Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Landlord-Tenant

Due to my salary not being paid as it should i wasnt able to

Customer Question
Hi due to my salary...
Hi due to my salary not being paid as it should i wasnt able to pay my full monthly rent I did pay though ...and I kept the water an electricity paid in full...now Im being evicted for not paying or short paying what am i to do
Submitted: 2 years ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 1 hour by:
10/6/2015
Lawyer: jwfourieatt,
 replied 2 years ago
jwfourieatt
Category: Landlord-Tenant
Satisfied Customers: 15,603
Verified

Good evening

Has an eviction order been granted yet? Or is it only a threat of eviction at the moment?

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
Its only a threat still. No court order as yet
Lawyer: jwfourieatt,
 replied 2 years ago

How late are you? More than 20 business days?

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
Over the period of a year the amount owing amounts to R24k
Lawyer: jwfourieatt,
 replied 2 years ago

Okay, so it is not just one month that you are in arrears? You have either short paid or not paid over a period of a year?

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
Short paid ...
Customer reply replied 2 years ago
over a period of a year
Lawyer: jwfourieatt,
 replied 2 years ago

Did you receive a written notice that says that you are to remedy the default within 20 business days, alternatively the agreement will be cancelled and you will be evicted? The notice could be in an e-mail or even an sms. Does not have to be a formal letter.

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
i did recieve a notice
Lawyer: jwfourieatt,
 replied 2 years ago

And has the 20 days passed? If so, did they send you a notice informing you that the agreement has now been cancelled?

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
i have to be out by the end of this month
Customer reply replied 2 years ago
The moneys shoulb be paid by the off this month aswell
Lawyer: jwfourieatt,
 replied 2 years ago

I am afraid that you have very little options at the moment. There is but a finite number of things that you can do:

1. Pay the arrears and negotiate a new contract. Or negotiate a new contract where the repayment of the arrears is incorporated in the new rental amount. Whether this is going to work is going to depend totally on whether the landlord is going to accept your proposal or not.

2. You can decide not to move by the end of the month, in which case they will probably approach the court to obtain an eviction order. There is, unfortunately, precious little that you can do to defend this application, given that you have been issued with the notices as mentioned above and that you have not complied. Unfortunately, the reason for your non-compliance is not going to be relevant. You are then also going to be held liable for the legal costs of obtaining this application.

3. You can negotiate with the landlord on a date later than the end of the month by when you should be out.

4. You can move out by the end of the month. If the first or third option does not come off, then this would probably be the best option for you, since you would then save on the legal costs of the application for eviction.

I know that this is probably not the answer that you have hoped for, however, I hope that you can still get some value out of it. I try my best to provide you with a legally sound and accurate answer and however much it pains me, it is not always good news. Trust me when I say that I wish I could provide you with a more optimistic answer. If you have follow up questions before you rate, feel free to ask them at no extra cost. If you are satisfied with the service, kindly rate it positively

Ask Your Own Landlord-Tenant Question
Lawyer: jwfourieatt,
 replied 2 years ago

The second option is probably going to enable you to stay an extra month or two in the property as this is the time that it takes to obtain a court order. You would, however, still be liable for the rent for those two months. So, that would give you some breathing room to find another place, but literally at the price of the legal costs.

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
Thank you..
Lawyer: jwfourieatt,
 replied 2 years ago

My pleasure. I am sorry to be the bearer of bad news. Kindly do not forget to rate.

