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Alex Esquire
Alex Esquire, Attorney at Law
Category: Real Estate Law
Satisfied Customers: 16503
Experience:  Experienced Licensed Attorney / Real Estate Law Mentor
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In March, 2016 we were at court and agreed to pay the the back

Customer Question

In March, 2016 we were at court and agreed to pay the the back rent by April, 30. At that time I paid the landlord $1000.00. The reason I am behind is when we moved in November 2015 although the heat was on we didn't have any heat. They gave me the runaround for a month and then called a professional boiler man. He told them and us that the radiators in our unit needed to be replaced. He didn't do that. He wanted to wait until the end of March 2016. He is supposed to provide the heat free according to the lease.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Alex Esquire replied 10 months ago.
Hello. My name is***** am a US licensed attorney and I will be happy to answer your question.I am sorry to hear about this unfortunate situation.Please note, I cannot comment on your specific situation, as this services is only limited to general information and for any legal advice / legal service you should contact your local attorney.What is your legal question about the situation you have described?
Customer: replied 10 months ago.
My question is he just told me the Marshall will be here in the morning and ill have 3 minutes to get my belongings out.
Expert:  Alex Esquire replied 10 months ago.
Thank you for your follow up.Did you fail to pay all of the back rent by April 30 as was agreed and ordered by the court?
Customer: replied 10 months ago.
No the landlord and I renegotiated a different deal I ask him to put in writing and he won't. Since then I have received a letter from his attorney telling me I have to move. There is no date set. The papers do say that a writ of restitution and move out date be set forthwith. There was no set date in the papers we received. Now he tells me I will have to get out Monday and I will get 3 minutes to pack and the Marshall lock us out and the contents left for him. Is that legal?
Expert:  Alex Esquire replied 10 months ago.
Thank you for your follow up.While I cannot comment on your specific case, generally any agreements related to similar rental matter would have to be in writing, so if the tenant did not comply with the agreement terms that was approved by the court, and there was no other written agreement made, then the terms of the original agreement would be legally in force and the landlord would be able to obtain a writ of possession and writ of restitution immediately once the deadline for the tenant to meet all the agreement terms expires.I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide JustAnswer.com customers with correct answers, even when answer is not favorable to the customer.I wish you the best of luck and God bless you!
Expert:  Alex Esquire replied 10 months ago.
Please let me know if you have any related follow up questions?If not, please positively rate and accept my answer, so I can be compensated for my work.Thank you.
Customer: replied 10 months ago.
Even though the original papers has no date? He can just decide what ever date? According to the letter from his attorney said they have no date set.
Expert:  Alex Esquire replied 10 months ago.
Thank you for your follow up.I cannot comment on your specific case, but generally, if the tenant did not comply with all the terms of the court ordered agreement by the deadline, the attorney for the landlord can obtain a writ of possession and writ of restitution forthwith (if that is what is stated in the written court ordered agreement) and generally the only option would be is to either appear in court first thing in the morning and request an emergency hearing to extend eviction date (usually court will only grant such extension if the tenant complies and pays all of the back and current rent that is ordered) or to pack and be ready to move to a new place as soon as Monday morning, since otherwise the landlord can in fact consider any tenant's possession that is not removed from the rental premises at the time of the eviction as abandoned and dispose of the possessions at the landlord's discretion.I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide JustAnswer.com customers with correct answers, even when answer is not favorable to the customer.I wish you the best of luck and God bless you!
Expert:  Alex Esquire replied 10 months ago.
Please let me know if you have any related follow up questions?If not, please positively rate and accept my answer, so I can be compensated for my work.Thank you.

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