Real Estate Law
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I am sorry for this dilemma. I want to make sure I understand, your lease is up 1 Jan, is that correct?And you plan to be out by then?
Have they filed an eviction case yet? If so when is the hearing?
Thank you....but is there a hearing scheduled for this new eviction? Is so when?
I have some thoughts and will type them up...a few mins please
Thank you for your patience
The landlord has the power to evict you…if they gave you notice, in writing, that you were late on the rent and you did not pay as demanded? They can begin the eviction process.HOWEVER, what you are describing? I suspect that they will not be able to effect the eviction until after the 1st of the month.
It is a timing problem (for the landlord).
Before they can evict, they must first file a case with the court and provide you notice, in writing (service of process). This process typically takes a few weeks. So if you have not been served yet? I doubt they can get you into court before the 1st.Bot***** *****ne: they can evict you…since you did not pay as required.But before they can evict they must bring the case to court…and that takes a few weeks. If they have not filed the case yet? It is unlikely they can evict you before 1 JanNow...about your record? If they file a case, there will be a "record" of the filing.But until they file, there is no court record.If the goal is to avoid the record? You need to pay them off or move out before they actually file the case.
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You mention "record"...can you explain what you mean by this...
But where are they getting the information? From your current landlord?
But that is my question...where are they seeing the evictions? Have you asked them?