Hello there. My name is XXXXX XXXXX I'm glad to answer your question. In which state did this occur?
Thank you. How long ago did you receive the eviction letter?
Who gave notice that you were being evicted? Was it the sheriff's department?
Have you seen a copy of the court's order from hearing that you didn't attend?
What were the court's findings?
What were the court's findings?
Hi, my name is XXXXX XXXXX I will be glad to assist you,
I am sorry to hear of your unfortunate situation and the trouble you are having with the property management company.
You could file a lawsuit against the property management company, claiming that they misled you because of the Agreement they offered you on July 17 when you made your payment for June rent and also claim that they acted in bad faith when they were negotiating with you. You could claim that you suffered damages because you acted in reliance on the Agreement they entered into with you and that they acted in bad faith during that time because they did not adhere to the terms of the Agreement they made with you. But, I have an ethical obligation to give you correct Answers without misleading you. Winning such a lawsuit will be difficult for the reasons I discuss below.
I believe that I can explain what happened when they took you to Court. When a tenant does not pay rent when due, the landlord, property manager, or any other agent of the owner can file eviction proceedings and a claim for the unpaid rent. They do not have to do this for every month that a tenant does not pay rent because the law does not require a landlord or property manager to go to Court for each month that a tenant does not pay rent. Eviction proceedings only have to be requested once from the Court
If you did not call and notify the Court that you were unable to attend the hearing on July 12 because of your job responsibilities, the property management company obtained a default judgment against you and the Court granted the relief they requested which was payment of past due rent and the right to evict you. So, when you paid June rent on July 17, the default judgment and the right to evict you had already been given to the property manager.
What you should have done at that time was to go to Court and file a "Motion to Vacate Default Judgment and Request for Rehearing" which would have removed the default judgment they obtained against you and would also have removed their right to evict you. The Court would have given you a new hearing date at which time you would have shown the Judge the Agreement that the property manager made with you regarding accepting your June rent on July 17. However, because this was not done, the default judgment and their right to evict you remained on the Court's record and this resulted in your eviction.
I realize that this Answer is not totally what you wanted to hear, but I have an ethical obligation to you to give only correct Answers, so that you know what your rights are and what, if any steps you can take to protect those rights. Therefore, I am respectfully XXXXX XXXXX you not hold the law applicable to your situation against me because when rating me, you are rating the service I have given you and not whether you like or agree with the law applicable to your situation,
Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,
If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,
Thank you for allowing me the opportunity to assist you,
You are very welcome. I wish I could have helped you more. I hope you are never faced with this type of problem again, but in the future, if you have any questions, please feel free to ask for me by typing my name at the beginning of your question, like this,
"For Andrea ........... "
And I will be sure to get your question,
Thank you again for allowing me to help you with your question,
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