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KimberlyLaw
KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
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Experience:  13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
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I am in court about to face the judge concerning rent arrearage.

Resolved Question:

I am in court about to face the judge concerning rent arrearage. The attorney asked that I signed a judgment saying I agree to an issuance of a warrant if the entire balance is not paid by end of Aug. I refused to sign it. I am dealing with a third party agent, catholic charities, which will only pay $7k once approved. Then I will have to seek help from another 3rd party for the remainder. I am being told that once I get an eviction notice I can bring that to catholic charities and they will handle court matters. The Atty said I can always come to court and request more time. My concern is that if I agree to the warrant that gives them the right to "padlock" my door because, as stated, the full balance was not paid by the due date. B

What are my rights, choices? What's going on here ???
Submitted: 12 months ago.
Category: Real Estate Law
Expert:  KimberlyLaw replied 12 months ago.
Hello, I am happy to assist you today.

You mentioned that you can bring the eviction notice to the charity and they can work with you. You actually already have one, because when the court proceeding started, that was your "eviction notice". Once the landlord gets the court order to evict you it is too late to negotiate and they will kick you out right away, so now is the time for that.

Definitely do not sign anything. Go before the judge. Tell him or her your situation. Explain the titming and money issues and that you do want to pay the rent but just don't have it. Ask for as much time as you need that is reasonable. Don't ask for 6 months but a couple months is reasonable. Always best to see the judge because he or she very well might give you more time here to work this out.

Let me know if you have any questions about my answer.
Kimberly
KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 3748
Experience: 13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
KimberlyLaw and 8 other Real Estate Law Specialists are ready to help you
Customer: replied 12 months ago.

So that issuance of warrant meant that once the 30th hit, they could put us out no matter what, correct?

Expert:  KimberlyLaw replied 12 months ago.
Yes, the warrant means it's all over, you can't negotiate anymore, and you are formally evicted, meaning kicked out, locks changed, your stuff on the curb outside if it is still there, and they would forceably remove you.

You definitely want to avoid that situation. The judge is usually understanding to a point about what is happening and should give you a bit more time to sort it out.

Kimberly

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