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Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 29796
Experience:  Attorney
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My landlord keeps saying I own her 3,000.0in back rent

Customer Question

Good Morning my landlord keeps saying I own her 3,000.0in back rent for 2015 however I have all my paperwork showing that I don't before this notice I paid her over 2,500.00 only because I could not fine my paperwork now she stating that if I do not pay her within 10 days I need to be out I have my 89 year old mother staying with feel like she tying to take a advantage of us, can I stop the 10 day notice? is there anything I can do I been there for over 15 years I am planning on moving out but the place will not be really until 9th I need help
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this is happening.

It is illegal for a landlord to remove a tenant from leased premises without a court order. What that means is, if you're still there at the expiration of the ten day notice, she has to file an eviction lawsuit and serve you with a copy of the Summons and Complaint. Then she has to get a court date for a trial. That usually takes a couple of weeks. At the trial, you're allowed to present evidence in your own defense. You can bring in copies of all your cancelled checks showing that you do not owe $3,000. If you don't have them, you can request a continuance while you get a copy from the bank. This also buys you time to move out. And if you gave her $2,500 that you didn't owe just to avoid eviction, you can sue her for a refund of that money after you move out (it's not part of the eviction case). A landlord can't just demand money they're not owed not to evict someone - that's extortion, and in your case, it's also elder financial abuse. You could file a police report against your landlord.

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Expert:  Lucy, Esq. replied 1 year ago.

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