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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 40669
Experience:  30 years in civil, probate, real estate, elder law
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I have just been served a "Notice to Quit," within 30 days

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I have just been served a "Notice to Quit," within 30 days when the issue has been the landlords failure to perform promised and necessary maintenance. He is also demanding attorney's fees. He sent me a signed lease in which i crossed out objectionable T&C's, I signed it and returned it. He never deems to answer my requests for action e.g., seasonal insect infestation (black ants) and black mold growth in storage areas. Has violated several verbal promises. So, can I counter-file in court. What are my alternatives. Yes. I do plan to move out before next winter (lack of ice/snow treatment has led to several slip and falls). I am also disabled and a vet.

Bill
Submitted: 8 years ago.
Category: Legal
Expert:  Ray replied 8 years ago.
Thanks for your question. He would then have to file an eviction suit here in this matter. You can answer the eviction and then counter here with your defenses here. The court may deny the eviction and you may remain. Also this might allow for some kind of resolution to allow you to stay here for a preiod.

You can file is small claims here for damages from the landlord and you can do this pro se. This would be heard here and you may get a judgment for damages from the landlord here.

You can get fill in the blank forms from your local small claims here and this is another way to resolve your losses in the matter. I wish you the best and sympathy for all of this with the landlord.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are advised to speak with legal counsel for accurate information.







Customer: replied 8 years ago.
Thank you for your quick reply. How much time do I have. What if he attempts to lock me out after the 30 day period? Since he initiated the action without so much as attempting to settle the situation (an ambusher) or negotiate, how can i be liable for his attorney's fees.
Expert:  Ray replied 8 years ago.
He has to evict you here with a hearing after notice. He cannot just lock you out. You can and should write the lawyer here and offer to resolve the matter if possible under fair terms. It makes you seem reasonable here and may help you in eviction.

 

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are advised to speak with legal counsel for accurate information.


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