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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102584
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I owe only one month rent and received an eviction notice

Customer Question

I owe only one month rent and received an eviction notice indicating the one month rent I owe. however, the rental company is asking me to pay two months plus next month rent to cancel the court appearance. is this lawful? they also told me that I should avoid wasting my time at the court as the judge will only give me 3 days to leave the premises or the sheriff will be coming for me. please help
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.

Yes, it is. At this point, the landlord can choose whether or not to drop the eviction if they had already served 3 days notice prior to filing, and the original amount has not been paid.

If so, then they can ask for extra money to drop the lawsuit. If it is not paid, they can still evict based on the original non-payment.

At court, the Judge will be primarily concerned with two questions:

1) Was a three day notice prior to filing for eviction given? If yes, then

2) Does the landlord accept payment now? If no, then

3) Eviction is granted.

However they are exaggerating when it comes down to 3 days and the sheriff coming to evict. This is done via a Writ, and normally takes about 1-2 weeks at least (if the tenant has not relocated by themselves by that time).

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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!