No two births or bodies are the same, and there is no formula to get it "right"... it just is. I like what Pam England says, "labor is hard work, it hurts, and you can do it". As a first timer who has seen a lot, but experienced only the pain of severe cramps and miscarriage, I am going into this knowing that I really know nothing from the body perspective. It's the fools journey, and I am at the beginning, wearing a blindfold. Still, I am excited about the journey because I do see it as rite of passage.
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#78 of 297 Old 02-05-2015, 04:32 PM
 
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The only part of birth where I have experienced ecstasy is when the head just popped out, because then I know the labor and hard part of the pushing is over.

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#79 of 297 Old 02-05-2015, 08:34 PM
 
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I just got served an eviction notice! I have until Sunday to get out. DH forgot to pay the rent before he left and they jumped right on the opportunity to get us out of here. I HATE these a-holes. We always have problems with our apartment and our horrible neighbors and I know they hate me for constantly nagging them. So here we are. After being their tenants for two years, they're evicting us for one overdue payment. And they know I'm about to give birth!! I don't even know what the hell we're gonna do. This is my life right now.
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#80 of 297 Old 02-05-2015, 08:44 PM - Thread Starter
 
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Oh my God, Bren. Is it legal? Can they really just toss you out at a moment's notice?! Is there a tenants' rights organization, or some kind of legal aid, where you live that might be able to help? I know that the laws vary really widely, but it just seems preposterous that ONE late rent check would have you out in the cold in a matter of DAYS. Jeez, Sunday is not even ten days into the month!!

You're in Austin, yes? Can I help research some options for you, some folks to contact?



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#81 of 297 Old 02-05-2015, 08:58 PM
 
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@teethatsme My dad is an attorney and he told me it's more of a scare tactic, that they legally have to give us 30 days and basically they're just hoping we don't know that. As far as the one late payment, apparently that varies by lease. I haven't checked yet but I'm guessing there's some kind of "fine print" protecting their right to evict us without warning. But it's still such a freaking bummer that they're doing this to us right now. We can stay with family in the mean time but we have so much stuff that I have no clue what we're going to do with. This is so unfair
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#82 of 297 Old 02-05-2015, 09:04 PM
 
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February Chat (Feb DDC)

That's awful. I have no other words...

Sarah- sahm to a little boy and girl with a third blessing due in Feb.
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#83 of 297 Old 02-05-2015, 09:05 PM - Thread Starter
 
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Glad your dad can help you get through the ins and outs. Yes, now is definitely a great time to get super familiar with te particulars of your lease.

Regardless of what happens next, this sucks and I am really sorry that this unneeded stressor is in your life right now.



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She's here! Baby Yoshiko arrived on 2/7/15, and now we are a family of five.
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#84 of 297 Old 02-05-2015, 10:11 PM
 
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I kind of wanna cry (and I did quite a bit) but also laugh. I'm a little amused by how absolutely dramatic my life has been these past few months and I feel like you must all think I make this stuff up as I go along. It's that freaking crazy! In all honesty, yes it sucks, but I feel blessed to have my health, a loving partner, supportive family, and a beautiful baby on the way. You have to take the good with the bad and just move forward.

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#85 of 297 Old 02-06-2015, 04:30 AM
 
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On pain in labor and fear, I tend to think we should not expect to feel fearless. I like the message in BFW that really cuts to the chase: it hurts, it's hard work, it is loud and messy, and it is possible.

This was the first birth where I experienced labor land. Interestingly (for me anyway) I was mentally present enough to be thankful during the contractions because they meant I was one squeeze away from my baby. It didn't ease pain or fear but it did alter my perspective just enough.

Bren, I'm sorry about your landlord. Seriously handy to have an attorney dad! You've had so much stuff to deal with lately.

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#86 of 297 Old 02-06-2015, 05:44 AM
 
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Gosh Bren, I'm sorry to hear about that. I did know that you have at least 30 days, thanks to an episode of Judge Judy. How soon were you guys planning to move to Dallas? Since your husband already got the job, I mean.

