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My landlord is trying to evict me. We went to court and her…

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My landlord is trying...

My landlord is trying to evict me. We went to court and her representative lied about a water bill and the judge decided I owe it based on I didn’t have written proof that water was included with rent. I have filed for an appeal since I wasn’t even granted time to hire a lawyer, but when I tried to pay the judgement amount I was denied. I generally make payments via a bank card my landlord gave us but the pin has since been changed. How do I proceed?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

MI

Lawyer's Assistant: What steps have you taken so far?

Went to court, judgement was entered against me, filed for an appeal, attempted to pay while fighting this matter and now I fear a cop showing up at any moment because it’s now been ten days.

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

Kind of wondering about the legality of the landlord not being the one to take me to court. She was the one we initially signed the lease with and had contact through, but we’ve since been dealing with her son as she’s out it town right now and he’s misinformed about the initial terms of the lease.

Submitted: 3 months ago.Category: Legal
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Answered in 1 minute by:
3/26/2018
Lawyer: Nisha Jones,
 replied 3 months ago
Nisha Jones
Category: Legal
Satisfied Customers: 3,376
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good morning, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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Lawyer: Nisha Jones,
 replied 3 months ago

I'm sorry to hear about your situation. Give me just a few minutes to finish typing up some information for you, thanks!

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Lawyer: Nisha Jones,
 replied 3 months ago

Can you please clarify, are you attempting to make the payments directly to your landlord?

Do you have a copy of your lease? If so, it should include a stipulation that water is included in the cost of rent.

Did your landlord have an attorney present in court on their behalf? Or was it just her son present?

If her son has power of attorney, or is a joint owner of the property, then it would be legally permissible for him to be the agent present in court.

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Customer reply replied 3 months ago
Was trying to pay landlord directly, I have a copy of the lease and it doesn’t list water specifically but I have printed out text conversations with her where she states water was included unless it becomes excessive then we would be responsible for water, no attorney present and unsure about power of attorney. All he said was that she added him to the lease so that he could proceed on her behalf as she is out of the state at the moment. As far as the water we have never been billed for that until we showed up to court. We were behind in rent and were prepared to pay that, but I had no knowledge of said water bill until I showed up at court.
Lawyer: Nisha Jones,
 replied 3 months ago

Were you able to provide those texts to the judge?

If so then he unfortunately may have nonetheless decided that you were legally responsible for the water bills.

Since it wasn't written into the lease, the judge most likely would rule on your landlord's favor on that matter unfortunately.

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Lawyer: Nisha Jones,
 replied 3 months ago

Did the judge grant the eviction order that day in court then?

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Customer reply replied 3 months ago
I didn’t have access to them that day, I honestly thought I’d have time to hire an attorney as I barely found out about the bill that day in court. We were already behind on rent after my dad passed away and brought that money to court, it was only then that we found out about a $2400 water bill and the judge processed it all in that one preceding. We then borrowed the additional money from my mom but have been unable to deposit it. The landlord gave me a debit card with a pin to make rent payments to and all of a sudden that’s not working. Yet the morning of court I deposited our past due rent at the time with no complications but now it’s sufdenly telling me incorrect pin when I have no access to said account otherwise as it’s not mine. Now it’s past the ten days so I’m wondering if I pay the court direct? Because from what I could find out I still pay the whole amount while the appeal process is complete but I’m not sure how to do that at this point.
Lawyer: Nisha Jones,
 replied 3 months ago

Did you contact the landlord or her son about this?

It might just be an oversight or some other type of error.

Also yes, you can apprise the court of the issues your are having with delivering payment, and request that you be allowed to make payment directly to the court.

I hope that helps!

Please let me know if you have any other questions about this. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Lawyer: Nisha Jones,
 replied 3 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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