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I am moving in 4 days and haven't paid my weekly rent.

I am moving in 4...
I am moving in 4 days and haven't paid my weekly rent. Received eviction notice today to move out in 3 days. The reason I didn't pay was because the landlord has items that has been taken from me. I want them back. Then I would have paid the rent. The landlord also has come into my place and gone through my desk and found a cashier check made to them and took it and lied about having it and blamed another person that they had gotten it for them in turn was a lie.
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Answered in 3 minutes by:
9/18/2017
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 38,719
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by JustAnswer. If you have requested a phone call with an attorney, your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

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I have read your comments, but I am not sure what your legal question is?

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thanks

Barrister

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 months ago
Do I have to worry about not paying the rent and go ahead and move out like I have planed and worry about any further legal action?

From a legal perspective, the two issues are not really related. The duty to pay rent is not dependent on the landlord returning any personal property that they may have that is yours. If they are keeping your personal property, you can sue them for "conversion", which is the wrongful keeping of the property of another, and "replevin", which is its return.

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But the contract to pay rent is just that the landlord provides a habitable dwelling for you to live in and in return you pay the rent..

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So they are unrelated and if one is breached, it doesn't affect the other..

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But if you actually vacate and return the keys before any court date, then any eviction action is improper because it is about possession. The eviction action should then be dismissed if one was actually filed. The landlord would then only have a civil cause of action against you for any unpaid rent.

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However, if you have just received a 3 day notice to pay or vacate, it doesn't start running until tomorrow so if you are moving in 4 days, it is pretty unlikely that the landlord will have time to file a formal eviction action in court before you move out.

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thanks

Barrister

barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 38,719
Experience: Attorney over 17 years, landlord 26 years
Verified
barristerinky and 87 other Landlord-Tenant Specialists are ready to help you
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Thank you very much for the positive rating and generous bonus, it is greatly appreciated!

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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Have a great evening!

Barrister

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barristerinky
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 38,719
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Experience: Attorney over 17 years, landlord 26 years

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