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#87 of 297 Old 02-06-2015, 06:45 AM
 
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@bren94 , that is so lame! I am so sorry you are going through this. Was it a "notice to vacate"? If so, that's different than an eviction, but I am unsure what your eviction timeline is - it usually depends on how backed up the courts are. Most landlords don't want to go through that because typically there are costs associated with eviction. All that said, I live in MA, which is super tenant friendly. Texas being more conservative is a bit less lenient, but here is what I found at http://www.housing-rights.org/evictions.html (sorry, my social work hat got activated).



The Eviction Process A landlord may try to evict a tenant for many reasons. These reasons include if a tenant owes any rent, even as little as $1; if any unauthorized occupants or guests are living in the dwelling; or if there is any other substantial breach of the rental contract. However, a tenant always has the right to fight an eviction in court. An eviction for alleged breach of the lease is different from terminating a lease at the end of its term.
What Is the Eviction Process?
The eviction process is a formal procedure that will include going to the justice of the peace (JP) court or possibly to a higher court. Evictions can be complicated. To fully understand the eviction process, carefully read this entire brochure.
The landlord must first deliver a written Notice to Vacate to the tenant. If the tenant does not move out after the deadline in the notice, the landlord must file an eviction suit with the JP court. A constable will deliver an eviction citation to the tenant. The citation willset a hearing date. If the tenant loses the eviction, the tenant will have five days to appeal the decision or move out.
Notice to Vacate. This notice, also known as a demand for possession, must be in writing. The landlord has to give the tenant at least three days to vacate unless a written lease sets a different time period, such as 24 hours. The notice may state the date it is delivered, the reason for the eviction, and indicate the amount of rent owed, if applicable, but this is not required by Texas law. The notice must:
  1. State the number of days the tenant has to vacate; and
  2. Indicate the tenant’s “right to occupancy is being terminated.”
There are several ways to deliver this notice. However, it is best to have proof that the tenant received the notice. The notice may be delivered:
  1. To the tenant or any person over 16 years of age residing at the unit;
  2. By certified, registered, or regular mail;
  3. By attaching it to the inside of the front entrance door; or
  4. By attaching it to the outside of the front door but only if:
    • There is no mailbox; and
    • The landlord cannot enter the unit because a dangerous animal, keyless deadbolt, or an alarm system prevents the landlord from entering.
NOTE: Normally, a notice to vacate must be unequivocal and must demand only that the tenant move. However, Texas law allows a landlord to give a notice to vacate which states the tenant should pay rent or move if the landlord first gives a written notice or reminder to pay the rent.
Eviction Citation. The tenant does not have to move out of the unit by the date indicated on the Notice to Vacate. If the tenant decides to stay in the unit, the landlord can file an eviction suit at the local JP court. The landlord cannot remove the tenant or the tenant’s property without a court order, except in the case of abandonment or when exercising a landlord’s lien. After the landlord files the eviction suit, the court clerk will send the eviction citation to the constable’s office for service to the tenant. The constable will attempt to hand-deliver the citation to the tenant at the tenant’s home. After two unsuccessful attempts, the constable may slip the citation under the front door or attach it to the front doors and mail a copy by first class mail.
The first page of the citation from the JP court must include the following notice in bold print and in English and Spanish:
Suit to Evict
This suit to evict involves immediate deadlines. Call the State Bar of Texas toll-free at 1-877-9TEXBAR if you need help locating an attorney. If you cannot afford to hire an attorney, you may be eligible for free or low-cost legal assistance.

