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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 42869
Experience:  Texas Attorney for 30 years dealing in real estate
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I am going to try to make this short. My brother (

Customer Question

Hi- I am going to try to make this short.
My brother ( Jonathan) lives in Williamsport, PA. He rents an apartment there from a landlord, not a company. The landlord allowed him to move in paying the first months rent only, contingent upon Jonathan paying a portion of the security deposit with his rent every month.
He moved in on January 12th. He paid Jan, Feb, and March. He and his wife were both laid off their jobs, so he has not paid Aprils rent. The landlord sent him the following.
My brother waited until the last second to call me regarding this. I spoke with the Landlord, who claimed that he needed $1,000 tomorrow (Monday) and for me to overnight him a cashiers check. Banks are not open on Sunday. So, this is not possible.
He stated that if he doesn't have the money that the eviction process with happen within days. Is this true? My brother has a three-year-old and a five-year-old. He also stated that Jonathan doesn't need to show up to court tomorrow if he gets the $1,000 from me. ( This seems very odd to me)
To be honest, it sounds like this guy has no idea what he is talking about. I do not see how if you are late one month that they can kick you out within a couple of days when you have kids. However, I am not an attorney, and I live in Orlando, FL. I am not even sure Williamsport, PA can be located on a map.
Is there anything in these papers or lease that stands out to you?
I do not want to play the sympathy card here, but we lost both our parents ( you can verify with our last name) We are in our twenties. We have absolutely no family!
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
Here is the attached.
Expert:  Ray replied 1 year ago.
Hi and welcome to JA. Ray here to help you today. Your brother needs to appear in court tomorrow.He would need to have the funds and appear to avoid eviction.If you can help him get cash advance on credit card and get the cash he can take it with him to court.Otherwise he is a month late and they can evict him here since they have filed suit and served him with the date. He absolutely should go here and try to avoid eviction if he can come up with the cash.I wish I could tell you otherwise but this is an eviction suit for nonpayment of April's rent and we are no into May.He is very much at risk of being evicted here and he really doesn't need that on his credit if he can avoid it. He needs to go here, ask for more time, try to pay whats due if he can to avoid a default eviction.This is best chance to save his place. I appreciate the chance to help you today.Thanks again and I wish him the best. If you can positive rate when we are done it is always much appreciated.
Customer: replied 1 year ago.
So he got the notice on April 20th, and they can evict him that fast? He has kids!
Customer: replied 1 year ago.
I thought if you signed a 1 year lease agreement you have like 30 days.
Expert:  Ray replied 1 year ago.
No here it is for nonpayment of rent and they can send you a shorter notice and file suit.And it is possible he is later than he wants to admit here.He really is two months behind here this week if it was due on the first.If he can come up with the money he can avoid eviction.Maybe cash advance on a credit card as a last resort. He would have longer notice rights but its for failure to pay rent and they can file quicker.I am so sorry here I hope he can go and try yo resolve it.I wish him and family the best.
Expert:  Ray replied 1 year ago.
It is in his interest to appear and try to resolve it.If he has some of it they may at least work with him..But he needs to attend. Thanks again.