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Hi again. Perhaps I will find your name on the left on a regular computer...mobile leaves some things out sometimes...Anyway, I am asking for a clarification of my rights within the law. Should my injunction ask for reasonable addressing of unharmonious conditions within 7 days or I quit the lease and move out (immediately?) WHILE I have already claimed abatement rights by paying 1/3 of my rent with late fee before serving them with this injunction? Am I within my rights if I already told them a month ago that I would not pay full rent until they addressed issues? If they just want me out of their hair, they may just let me get out of the lease, but I need time to move. I am disabled and I have only one person to help me move. Will the Judge give me a reasonable amount if time to move out? Im really trying to keep it simple in my head but it gets overwhelming trying to be certain that I am within the law. I had to give up finding a local attorney who I could hire locally for tenant/landlord issues!! I appreciate the straightforward way you clarify things...thanx
Submitted: 2 years ago.Category: Real Estate Law
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1/28/2016
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 2 years ago
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 31,481
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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How long do you think you would need to move?

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Customer reply replied 2 years ago
I am attaching files to this message so you can see. I got a written notice of past die amount, but no eviction notice telling me how long I have to get out. Did they deny me my right to respond to an eviction notice before they filed this petition for writ of restitution? To answer your last question, I feel that given 15 days, I can have a chance of being able to move everything out.
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 2 years ago

The Judge will tell you once the eviction is ordered but the notice says you have 3 days to pay or else the lease will be terminated, thus resulting in you need to move.

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Customer reply replied 2 years ago
you think a judge will rule in the favor of the landlord and I will be evicted after all my efforts. I guess I should just pay them and keep putting up with the abuse like everyone else then? What you said in your last text was that I should just move out and have to pay them and never get my deposit back? They are asking to keep my deposit also in this petition in addition to full rent until restitution order from judge, etc. etc. Are you saying that I have to move out today? Where will I stay while I go to court. Does it really PAY to fight for what you believe are your rights if you do not have the means to be represented, or education to represent yourself? Im confused again and finding help is proving to be really difficult. Can you help me be more clear on what my rights are and definitively say that cyber messages are as good as written notice and I am not going to get sucker-punched because of some law I cant seem to find says the cyber transmission wont fly because tge lease states that ALL requests must be in writing and sent or hand delivered to the office address. I really need to know this because if I cant win right now, the price may be too high for me if I have to bend over and take it again. Please let me know because I have to file as soon as possible. I dont even know if they will give me copies of my cyber written requests when I go into the office tomorrow. I would like to know before I face them so I dont have to fear them telling me those requests dont count per our lease contract. But they are the ones who verbally told me to communicate requests via the web portal!! I hope I can sleep tonight. Soundproofing wall is not finished and I will have to listen to what sounds like a pimped out, speaker booming, bass thumping car right on the other side of my bedroom. They have known this problem exists even before I requested simething be done about it. When I spoke with the boss in the broker office, he said no initially to my request for putting a proper wall between me and my neighbor because he said it was too costly. Basically, he was telling me that keeping up his end of the rental agreement was too costly! I even offered to help! Thanks for letting me vent also...
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 2 years ago

If you have a defense, then you want to raise this and fight it. I think the biggest obstacle is that it is all happening now and the Judge may not see a time line of noncompliance with the landlord and you taking the proper steps along the way. While you may have evidence of the noise and other issues that effect your right to quiet enjoyment, to simply withhold rent, without going through the proper steps, is what may be the issue. The Judge could come back and say that while all this may have happened, you were still living there and you did not pay rent, so they can evict and the remedies which you could have used and exercised needed to be done previously, not right now, after being served. If you can settle with them and pay this off, then it can stop the eviction but you should then vacate, so you do not have to deal with this and can do it at your own pace.

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 2 years ago

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 2 years ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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