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Customer Question
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Lawyer's Assistant: What state is the property located in? And has anyone consulted a local attorney about this?

Ca and not yet however I want to know if hiring an attorney would be worth it or not

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

The terms of the lease were verbal month to month. But we have lived here a year and a half and paid rent every month I full until he notified us he would reduce our rent by 500 and intended to rent out the guest house we were paying for as part of the rent. Which the property is r1 with one Meter for propane and electricity

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That verbally I was told no further legal action would be taken initially and I did not need to respond within the 5 day period. He was going to drop everything instead due to my lack of response he asked for a default judgement be issued. And then a writ of possession

Submitted: 7 months ago.Category: Landlord-Tenant
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Answered in 17 minutes by:
1/16/2018
Lawyer: Phillips Esq., Attorney-at-Law replied 7 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 22,819
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Lawyer: Phillips Esq., Attorney-at-Law replied 7 months ago

I am sorry, but I do not understand your post because it appears that some of what you typed previously were lost.

Kindly start from the beginning and explain your situation.

Thank you for your patience and your cooperation.

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Customer reply replied 7 months ago
Ok so back in November after living here since last August, our landlord informs us he intends to rent out basically the in law suite above out our garage, which was included in our rent. Also the property is an r1 property. With one meter for everything.
Customer reply replied 7 months ago
Main point.. somehow without me knowing because we had a verbal agreement upon him accepting payment that no further legal action would be persued. Then long story short I get a request he filled out for a default judgement be entered. Followed by nothing other than the sheriff delivering a writ of possesion
Customer reply replied 7 months ago
After a writ of possesion is issued can anything be done
Customer reply replied 7 months ago
I can call you at 9 if you will be available. However I really needed to know if a check written post dated today also one was received on the 1st however he wanted additional money exceeding normal rent to stay. Would it be beneficial at all to the case to let him cash the check, because I know he willl. Or if it won’t help me I’m going to place a stop payment on it
Lawyer: Phillips Esq., Attorney-at-Law replied 7 months ago

Thank you for the information.

Kindly give me a few minutes to review the information and prepare my response.

I do not participate in the phone call program, which is at additional cost. So, I will not be calling you on the phone.

Thank you for your patience.

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Lawyer: Phillips Esq., Attorney-at-Law replied 7 months ago

Thank you for the information. However, I am unable to further assist. So, I will opt out to give another Attorney the opportunity to further assist you.

Goodluck with your case,

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Lawyer: Law Educator, Esq., Attorney replied 7 months ago
Law Educator, Esq.
Category: Landlord-Tenant
Satisfied Customers: 126,938
Experience: Attorney with over 24 years experience.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

I am a DIFFERENT CONTRIBUTOR as your previous contributor had to leave.

If there has been a default judgment and writ of possession entered against you, the first step is you need to go to court and file a motion to vacate/set aside default and you need to explain to the court that you did no show up because landlord lied to you saying they would dismiss the case based on your verbal agreement with the landlord. The courts prefer trials on the merits so if you can explain what the verbal agreement was with the landlord you have a good chance of getting the default vacated and the writ of possession removed. However, then you will need to go to trial and prove your case regarding the agreement and lease terms you entered with the landlord.

As a month to month tenant, he still can evict you with 60 days notice though, so that does not mean you will not get evicted eventually, it means you will delay the eviction.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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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.

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