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Ask AttyHeather Your Own Question
AttyHeather, Lawyer
Category: Real Estate Law
Satisfied Customers: 677
Experience:  Attorney with 15 years experience
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Delay Eviction Date

Customer Question

Delay Eviction Date
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  AttyHeather replied 1 year ago.

Hi, I'm Heather, an attorney with 15 years experience. I see that you typed "Delay Eviction Date." Can you please clarify exactly what your question is? Are you trying to get a continuance for a hearing, or put off the writ of restitution? Do you have a certain reason why you are attempting to delay?

Customer: replied 1 year ago.
We were given verbal notice notice near the first of July to be out by Aug 15th. Both my Husband and I have injuries we are dealing with, making moving difficult. My Husbands back injury is a result of something the landlord failed to take of. My hand injury not only affects my work but also packing and cleaning and all other moving activities. We are current on the rent. Although the landlord has been accepting a mo rent half at beginning of the month and half later, as soon as I can get it. He also charges an $300.00 late fee that we have always paid. Is there any we can delay the date we have to be out by a few weeks? We have yet to find a new place to move too. We've been working on the packing to this point.
Expert:  AttyHeather replied 1 year ago.

If you were only given verbal notice, then, yes, you can delay. But you might be liable to pay more money. After the 15th passes and you are not out, the landlord can file an eviction case in the court. That will cost him money, which will be charged to you in the end. He will have you served with papers demanding a judgment for your eviction. Service of those papers will cost him, and that cost will also be assessed eventually against you. If he has to hire an attorney, same thing. It'll take the landlord normally a couple of weeks at a minimum to get the eviction done from start to finish, before the sheriff will actually remove you, which is the date you can no longer delay.

Expert:  AttyHeather replied 1 year ago.

Let me know if you have follow up questions. Otherwise, kindly provide a positive rating for my assistance.