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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 23823
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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My daughter went to court on 8/29/13 for non-payment of rent

Resolved Question:

My daughter went to court on 8/29/13 for non-payment of rent and was given 10 days to pay 2 months rent. She calculated the 10th day to be approximately Sept. 8th 2013. She paid the court ordered amount on Sept. 4th 2013 in person to the apartment manager. She received an application and order of eviction today Sept. 14, 2013 date stamped Sept. 11, 2013 stating she has paid "0" rent. Is this legal
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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No, this is not legal at all. Apparently the landlord or his manager is either confused or outright lied to the court to get the eviction order issued. I truly hope daughter has a receipt for the rent payment or check stub or something in writing to prove that she has paid the rent within the required timeframe.
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Assuming she does, then she would need to go down to the court and show proof of payment with the date on it to the court clerk so they can cancel the order of eviction as being issued in error.
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Thanks
Barrister
Customer: replied 1 year ago.

The 2 months rent paid was caught up and covered July and August 1013. Her Sept. 2013 rent would not have technically late until after Sept. 5th. When my daughter paid the lump sum she owed, she told management she would pay Sept. 2013 rent before the end of this month. She is disable and getting SSI. Can they kick her out for being late for Sept. 2013 rent this month and there's no understandable indication anywhere on the form telling her when she must be out?


 

Expert:  Barrister replied 1 year ago.
If they didn't include the Sept rent in their claim against her when they tried to get the original eviction order, then they couldn't retroactively add it in now. So if they wanted to evict for late Sept rent, they would have to start over with a new eviciton action based on the Sept rent.
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So they can't evict her under the old order that was based on July and Aug rent because she is now late on Sept rent.
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.
Thanks
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 23823
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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