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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35359
Experience:  16 years real estate, Realtor. Landlord 26 years
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The landlord for 22 years has always come to the rental to

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The landlord for 22 years has always come to the rental to pick up the monthly payment. We have a month to month lease. In June she indicated that she willing be selling the house. She provided us with notice to allow people to view home. She said the sale was not done. We made an offer to buy the house. She said she would consider and get back to us. In July she did not come to pick up payment and gave excuses about her grandchild. She has never given us her address or PO Box. Now August comes she now has not picked up the checks. She has a new set of excuses and says she is still considering our offer. Last week we received a 3 day notice to evicted due to non -payment of rent. We have tried to contact her, her attorney and none of them will call back or negotiate where the back payments can be delivered. She set us up for eviction. What can we do at this late hour to let the court know about her activities.

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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Do you still have the checks made out and dated for the appropriate times when the rent is due?

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Do you have evidence of the communications with her? texts, emails, recordings, etc.
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Thanks
Barrister

Customer: replied 3 years ago.

Yes still have checks and my husband has text correspondence.

Ok, good. Then you have rock solid evidence that you have attempted in good faith to tender the rent to the landlord and that you are not in breach of contract for non-payment. If the landlord is acting in bad faith by not providing you with an address to send payment, then you can't be held liable for that. As long as you have the checks in hand and the money is in the account, then no judge is going to find you guilty of non-payment.
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So if you have communicated to the landlrod that the money is there and waiting on her, she has no case. She is trying to be deceptive and sneaky and get around going through a formal 60 day termination of your lease likely due to the new buyer telling them that they want you out for the deal to go through.
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The judge will see right through this and should dismiss the action and just order that you hand the rent checks over to the landlord. The judge might even chew the landlord out for attempting to abuse the legal process this way since this is clearly a bad faith attempt to circumvent the normal process for terminating a tenancy.
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Thanks
Barrister
Barrister and 5 other Real Estate Law Specialists are ready to help you
Customer: replied 3 years ago.

How do we get in to see a judge! Where do we go? To the courthouse where the 3 day notice was filed.

Well, you have to actually wait for the landlord to file a formal unlawful detainer action against you. Right now there is not really anything to do. You just have a bogus 3 day notice that has been delivered. If the landlord is just trying to bluff you into moving, then she won't do anything further.
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If she is going to try to claim you didn't pay, then she will have to file a formal eviction action in court and then have you served with the eviction notice. It will have a date on it for you to appear in court and tell your side.
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But if she is being honest with her attorney, I can't imagine the attorney not telling her that she doesn't have a chance of evicting you since you have proof that you tried to pay the rent and the landlord essentially refused it by not coming to pick it up and refusing to provide an address for you to mail it...
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Thanks
Barrister
Barrister and 5 other Real Estate Law Specialists are ready to help you

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