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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 110573
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I've been renting a home since Nov 2015. In April 2016 i informed

Customer Question

I've been renting a home since Nov 2015. In April 2016 i informed landlord i would be due to having a surgical procedure. I pd(deposited) rent including late fees on April 15th as promised. Eviction was filed. During hearing on April 22nd. landlord ask for judgment for me to move out because of being late. The landlord stated to the judge and myself he would give me my $1100.00 back for April's rent (someone how I don't believe him). I filed appeal for eviction to allow time for me to move however. I would like to retain an atty to discuss matter in more detail. I feel as though he is retaliating against me because I requested in writing for him to complete ongoing repairs that were not done as promised upon my move in date. If he wanted me to move he should have told me and not accepted my rent for April. I could understand if i was months behind. we are speaking of 11 days.
After court the realtor mentioned the landlord has relocated back to Texas. None of this is adding up and not fair as a single mom.I feel taken advantageof.
Please advise.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 6 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.
Once the landlord gave you notice to evict, they could not accept rent. If they accepted rent from you for April, then unless you had a written lease to the contrary they had to give you 30 day written notice to evict. However, at this point, while he can evict you he would not be able to accept the rent and continue to evict you in court. He can back off and give you 30 days in writing to leave or you can sue him for the rent and an illegal eviction based on him not giving you proper notice and seek damages from him for the illegal eviction.

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