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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21474
Experience:  Handle criminal matters in both state and federal courts.
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I HAVE ANOTHER QUESTION RE MY UNLAWFUL DETAINER. THE REASON

Resolved Question:

I HAVE ANOTHER QUESTION RE MY UNLAWFUL DETAINER. THE REASON WE COULD NOT PAY THE RENT DURING THE 3 DAY NOTICE TO QUIT IS BECAUSE WHEN WE CALLED THE LANDLORD ON THE 3RD DAY REGARDING PAYING HER, SHE TOLD US THAT THE AMOUNT WE WOULD HAVE TO PAY WAS NO LONGER THE AMOUNT ON HER NOTICE SHE POSTED BUT IN FACT AN ADDITIONAL AMOUNT WHICH WAS NOT INCLUDED ON THE NOTICE SHE SERVED US WITH WHICH WAS AN ADDITIONAL $530 BECAUSE SHE SAID SHE HAD ALREADY HIRED AN ATTORNEY TO EVICT US AND HAD ALREADY PAID THIS SAID $530 SO TO STOP THIS EVICTION WE HAD TO PAY THE POSTED ON OUR DOOR NOTICE TO QUIT THE PAST DUE RENT, A LATE CHARGE OF $126 AS WELL AS THESE ATTORNEYS FEES. THE UNLAWFUL DETAINER ANSWER FORMS I AM FILLING OUT ASKS IF THIS WAS A REASON WE DID NOT PAY OUR RENT, SO DOESN'T THAT MEAN IT IS A DEFENSE? WHICH IN FACT IS TRUE AS TO WHY WE COULD NOT/ DID NOT PAY.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Samuel II replied 3 years ago.

Hi

 

Well, just because she jumped the gun and hired an attorney, that does not give her a legal right to not accept the payment as on the Notice to Quit. So, yes. Your defense is she would not accept the payment. She legally needed to accept that payment and then if she had attorney fees associated with anything she could have sued you for those. Though she might not win because she had proceeded not in good faith that you would be able to pay within the alloted timeframe.

 

To answer your question, Yes. That is your defense.

 

If you have further questions, you can post them here and I will continue to assist. Otherwise, please remember to accept as that is how I get credit for my time and information in this matter. Thank you

 

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21474
Experience: Handle criminal matters in both state and federal courts.
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