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Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 27692
Experience:  Attorney
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Rented an apartment and signed lease from September 2015 to

Customer Question

Rented an apartment and signed lease from September 2015 to June 2015; paid 1st month, last month and deposit. There was a verbal agreement to move in on August 15th and to pay the half month rent. However, when we moved in the apartment was in deplorable condtion with no refrigerator, shower was not working, bathroom tub was not draianing and the apartment had gas smell and it took more than a week to repair the gas smell. Anyway, in this confusion we failed to pay the half month rentl; they did not ask and did not remind us. Now they have sent an eviction noticem=, but we are ready to pay the rent in spite of apartment was not in moveable condition untill the end of August;
Can the landlord force an eviction without giving aa oppertunity to pay the half month rent?
Thanks
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

They're required to send a notice to pay or quit before they can go to court and file a lawsuit. An eviction notice is usually a notice to pay or leave within a stated time frame, which satisfies the legal requirements. As long as you pay the half month's rent they're asking for, they cannot actually evict you.

If they went ahead and filed in court, then you could move to dismiss due to the failure to post a notice first, but you could also just pay and ask the judge to dismiss the case because you no longer owe the money. When a case is filed in court, you get a Summon and Complaint, with a case number ***** it, and it's hand-delivered by someone other than the landlord.

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