Ask a Landlord-Tenant Question, Get an Answer ASAP!
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.
If you aren't in default, what grounds is the landlady using to pursue a formal eviction? failure to pay rent?
Has she given you a 3 day notice to pay or vacate?
When she asked you to vacate and you agreed, did you tell her right then that you needed to use the deposit for last month's rent? And if so, did she agree or refuse to allow it?
And are you saying that the first court date for the eviction is June 23?
Ok, thank you for that information... If you didn't deposit the rent into the court registry prior to the court date or by the date set in the notice, then you will have a default judgment entered against you since the landlord didn't agree to allow you to use the deposit as your final rent.
The judge may refer the case to mediation first before hearing it and you may be able to reach an agreement there to vacate at the end of the month so as to avoid a hearing.
However, if it goes to a hearing, even after the judgment is entered against you, you will still have some time before the landlord could evict. At the hearing, you can ask the judge to give you til the end of the month to move out before the landlord can get a writ. Since that is only a week or so, there is a good chance the judge would agree.
If he doesn't, then you can still file an appeal and a motion to stay execution of the writ of possession. Once notice of the writ is served by the sheriff, a tenant has only 24 hours to prepare to leave the premises, so you should get a motion filed ASAP and call it an emergency motion.