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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111484
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I was given a three-day notice that was felonious I'm

Customer Question

I was given a three-day notice that was felonious I'm responded but I also had to move losing my business
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
Landlords Attorney filed incorrect amount owed said he would correct and filed wrong again
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Please explain what you are talking about? What do you mean a notice was "felonious" tell us what is going on. Give us all the details of your situation. You say you filed your answer in court against the landlord?
Customer: replied 1 year ago.
I was give a three day notice out of no where. I had paid 750 for July rent after I told my landlord I might have to leave because business was down. My three day notice did not reflect my payment I spoke with landlord attorney and he said the landlord didn't cash my check there for it wasn't deducted from rent due. I told him not my problem, I paid and I don't owe the amount on three-day notice. The attorney told me the landlord had other plans for his building and to save my money and not pay for back rent because they would not accept it. Attorney said he would give until 8-1-15 to get out on 7-14-15 and on 7-17-15 he served me a summon and I replied with proof of improper amount filed
Customer: replied 1 year ago.
I have been kicked out and my students were too. This is a karate school
Customer: replied 1 year ago.
Are you there?
Customer: replied 1 year ago.
I have been a renter for 22 months only fell behind twice but caught up
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply. Sorry for the delay, as it was Sunday I had some other issues to tend to in the afternoon and evening, thank you for understanding.
So, you have a lease for a certain period of time and you paid your rent on time, but the landlord refused to cash the check. If your rent payment was not delinquent, the landlord cannot refuse to cash your check and as such his conduct is breach of lease. You need to file a suit or counter suit (if your eviction case is still open). The landlord can only refuse a rent payment when rent is delinquent or there are arrears in rent due and in that case they can refuse rent and proceed to eviction.
If you sue for breach of contract, then you can seek to recover all damages you have incurred, including loss of business and any other damages.
You are going to really need to hire your own attorney, since the landlord has one already, and you can recover your damages and your attorney could also file a motion for a temporary injunction to force them to allow you back into the building since you paid rent.
Customer: replied 1 year ago.
I paid for you to call???? No call ???
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply. Phone calls are an extra fee in addition to what was paid and I never received a phone call request.
Also, I apologize but live phone calls, unlike in other sections on JustAnswer.com, can be deemed practice of law which is forbidden by state laws as we do not and cannot represent you in any legal matter. I would be happy to continue with you in this forum if you would like to use reply. Thank you for understanding.

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