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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111550
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I'm a 56yr old who has been my Mom's caregiver (licensed) si

Customer Question

I'm a 56yr old who has been my Mom's caregiver (licensed) since the death of my father in 2012. I am the only child. I brought my Mom out to Az. From Ga. Her grandkids r here. She rented an apt in her name we have lived together since Dec. 2012 she died in March 2016 without being able to go in the office to renew her lease that ended in Feb. 2016. She was progressing with dementia & last yr. We signed a paper stating I am handling all bill pay for her. The property changed hands this yr. I'm not on the lease. She died we had auto bill pay we had a payment reverse in march. They started eviction court held March 28 . I represent ed my mom told the judge mom passed he ordered me ti pay nothing just move by april 3rd I couldn't get the truck until the 4th went to get it & the apts took 1481.00 from our joint account (I couldn't move) acct bal -786.00 NO $ THEY CAME TO THE DOOR W/POLICE ON MARCH 11,2016 MADE ME & MY GRANDSON LEAVE IMEDIATLY SAID THEY DIDN'T TAKE PAYMENT. NOW I HAVE NO ENTRY NO HOME & THEY WILL NOT LET ME HAVE MY BELONG INGS WHAT DO I DO???
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 7 months 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.
If they took the payment, then you have cause for an illegal eviction, but you would need to file suit in court against the landlord for the illegal eviction. This means you need to get down to legal aid and get legal assistance to help you file this on an expedited basis for a court order to allow you back into the home since the landlord took payment. You need to bring proof to the court that they took the payment from the account. This is the only way for you to regain entry into the apartment and gain enough time for you to pack up and move on your time, since you are not on the lease you can still be evicted, but now they have to give you at least 30 days to do so as they took rent from your account.

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