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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 33069
Experience:  12+ yrs. of experience including real estate law.
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My lease is up at the end of December. My complex filed an

Customer Question

My name is ***** ***** my lease is up at the end of December . My complex filed an eviction against me for septembers rent . I paid them the rent and all the late fees and Octobers rent and attorney's fees . The total was $3500.00 . After this they sent us a letter for no renewal for our lease . The following week Novembers rent rent was due but I didn't have the money right away and I was going to pay them with the late fees when I got all the money together . Within that time the management sent us a letter saying that they will not accept our money until the water bill was paid .so I paid the water bill instead of paying them the rent so they would accept the payment . A day later they sent us another letter saying they wanted the money that day or an eviction was going to be filed against us again . So I sent them a letter saying what I did with the rent money which I had but paid the water bill so they would accept our payment . I never heard anything from them , I made several attempts to reach them but they never answer the phone and when you leave a message they never give you a return call back . The following week the check cleared and I picked up money orders for the November rent and late fees and dropped it off . They sent us a letter of eviction and said they were sending our money back . Within that time the December rent was due and I paid it on time and I never heard anything from the office . Then they sent us a letter stating that we are under another eviction and they would not accept the Dec. rent and sent it back to us .
Is there anything I can do to get the evictions off of my record since they weren't filed with the court ? Because I'm trying to find a place but because I have those evictions I can't rent anywhere . I have the money to pay them and I've attempted to call to see what the balance is that I owe to them .
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  P. Simmons replied 11 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma. I want to make sure I understand, your lease is up 1 Jan, is that correct?

And you plan to be out by then?

Customer: replied 11 months ago.
the lease is up Jan. 1 and we until the 6th to be out . I hope to be out but it's seriously tough with the evictions .
Expert:  P. Simmons replied 11 months ago.

Thank you

Have they filed an eviction case yet? If so when is the hearing?

Customer: replied 11 months ago.
There never was a hearing because I paid them the money $3500 . Now they've filed a 2nd eviction for November .
Expert:  P. Simmons replied 11 months ago.

Thank you....but is there a hearing scheduled for this new eviction? Is so when?

Customer: replied 11 months ago.
No , no hearing . But they sent us the letter of eviction and now we just have to respond before there is a default filed .
Expert:  P. Simmons replied 11 months ago.

THanks

I have some thoughts and will type them up...a few mins please

Customer: replied 11 months ago.
Why is it that the evictions are on my record without being filed with the court system ?
Expert:  P. Simmons replied 11 months ago.

Thank you for your patience

The landlord has the power to evict you…if they gave you notice, in writing, that you were late on the rent and you did not pay as demanded? They can begin the eviction process.

HOWEVER, what you are describing? I suspect that they will not be able to effect the eviction until after the 1st of the month.

It is a timing problem (for the landlord).

Before they can evict, they must first file a case with the court and provide you notice, in writing (service of process). This process typically takes a few weeks. So if you have not been served yet? I doubt they can get you into court before the 1st.

Bot***** *****ne: they can evict you…since you did not pay as required.

But before they can evict they must bring the case to court…and that takes a few weeks. If they have not filed the case yet? It is unlikely they can evict you before 1 Jan

Now...about your record? If they file a case, there will be a "record" of the filing.

But until they file, there is no court record.

If the goal is to avoid the record? You need to pay them off or move out before they actually file the case.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 11 months ago.
I have every intention paying them . But I can't rent anywhere else because these are on my record . Is there anything I can do about removing or expungement ? I am screwed !
Expert:  P. Simmons replied 11 months ago.

You mention "record"...can you explain what you mean by this...

Customer: replied 11 months ago.
I put in an application for another place but was denied because I have the 2 evictions . Cost me $150.00 and I can't continue to pay application fees and get denied .
Expert:  P. Simmons replied 11 months ago.

But where are they getting the information? From your current landlord?

Customer: replied 11 months ago.
If they're not on the court record then what is the place that I'm trying to get seeing ? So if they haven't been filed with the court and I pay them why are they still on my record ?
Expert:  P. Simmons replied 11 months ago.

But that is my question...where are they seeing the evictions? Have you asked them?

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