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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37845
Experience:  16 years real estate, Realtor. Landlord 26 years
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I was served a eviction notice in June for subleasing my

Customer Question

I was served a eviction notice in June for subleasing my condo inwhitch I was not so I moved out one July 1st! A notice was taped to my door that the group of people that were handling the property within the city had changed! I went by today to check my mail for the last time and now I am being told I have abandoned the property and my lease! What are my rights after spending a fortune to move! Help I am so lost and upset that I moved out of my home to find that they obviously have no records on file of a evection!
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Was this notice from the court, or just from the landlord telling you to move?

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Why did you move out if you were doing nothing wrong?

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Is there some reason why you didn't challenge their accusations?

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thanks

Barrister

Customer: replied 1 year ago.
I believe the eviction was just from the landlord whitch the property is owned by the city the lady in charge of the rentals for the city along with two police officers served me! I was going through a Workmans comp case at the time & had been out of work for almost a year! My parents were helping financially to keep me on my feet along with keeping the roof over my 12year old daughter & my heads! They were coming to a point where they were not going to be able to help me much longer so my dad advised me not to fight it and move!
Expert:  Barrister replied 1 year ago.

Ok, from a purely legal perspective, a notice to vacate is not a legal eviction. It is just a notice that says "if you don't move out, we will evict through the courts". So you weren't legally evicted. You were basically just threatened with eviction if you didn't move.

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With that said, if you did vacate and didn't complete the lease terms, then legally you did abandon the lease, but your defense to any claims by the landlord would be that you were complying with their demand that you move. So they can't say that you abandoned the lease when you were simply doing what they asked you to do.

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So if they tried to sue you for any rent after you vacated, you can defend on those grounds. You would still owe any rent up until the point that you moved out and they could pursue you for that though.

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thanks

Barrister

Customer: replied 1 year ago.
Can you please call me?(###) ###-####
Expert:  Barrister replied 1 year ago.

I am sorry but I do not participate in the phone call program for the site and limit my interaction with customers only to the website. I like to have time to think about a customer’s question and research it so I can provide the best answer possible.

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However, if you wish to have a phone call with an attorney, you can post a request for "additional services" and your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

Customer: replied 1 year ago.
How do I find out if they have filed the papers with the court?
Expert:  Barrister replied 1 year ago.

Sorry for the delay, had to step out of my office for a bit..

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How do I find out if they have filed the papers with the court?

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You just call the local court clerk and ask them if an eviction case or a civil case was ever filed with you being a defendant. They can look your name up on their computer to see if a case was ever filed.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks

Barrister