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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87079
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My husband had some financial problems, i lost my job and his

Customer Question

My husband had some financial problems, i lost my job and his hours were cut which caused us to fall behind in our rent. We were served with courr papers, we went the landlord didnt. The casr was dismissed. We were behind april & may at the time . We paid april, and applied for assistance. So we were waiting to get the money for may and june. We r month to month and the place we applied for help needed a lease from the landlord, he denied it even though he would get all the money. I had suggested we add money each month to the rent he declined but wants us to give him a date that we are leaving. We have been here since 1999 with 4 different landlords and nvr had a problem. By the eay i have a job now and my husbands hours increased. What are our rights? Thank u vera
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation.

What are our rights?

This is a very open-ended question. I can talk hours about this in general, but is there anything in specific that you wish to know here, such as:

1) Whether or not he can attempt to evict you again?
2) Can you stop him?
3) If he tries, how long do you have?
4) Something else?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
I have nvr been in this situation and not sure what ti o. Do i send him the rent? How much time are we allowed?
Expert:  Ely replied 1 year ago.
Thank you for your clarification, Vera.

Understand that once you fall behind on rent, then the landlord can attempt to evict you even if you have the rent later on. This is what has happened here. The landlord does not have to agree to take the money later on.

In this case, someone in your situation may wish to have the landlord to take as much rent as possible up front. If you can send him everything that is owed, that would be helpful. Once the landlord takes the rent (if he does, and likely, he would), and you are caught up, then the landlord essentially waives his right to evict if he has accepted the late rent.

To ensure that the landlord does not take the rent and claim that he has never received it, it is a good idea to send it (1) via certified letter, and (2) via check, so there is proof that he received it, and cashed it.

If he for some reason declines the money and attempts to evict again, then the eviction itself may be heard 1-3 weeks away. If the eviction is granted, you may appeal, which may buy you a few more weeks, even if the eviction is upheld. Even if it is, the landlord cannot simply lock you out and must ask the authorities to ask you to leave, which buys you a few more weeks until they do. In essence, this may be stretched over a month to several months, if you wish it to.

Finally, if finances are an issue, and you seek counsel, I can recommend three resources. First, here is a list of all pro bono work in the state...

http://www.abanet.org/legalservices/probono/directory/new-jersey.html

…and another list:

http://www.lawhelp.org

Finally, you may call your local law school and see if they have a legal clinic place available. The legal clinic is a free service the school(s) provide to the community. While they are often overbooked, they have openings sometimes. Here is the list law schools in your state:

http://www.hg.org/law-schools-new-jersey.asp

I hope this helps and clarifies. Best of luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.
Thank u! So it would be our best interest to pay, but this would be considered mays rent, and i would send him june and julu asap. But he wanted the date today in which we r leaving, i dont want to leave! Lol....what should i do
Expert:  Ely replied 1 year ago.
V,

Thank u!

You are very welcome.

So it would be our best interest to pay, but this would be considered mays rent, and i would send him june and julu asap. But he wanted the date today in which we r leaving, i dont want to leave! Lol....what should i do

It would be whatever rent you owe starting from the beginning. So if you owe back for May, it would be considered for May. So you have to pay whatever you already owe plus whatever you would be normally paying though this date.

If he wanted the date of when you are leaving, perhaps seeing the money given to him may change his mind - likely will. All he likely cares about is the botXXXXX XXXXXne.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87079
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 11 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Are we responsible for a late fee. I was told no BC he didn't show ti court so we just would owe the back rent of may send June no late fee. Thank u

Expert:  Ely replied 1 year ago.
V,

Not unless your lease contract states there is one. If so, then yes. If not, then not late fee may be requested by him.

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