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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37097
Experience:  Attorney over 16 years, landlord 26 years
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I had a stipulation I was suppose to pay the rent on the 20

Customer Question

I had a stipulation I was suppose to pay the rent on the 20 July and the 20 August they had some repairs to do . They did one I didn't pay the rent for the 20 July and the 20 of August . I just recieved a notice of motion stating a date sept 8 . The location . It say relief requested : to restore to the calendar to enter judgement issue and execution of warrant forthwith together with just and further relief as the court deems just and proper. What does that mean? I made the Monet order for both months and was taking it in to the landlord .
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 11 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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Are you saying that you didn't pay the rent on July 20th or Aug 20th despite the stipulated agreement that you entered into with the landlord that you would do so?

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Have you paid the full amount of rent due yet?

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thanks

Barrister

Customer: replied 11 months ago.
No I have the money orders which I was planning to take in to them . For July and August
Expert:  barristerinky replied 11 months ago.

I am sorry but I do not participate in the phone call program for the site and limit my interaction with customers only to the website. I like to have time to think about a customer’s question and research it so I can provide the best answer possible.

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However, if you wish to have a phone call with an attorney, you can post a request for "additional services" and your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

Customer: replied 11 months ago.
No it's ok can you answer my question on line as you are doing now . Do you have an answer for me
Expert:  barristerinky replied 11 months ago.

If you haven't complied with the stipulated agreement, then the landlord can go back to court and ask the judge for an immediate order of eviction to be issued. Then a few days later he can have the sheriff or constable show up and physically force you to leave the property.

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He isn't obligated to accept the rent now since you didn't comply with the agreement, but he may do so anyway so it doesn't hurt to try to pay the rent..

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thanks

Barrister

Customer: replied 11 months ago.
Does it sound like he won't they had repairs to do they didn't complete the repair they only did one
Customer: replied 11 months ago.
Does it sound like they won't . They had repairs to do which they didn't compete
Customer: replied 11 months ago.
The paper that they send gave me a date to appear in court in sept 8 does that mean that they want they the money
Expert:  barristerinky replied 11 months ago.

There is no way for me to guess what they will do... If the rent payment was conditioned on them doing the repairs, then you have a defense to not paying. But normally if you don't pay for 2 months, the judge will just give the landlord a judgment unless the repairs were so severe as to make the property uninhabitable.

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It sounds to me that the landlord wants to get the order of eviction from the judge if they didn't contact you and ask you why you aren't paying the rent.

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thanks

Barrister

Customer: replied 11 months ago.
But they gave a date to go to court
Expert:  barristerinky replied 11 months ago.

Yes, that means that they want to go to court and get the judge to give them an order evicting you. You have to have a court date to go to court.

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But I would still try to pay the landlord because if you do, and he accepts it, then when you go to court, you can tell the judge that you paid and he accepted so his request should be denied.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks

Barrister

Customer: replied 11 months ago.
We are still in August and I'm taking it in to them tomorrow. do I have a good chance since they have a court date
Expert:  barristerinky replied 11 months ago.

We are still in August and I'm taking it in to them tomorrow. do I have a good chance since they have a court date.

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I think that if all they want is the money, then they may accept it. But they will also want their court costs in order to drop the case.

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Barrister

Customer: replied 11 months ago.
Does it sound like all they want is their money
Expert:  barristerinky replied 11 months ago.

No way to know...you are asking me to give an opinion about people who I know nothing about and have never met.. You would be in a better position to know than I would based on their past actions.

Customer: replied 11 months ago.
I had previous eviction had an order oto show cause and give them their money and they accepted ur I have lived here go over 20 years
Expert:  barristerinky replied 11 months ago.

Well, that shows that they are more concerned about just getting their money than actually evicting you. So that is encouraging for you.

Customer: replied 11 months ago.
If the get the judgement will they give you 5 day notice to get a order of show cause .
Expert:  barristerinky replied 11 months ago.

If they get the judgment then you have 5 days to move before they can have the sheriff force you to vacate.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work.

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thanks

Barrister