Ask Your Own Landlord-Tenant Question
Ask jwfourieatt Your Own Question
jwfourieatt
jwfourieatt
jwfourieatt
Category: Landlord-Tenant
Satisfied Customers: 15,603
15,603 Satisfied Customers

jwfourieatt is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,830 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,075 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,272 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
I'm wondering howntonmlenaure a tenant moves out by the end
Hello, I'm wondering howntonmlenaure a tenant moves out by the end of a lease … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,966 satisfied customers
What are the duties of a revocable trust. Vermont. That the
that the occupants are suppose to make payments equal tp the amount of the taxes and they don,t … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,830 satisfied customers
We live in a mobile home park in Maryland. We pay rent on
We live in a mobile home park in Maryland. We pay rent on the land but own our home. Last year, our park manager began lumping our quarterly water/sewer bill onto our rent for that particular month. H… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,075 satisfied customers
I was renting an appartment of a house @*** *. ******* ***.
I was renting an appartment of a house @*** *. ******* ***. #1 ,in ******** ****, **.*****. The landlord refused to do any repaired on the house. I done most of them, but I cannot do the staires. So ,… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,075 satisfied customers
I have been in a Lawsuit for the last 4 yrs with my Landlord
I have been in a Lawsuit for the last 4 yrs with my Landlord with no judgement of yet for either side, About a week ago we found out he sold the commercial Building he owned that was the Corporation w… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,682 satisfied customers
My mother has rented out a bedroom in her house to an
Hello - my mother has rented out a bedroom in her house to an individual that has not paid their rent for over two months. My mother has an agreement with the renter on which rent is due on a month-to… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,443 satisfied customers
Regrettably, i decided to sign a lease with a new
regrettably, i decided to sign a lease with a new girlfriend . she is abusive and I want to terminate my lease. she will not vacate, and the landlords will not sign a lease with her because she violat… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,030 satisfied customers
I have been living in this rental condo for two yrs. and I
I have been living in this rental condo for two yrs. and I advised the owners near the beginning, I would feel biting at my ankles in 3 areas of the condo, they didn't care. Now, two yrs later, I have… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,443 satisfied customers
Back in July of this year, we discovered black mold in our
Back in July of this year, we discovered black mold in our basement apartment due to cracks in the foundation. We contacted our landlord (who lived upstairs) immediately. He came down and inspected th… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,075 satisfied customers
I have been summoned to court as a tenant in a
I have been summoned to court as a tenant in a tenant/landlord case from someone that has never been my landlord/tenant. He has yet to properly serve me and the magistrate court sent the summons to my… read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,421 satisfied customers
How do I evict a sub tenent who is behind on rent and is not
How do I evict a sub tenent who is behind on rent and is not on the lease? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,966 satisfied customers
The o. The house I'm l. ... The house I'm staying in is
The house I'm staying in is owned by my dad and brother. It's a 4 bedroom and 3 of the rooms are used by me and my kids, last to my dad. Suddenly my brother wants me and kids out of the house. Does my brother have the right to evict if my dad wants me to stay? Also the land on which the house is in top of is in my dad's name… read more
KJL LAW
KJL LAW
Juris Doctorate
1,618 satisfied customers
I am a tenant in FL that signed a lease August 1 for 1 year.
Hi, I am a tenant in FL that signed a lease August 1 for 1 year. I lost my job and have had a hard time finding work so I want to move to another city/state. I asked my landlord if I can give notice a… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I separated from my husband due to a Protective Order
I separated from my husband due to a Protective Order against Domestic Violence. I talked to several people about renting a room. One lady said she had a room for she would rent me in her apartment fo… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,443 satisfied customers
The home my sons are renting is being purchased by the city.
The home my sons are renting is being purchased by the city. He signed paerwork with city and they agreed that move out by the end of this month. when my son moved in they paid first, lst and a securi… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,830 satisfied customers
One more question... does the landlord have to return rent
Hi there, one more question... does the landlord have to return rent for the time the house has not been repaired?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,190 satisfied customers
I need help regarding finding out the eviction that just
good morning I need help regarding finding out the eviction that just happen and i put my name on he lease … read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,682 satisfied customers
My tenant disappeared and gave possession of apartment to
my tenant disappeared and gave possession of apartment to some unknown people.how can i evict these people although they are paying rent on original tenant's name/behalf.a lease was written on the the… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,830 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x