If the eviction is for nonpayment of rent, the landlord is not obligated to accept delinquent rent. The tenant should attempt to pay the money due. If the landlord accepts it, the tenant should get a written receipt and try to get the landlord to sign an agreement to drop the eviction. The tenant should assume the landlord is going to continue with the eviction until the court says the case has been dropped.
The eviction procedure for public housing or subsidized housing tenants is different. If you are in that situation, consult with an attorney from Texas RioGrande Legal Aid (374-2700) or a counselor from the Austin Tenants’ Council.
The Tenant’s Answer. In Travis County, the justices of the peace set a trial date in the eviction citation. If the tenant prefers a jury trial, then the tenant will have to pay a jury fee within five days. The procedure and time period may be different in other counties, so read the citation carefully and follow the instructions!
Occasionally, a landlord will file a six-day immediate possession bond with the eviction suit. When a landlord files a six-day immediate possession bond, the tenant is served an eviction citation that clearly states that the landlord has filed the immediate possession bond and it gives the tenant six days in which to respond and set up a hearing. If the tenant fails to demand a trial within six days, the landlord can obtain a Writ of Possession immediately after the sixth day passes. If the tenant demands a trial by the sixth day, a hearing date will be set and the eviction will proceed the same as a standard eviction. If the tenant loses at the hearing, the tenant will still have five days after the hearing date to either move out or set up an appeal.
In Travis County, the tenant may simply appear for the trial. No written answer is required in justice court.
Failure to appear at trial allows the landlord to get a default judgment against the tenant. If the court awards the landlord a default judgment, the court must notify the tenant by sending a written notice within 48 hours after the entry of the judgment.
Going to Court. The landlord and the tenant should appear before the justice of the peace on the trial date and be prepared to present their case. The judge will make a decision based on the facts presented during the eviction hearing. The final decision is called a judgment. If the judgment is in favor of the landlord, the tenant will have five days to move out or appeal the decision. If the judgment is in favor of the tenant, the landlord also has five days to appeal.
Filing an Appeal. The tenant may dispute the judge’s decision by filing an appeal. The tenant will either have to pay an appeal bond or file a Pauper’s Affidavit if the tenant does not have the money or property to pay an appeal bond.
When a tenant appeals by filing a pauper's affidavit and the eviction is for nonpayment of rent, the tenant can stay in possession of the rental unit during the appeal by paying one month’s rent into the justice court’s registry. This needs to be done within five days of filing the affidavit. The tenant will also have to make future rental payments into the county court registry within five days of the date due under the lease.
If the eviction is for some reason other than nonpayment of rent, the tenant should continue to pay the rent to the landlord or the landlord can file a new eviction for nonpayment. As long as the rent is paid, the tenant can stay in possession of the rental unit during the appeal.
In addition, if the tenant did not file a written answer with the justice court, the tenant must file a written answer with the county court within eight days after the court papers are filed in the county court or the landlord may win by default.
Also, the tenant must pay a county court filing fee within 20 days after receiving notice of the fee or file an affidavit of inability to pay the filing fee, unless the tenant filed a pauper's affidavit in justice court. If the tenant fails to do so, the appeal will be dismissed and the landlord can get a Writ of Possession removing the tenant from the property.
This brochure does not give all information about appeals because they can be complicated; it is advisable to consult an attorney.
Appointment of Counsel. A tenant who successfully files a pauper’s affidavit in the appeal of an eviction may request in writing that the county court or county court at law appoint a pro bono attorney to represent the tenant during the appeal.
Writ of Possession. If the tenant does not move out or appeal, the landlord must request that the judge issue a Writ of Possession, which is a court order directing the constable or sheriff to place the landlord in possession of the rental unit. This means the tenant, all occupants, and personal items will be removed by the landlord under the supervision of the constable or sheriff. Before removing all people and belongings, the officer executing the writ must give the tenant 24 hours to move from the time the officer posts a written warning notice on the front door. This notice must be on a paper that is no smaller than 8½" x 11". It must inform the tenant that a writ has been issued and state the date and time the writ will be executed.
What Else Can a Landlord Do?
If a tenant is behind on rent, a landlord may be able to temporarily lock that tenant out, but must give the tenant a key upon request, or remove some of the tenant’s belongings in a lien.
Lockout. A landlord may change the lock on a tenant’s door when the rent is delinquent, but only if:
