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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11576
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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Hello, I would like to know if I have a case. I recently was

Customer Question

Hello, I would like to know if I have a case. I recently was evicted from my apartment I was renting for nonpayment for the month I was in the apartment without getting summoned for that month. I was late the month of June and was summoned for that month to appear in court but couldn't make it on that date because of my job. I paid that rent for June in July on the 17th when the court date was the 12th. I then went to the rental office and arranged payment for my July rent because of my financial situation with the assistant property manager and she agreed with the arrangement and told me that everything was fine. Couple of days letter I get a letter saying I was getting evicted the next day and had no time to move my things out. Can you please tell me if I have a case. Thanks
Submitted: 9 months ago.
Category: Legal
Expert:  Brandon M. replied 9 months ago.

Brandon M. :

Hello there. My name is XXXXX XXXXX I'm glad to answer your question. In which state did this occur?

Customer : Maryland
Brandon M. :

Thank you. How long ago did you receive the eviction letter?

Customer : I got the notice from the rental office the day before I got evicted without time to move. I've paid the rent for which I was summoned for June and got evicted July 31st after making arrangements with the assistant property manager. I never end got summoned to appear to court for July
Brandon M. :

Who gave notice that you were being evicted? Was it the sheriff's department?

Customer : It was the rental office. I got a notice from court for restitution after I paid the rent. The landlord didn't process my rent until August 12th, and I gave them the rent for June July 17th. The check was posted August 12 thirteen days after my eviction.
Brandon M. :

Have you seen a copy of the court's order from hearing that you didn't attend?

Customer : Yes, I did but I couldn't make the hearing on the 12th of July. That's I went to pay it on the 17th of July. Then made arrangement with the property manager about paying July rent and she agreed. Few days later I was getting evicted while out of town taking my son to his orientation for school. The property manager and I made arrangement to pay July and August rent.
Customer : The hearing was for June rent not July.
Brandon M. :

What were the court's findings?

Customer : Never got summoned for Jul
Brandon M. :

What were the court's findings?

Customer : Im sorry didn't mean to send that.
Customer : They filed a restitution and for me to get evicted for nonpayment but I paid it. They filed that day of court date when I didn't appear but I paid it on the 17th. I'm thinking the landlord never informed the courts I paid the June rent
Customer : Hello
Customer : Mr Brandon are you still there
Expert:  Andrea, Esq. replied 9 months ago.

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,

 


ANDREA

 

 

 

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11576
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 12 other Legal Specialists are ready to help you
Customer: replied 9 months ago.
Hello Ms. Andrea, thank you for your answer. You explain what I could done without knowledge of my rights. You help me a lot and I greatly appreciate your answer. Thanks
Expert:  Andrea, Esq. replied 9 months ago.

Dear customer,

 

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,

 

 

ANDREA

 

 

 

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