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AttyHeather, Lawyer
Category: Real Estate Law
Satisfied Customers: 677
Experience:  Attorney with 15 years experience
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I'm getting evicted from my apartment. I have not got any

Customer Question

I'm getting evicted from my apartment. I have not got any court papers yet but my landlord is filing tomorrow. How do I stop the eviction if I want to still live there? Other than paying my rent.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  AttyHeather replied 10 months ago.

Hi! I'm Heather. I've been a practicing attorney for the last 15 years, and I'd be happy to assist you for informational and educational purposes.

Customer: replied 10 months ago.
Ok sounds good
Expert:  AttyHeather replied 10 months ago.

You can't really stop it if you are not paying rent. All you can do is delay it a bit. When you get served with the papers, you will have to file an answer with the court. You will delay it the max time if you file your papers on the last allowed day. Read them and determine what day is the last day you are allowed, and file that day. In your documents, you have to dispute that they are entitled to the eviction and ask for a hearing. If you ask for the hearing and oppose the eviction, then rather than getting it pushed through fast, the landlord will then have to wait until the next date that he can go to court for a hearing. At the hearing, you can give the judge a sob story about how hard it is going to be for you to move out and that you have a baby that is sick, or whatever, and ask the judge to push out the date as long as possible. Then, the judge will order that you get out, because you won't have paid rent, but you will have pushed back the date by several weeks.

Then, on the date that you are supposed to be out, you don't actually have to be out until the sheriff comes to remove you, but make sure that you have all of your stuff out by then, so that you don't lose any of your stuff, because one the sheriff is there, you can't really take anything else with you right then.

Does that make sense?

Customer: replied 10 months ago.
Yeah but let's say if I come up with all the rent i owe and pay it. Can I still live in my apartment?
Expert:  AttyHeather replied 10 months ago.

Even if you come up with the rent, since you are in breach, the landlord is not obligated to take it if he doesn't want to. Furthermore, by this point, your landlord has more into it than just rent - attorney fees, court costs, costs of service. So just paying the rent doesn't make him whole.

Customer: replied 10 months ago.
Ok but if I came up with a payment plan from my landlord before I went to a hearing can I still live in my apartment?
Expert:  AttyHeather replied 10 months ago.

If your landlord okays it, then yes. It would be best to get that in writing, because without it in writing, your landlord can keep the eviction going forward.

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