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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33708
Experience:  Attorney for over 15 years, landlord 26 years
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Eviction we went to mediation unsuccessful in august. I have

Customer Question

Eviction we went to mediation unsuccessful in august. I have already paid months rent in the court paid til august. Rent is in question since they amended prospectus and utility water is separate there is a 3000 charge for one month. No court date has been set as yet and now plaintiffs lawyercput a motion in to evict for not paying the outstanding rent. Water bill that is outstanding however is called rent in his motion he refers to all that has been done ..no mention of mediation which was to be heard by judge. Please advise no represented by legal counsel.
Submitted: 1 month ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 month ago.

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.

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You are going to have to vigorously defend against this motion by pointing out that the water bill is completely a separate charge than the rent. Rent is for the use of the property. The water bill is obviously a utility that is used while a tenant is in legal possession of the property.

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There should be a "motion hour" where the clerks will notice you and the other side that this motion will be heard. You would then need to appear and object to the motion and point out the crystal clear fact that utilities are not rent..

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Unless the lease states that the "rent" consists of the amount to be in possession of the property plus any utility charges, which would result in a fluctuating rent each month, then I don't see the attorney being able to make this as a convincing argument to a judge.

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If the judge didn't order that the water bill be paid as a condition of any continuance, then that isn't an obligation at this time that has to be complied with..

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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

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