  1. The landlord’s right to change the locks because of a tenant’s failure to timely pay the rent is written in the lease; and
  2. The landlord has given the tenant advance written warning that the locks will be changed. The warning must give three days’ notice if it is hand-delivered or posted and five days’ notice if mailed.
The notice must state the earliest date that the landlord proposes to changes the locks; the amount of rent the tenant must pay to prevent the changing of the locks; the location of where the tenant may discuss or pay the delinquent rent; and in underlined or bold print, the tenant’s right to receive a new key, at any hour, regardless of whether the tenant pays the delinquent rent.
The landlord is required by law to give the tenant a new key, and the tenant can continue living in the unit. The tenant does not have to pay the rent to get a key. The intended purpose of this law is to allow for a meeting between the landlord and the tenant. A lockout is not an eviction. For more information, see ATC’s brochure, Lockout.
Landlord’s Lien. A landlord’s lien is a state law that allows a landlord to remove a tenant’s property from the rental unit to secure payment of delinquent rent. There must be a statement in a written lease, either underlined or in bold print, that allows the landlord the right to enter a rental unit and remove the tenant’s personal property.
The rent must be delinquent in whole or in part for a landlord to seize any items. The law only allows a landlord to take certain non-exempt items such as televisions, VCRs, stereos, or computers. There are many items a landlord cannot take. Furthermore, the landlord must exercise a lien peacefully, so if a tenant refuses to allow a landlord entry or to remove the items, the landlord cannot exercise the lien. When the lien is exercised, the landlord must leave a notice of entry along with a written inventory of the items removed. The landlord must promptly return the items as soon as all fees and rent are paid. The landlord can charge money for packing, removing, or storing the items but only if authorized in a written lease. For more information, see ATC’s brochure, Landlord’s Lien. The one circumstance where a landlord can remove all of a tenant’s belongings without going to court first is when the tenant has abandoned the unit.
Abandonment
Many leases define the word “abandonment.” The lease will describe the circumstances in which the landlord can declare the rental unit abandoned and enter the unit and remove everything. A landlord who declares abandonment when there is no clear definition in the lease may be considered to have illegally evicted a tenant.
What Is an Illegal Eviction?
An illegal eviction occurs when a landlord illegally denies a tenant access to the rental unit or a tenant’s property is removed without a court order and the removal:
  1. Is not the result of abandonment and/or
  2. Is not the exercise of a landlord’s lien.
The landlord is prohibited from removing a door, window, or any mechanism connected to a door or window; or from removing furniture, fixtures, or appliances furnished by the landlord from premises leased to a tenant unless the landlord removes the item for a bona fide repair or replacement. If any of these items are removed and not promptly returned, this could be considered a constructive eviction and the landlord could be liable under the Removal of Property and Exclusion of Residential Tenant law.
If a landlord violates this law, the tenant can recover possession of the premises or terminate the lease. In addition, the tenant may sue the landlord for a civil penalty of one month’s rent, $1,000, actual damages, court costs, and reasonable attorney’s fees, minus any rent or other amounts the tenant owes the landlord.
The information in this brochure is a summary of the subject and other pertinent matters. It should not be considered conclusive or a substitute for legal advice. Unique facts can render broad statements inapplicable. Anyone needing legal assistance should contact an attorney.

Austin Tenants’ Council • 1640-B East 2nd Street • Austin, TX 78702 • 512.474.7006


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#88 of 297 Old 02-06-2015, 10:03 AM
 
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Woah! Thanks for all of that information. It was a notice to vacate, I read the paragraph about that but how exactly is it different from an eviction notice?
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#89 of 297 Old 02-06-2015, 10:04 AM
 
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@forestlover75 Woah! Thanks for all of that information. It was a notice to vacate, I read the paragraph about that but how exactly is it different from an eviction notice?


Sorry this posted twice again. I don't know how to delete the double post on my phone.

Last edited by bren94; 02-06-2015 at 10:05 AM.
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#90 of 297 Old 02-06-2015, 10:27 AM
 
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The way I'm reading it is that the notice of eviction is written out by the landlord and should include a timeline for when he/she wants you out. You have the right to ignore this, and the landlord cannot forcefully evict you (at the end of 1-3 days or whatever the notice is written for). Then they must go to the courts and formally evict you, in which case you still have a month or so to leave, depending upon how tied up the courts are.

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