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I was just notified by the leasing office at our apartment…

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I was just notified by...
I was just notified by the leasing office at our apartment complex that a sherriff will be coming by...as soon as today, as late os Monday to evict us. I was told after he comes we will have 24 hours to vacate the apartment. Do we have any recourse regarding paying arrearages or having more time to vacate?
Submitted: 2 years ago.Category: Landlord-Tenant
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Answered in 2 minutes by:
2/18/2016
Lawyer: Ely, Counselor at Law replied 2 years ago
Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 103,583
Experience: Attorney
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Have you been given a NOTICE TO QUIT? Was there a Court date? Or is this the first you have heard of this at all?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

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Customer reply replied 2 years ago
No. No Notice to Quit or Court Date.
Customer reply replied 2 years ago
There was a Summons on Claim for Possession of Residential Premises and/or Ancillary Relief. on Dec 23. We paid those monies and January's rent. We are late with February.
Lawyer: Ely, Counselor at Law replied 2 years ago

Ah, okay.

So there was a judgment for eviction.

1) WHEN did you pay the money - before or after the 23rd's date of judgment?

2) Have you filed for an appeal?

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Customer reply replied 2 years ago
After. No. No appeal filed.
Lawyer: Ely, Counselor at Law replied 2 years ago

Thank you.

What happened is that there was a judgment for eviction. At this point, the landlord no longer had to accept the money. They can evict. if you do not leave, then they can file a Writ to get the constable to come out to evict you. the tenancy has ended.

You paid money but after the eviction. You never filed any appeal and simply paid the money, It can be argued that the landlord took the rent and thus established a month to month tenancy, perhaps. However the landlord is going to argue that the money was for missed rent and legal fees.

Someone in your situation wants to file a Motion to Stay to pause the eviction, and perhaps appeal the matter or at least get clarification in the court as to the situation.

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Lawyer: Ely, Counselor at Law replied 2 years ago
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!
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