How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Barrister Your Own Question

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 23395
Experience:  14 years real estate, Realtor. Landlord 24+ years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

The landlord for 22 years has always come to the rental to

Resolved Question:

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.
Submitted: 1 year ago.
Category: Real Estate Law
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.
.
Do you still have the checks made out and dated for the appropriate times when the rent is due?

.

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

Customer: replied 1 year ago.

Yes still have checks and my husband has text correspondence.

Expert:  Barrister replied 1 year ago.
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.
.
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.
.
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.
.
.
Thanks
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 23395
Experience: 14 years real estate, Realtor. Landlord 24+ years
Barrister and 3 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

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

Expert:  Barrister replied 1 year ago.
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.
.
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.
.
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...
.
.
Thanks
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 23395
Experience: 14 years real estate, Realtor. Landlord 24+ years
Barrister and 3 other Real Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.