After paying up back rent my friend still received an eviction notice,what are his rights?
Saturday, July 18th, 2009 at
1:28 am
A friend of mine received an eviction notice for unpaid rent. The notice stated that things could be resolved if he paid the back rent, the current months rent, and all attorney’s fees. My friend paid this to the sum total of $1900.00 (the back rent he owed was only $625). Two days later he received a notice from the landlord that he still had to vacate the unit. Does my friend have any rights in this matter?
Real Estate Professionals
Related articles:
- How long does a NYC landlord have to ask for back rent before eviction? I have a friend of mine going through an dilly of a perdicament. She has been living in a rent stabilized unit for 10 years on the Upper West...
- Tenants are wanting to leave with a 1 week notice and have rent due back to them. Are we required to issue it? They are month to month renters. They are constantly late and we issued a 60 day notice to be out by June 1st. They told us today they want...
- What county court or agency (NC) do I contact to file garnishment proceedings for back rent that is owed? I am new to being a landlord and find myself having to terminate a lease due to non-payment. I need to know what process I should follow in NC...
- Is it legal for an apartment complex to do extensive repairs while you occupy it? I rent an apartment in Arizona and received notice from the management company that they will be entering the apartment for about 48 to 72 hours to make some...
- What are my rights as a Texas renter if Apartment manager fails to make repairs? Me and my wife just got married and are now living in an apartment where the apartment manager hires people with criminal records to do repairs. He wants us...
Tagged with: Attorney Fees • Current • Eviction Notice
Filed under: flat rent back
Does he have a lease? In any event he is probably screwed
He was tricked, apparently.
Did your friend get a receipt? That can make all the difference when going to court over an eviction. One thing to note is that most landlords have a single lawyer do 100s of evictions so their documentation usually is not very good.
Some aspects vary state to state, you need to check the landlord/tenant code for your state.
Generally the landlord needs to give notice that he’s going to evict. If it’s for lack of payment, he can do so after 5 days of non-payment, for other infractions, it’s a longer delay. It sounds like he is violating the terms as I know them.
That depends, on whether he was telling you the whole truth, or not. He may have caused a lot of damage to the apartment, or broke one of the other rules in the lease. It’s hard to say … unless one has all the facts. I’m pretty sure the landlord wouldn’t evict him, without just reason.
He can still be evicted ….
The smart thing to have done was to get the landlord to file a dismisal with prejudice of the eviction notice, after negotiating the settlement
In general, if a landlord accepts your money after filing for eviction based upon non-payment, they lose the right to proceed with the eviction.
FYI, attorney fees for a simple notice are nowhere near the amount your friend paid.