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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33702
Experience:  Attorney for over 15 years, landlord 26 years
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My landlord had me served with eviction notice on June 8th.

Customer Question

My landlord had me served with eviction notice on June 8th. I was out of town. He came by as agreed
And took our boat for collateral and agreed to get payment for June this Friday. I gave him the title to the boat for collateral but he was suppose to come back and get the title to the trailer and motor along with a computer to hold us through till I could get it together. I was served with an eviction by the constable. My husband was diagnosed with lung cancer in January and we are trying to stay above water. Our daughter and 3 young boys live with us. We have rented from him for 4 years and never have been late.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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In a situation like this, if you have made arrangements with the landlord to enter into a subsequent contract for him to hold the boat and other collateral to ensure the payment of the rent this Friday, then that would be legally binding and the eviction action is improper.
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If you appear in court with proof of the agreement regarding the rent, the judge should throw out the case as it is not "ripe" for adjudication. If you didn't pay the rent this Friday as agreed, then he could file a formal eviction action, but not before that.
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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...
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thanks
Barrister
Customer: replied 1 year ago.
It was not in writing. He was suppose to return with the new lease and the agreement of collateral.
Customer: replied 1 year ago.
It was verbal. He still doesn't have the motor or trailer title. Do I have the right to go and get those?
Expert:  barristerinky replied 1 year ago.
It doesn't matter because oral contracts are entirely legally binding as long as there is an offer (i.e. boat + as collateral for the extension to pay rent), an acceptance (i.e. Ok, I agree to hold items in return for extension) and performance by at least one party (i.e. he took boat and title).
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So if you have any evidence of the transaction, such as texts, emails or voice mails, they can be used in the case. Otherwise, your verbal testimony as to the contract can be used as well as the fact that the landlord is in possession of your boat and any other items.
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thanks
Barrister
Expert:  barristerinky replied 1 year ago.
And yes, if you still have the title for those items, you can legally reclaim them.
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thanks
Barrister
Customer: replied 1 year ago.
What about proof of termites and mold. I don't want anything but to be able to keep a roof over my husband and grandbabies heads until he is able to go back to work. Which will be mid July. We have done so much to this home and he has done nothin he has promised
Expert:  barristerinky replied 1 year ago.
That wouldn't be legally relevant at this point if you are in breach of the contract for paying the rent and had never notified the landlord you were withholding rent.
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It might be different if you had notified him of the problems and specifically stated that you were withholding rent until repairs were made by following any process prescribed by statute for rent withholding. But the court wouldn't allow you to use that as a defense for not paying the rent if you haven't taken the proper steps under your state's laws to use that potential defense.
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But the oral contract that you have with the landlord regarding the extension of time to pay rent is all you need to defeat any eviction action as he has filed it in bad faith if he did so after you reached that agreement.
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thanks
Barrister
Customer: replied 1 year ago.
We have full intention on paying it Friday. So do I pay the normal rent or the new price of $900? We are on month to month our lease was up 3/23/12 but he has never given us a new lease. He said he wanted us to stay and agreed to reduce the rent until my husband went back to work.
Customer: replied 1 year ago.
There again it was verbal
Expert:  barristerinky replied 1 year ago.
You would have to pay whatever the amount was that you agreed to when you put up the boat as collateral. That would be an entirely new contract between you and landlord for the extension of time to pay the rent.
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thanks
Barrister
Customer: replied 1 year ago.
Thank you
Expert:  barristerinky replied 1 year ago.
You are very welcome. Glad to help any time..
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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.
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thanks much.
Barrister

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