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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36589
Experience:  16 years real estate, Realtor. Landlord 26 years
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The apartments I'm currently in filed eviction on me because

Customer Question

Hello,
The apartments I'm currently in filed eviction on me because I was behind on my rent one month due to a car accident. I explained my situation to the leasing office they told me ok. Just pay the past due in full and make sure I'm current by 10/7/16... 10/1/2016 we gave them the past due which was Saturday. They also asked could I have a third person come in on the lease. It was odd to me but I still said ok just so I wouldn't lose my place. So, Monday my dad came down from out of town to be the third person on the lease and they told him they changed their mind and already leased my apartment. Can they do this? We have no where to go. Please help!! Thank you
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Barrister replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Have you actually been given a 3 day notice to pay or vacate?

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If so, and you couldn't pay everything due, did they file a formal eviction case in court where a judge issued a judgment of eviction against you?

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thanks

Barrister

Customer: replied 8 months ago.
they did. I had everything due the day of court. They just don't want to work with me. We have nowhere to go and no one going to work with us with that on my credit. We went to court. The judge said we could appeal because he just went off the lease. I have where they signed the money orders, voicemails, physical therapy papers for my wreck, and etc.
Expert:  Barrister replied 8 months ago.

Ok, I hate to say it, but if they got a legal judgment against you for eviction, then they can then have a writ of possession executed by the sheriff to physically force you to leave the property.

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That was very sneaky of them to accept the money and then inform you that they were still pursuing an eviction, but legally they can because you did still owe them the back rent.

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If you lost the case, you have 5 days to appeal the case. After that the landlord can get a writ of possession and the sheriff has to post a notice at least 24 hours before the writ is executed. After the 24 hours has expired, the sheriff can physically remove a tenant.

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So at this point, if you are still within that appeal period, you could file an appeal and ask for a stay of eviction and argue that by accepting the rent and fees in full, the landlord waived his right to evict you because you cured the underlying reason for the eviction. It is kind of a weak argument, because once the judgment is entered and final, he can evict and still accept the money, but a judge could possibly find that if the appeal period hadn't run, he couldn't accept the rent without terminating the action.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 8 months ago.
do you think I have a good chance if I appeal? I'm trying to figure out the best route.
Expert:  Barrister replied 8 months ago.

I think that other than convincing the landlord to change his/her mind, it is your only chance to avoid having the sheriff show up and force you to leave and put all your stuff on the curb...

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So if they won't give you another shot, you have two options.... appeal and see if the judge will throw the eviction out on fairness and equity, or go ahead and move your stuff to storage so it doesn't get put out and try to find a new place. You may have better luck with a smaller private landlord if you are up front and explain the reason you got behind, you paid up in full, but the current landlord still decided to end the tenancy.. Smaller private landlords are much more likely to give you a break than a large corporate complex as they immediately disqualify you.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister