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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102145
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I was just notified by the leasing office at our apartment

Customer Question

I was just notified by the leasing office at our apartment complex that a sherriff will be coming soon as today, as late os Monday to evict us. I was told after he comes we will have 24 hours to vacate the apartment. Do we have any recourse regarding paying arrearages or having more time to vacate?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Have you been given a NOTICE TO QUIT? Was there a Court date? Or is this the first you have heard of this at all?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
No. No Notice to Quit or Court Date.
Customer: replied 1 year ago.
There was a Summons on Claim for Possession of Residential Premises and/or Ancillary Relief. on Dec 23. We paid those monies and January's rent. We are late with February.
Expert:  Ely replied 1 year ago.

Ah, okay.

So there was a judgment for eviction.

1) WHEN did you pay the money - before or after the 23rd's date of judgment?

2) Have you filed for an appeal?

Customer: replied 1 year ago.
After. No. No appeal filed.
Expert:  Ely replied 1 year ago.

Thank you.

What happened is that there was a judgment for eviction. At this point, the landlord no longer had to accept the money. They can evict. if you do not leave, then they can file a Writ to get the constable to come out to evict you. the tenancy has ended.

You paid money but after the eviction. You never filed any appeal and simply paid the money, It can be argued that the landlord took the rent and thus established a month to month tenancy, perhaps. However the landlord is going to argue that the money was for missed rent and legal fees.

Someone in your situation wants to file a Motion to Stay to pause the eviction, and perhaps appeal the matter or at least get clarification in the court as to the situation.

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I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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