How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Irwin Law Your Own Question
Irwin Law
Irwin Law, Attorney
Category: Landlord-Tenant
Satisfied Customers: 7088
Experience:  Attorney 35 years extensive and active real estate practice; represents both landlords and tenants
18215332
Type Your Landlord-Tenant Question Here...
Irwin Law is online now
A new question is answered every 9 seconds

The Judge granted the landlord motion to strike my answer &

Customer Question

The Judge granted the landlord motion to strike my answer & now has given them a final Judgement & removal of tenant due to failure to accrued rent as alleged om Plaintiff complaint and the rent which accrues during the pendency of the proceedings. The
Plaintiff filed an amended compliant that I do not have a lease to stay on the property. I refuse to vacate, Landlord hire atty to prosecute action for possession, lease expire, holding over and in possession of property without approval. Bring action of possession
under 83.59. Then files a motion for default / judgment for removal of tenant then a stirke to my answer stating : I failed to move for determination of rent. In which I have stated in my response that I am disputing the amount rent stated that I owed. But
it seems that it has been over looked. Can I file a motion to set aside default/judgement for removal of tenant under my previous motion that I was questioning the amount owed ? My rent is $2,200 they were requesting to pay double
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Irwin Law replied 1 year ago.
Can I file a motion to set aside default/judgement for removal of tenant under my previous motion that I was questioning the amount owed ? You may file a motion to set aside a default judgment, but it will not be under your previous motion, which was denied when the court entered the judgment. You must show new evidence that was not available, and could not have been submitted to the judge before the ruling was entered. you must show that you have a good reason for not appearing in defending the case. If it wasn't default judgment, and you must also show that you have a good and meritorious defense to the action that was brought bby the landlord.