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I currently reside in Indianapolisds, IN, I fell behind on…

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Hello my name is*****...

Hello my name is***** and I currently reside in Indianapolisds, IN, I fell behind on my rent in August and went to court August 30 to pay the full amount of $1019 by 9/8/17, and due to September being here I owe $899 for September, I have the $1019 but they refused to accept it until they receive the rest and explained to my landlord that I will have the $899 next Friday 9/22/17 but they said that they are only giving me until this Friday 9/15/17 to make the full payment or Monday 9/18/17 they will have the sheriff come and put me and my children out on the street, my questions is can they do this?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Indiana

Lawyer's Assistant: Has any paperwork been filed?

Yes we went to court August 30th for August rent in the amount of $1019, and the judge granted the landlord possession of the apartment, but when I tried to pay that amount last week they refused to take it until I have Septembers as well

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, I was not given any 30 day notices

Submitted: 9 months ago.Category: Real Estate Law
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Answered in 6 minutes by:
9/12/2017
Real Estate Lawyer: Barrister, Lawyer replied 9 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,100
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

If you have actually been to court and had a judgment issued against you for eviction, then you have limited options.

.

Legally the landlord doesn't have to accept any rent after getting a judgment and can continue on with getting a writ of possession and have the sheriff execute the writ and forcibly evict you from the premises. This is the case even with children and even if you have no other place to go..

.

So if they are planning on evicting on the 18th, legally they can do so and it would be up to you to try and convince them to hold off for just a few more days for you to get the full amount..

.

As an aside, in addition to being an attorney, I have also been a landlord for over 26 years and if I had a tenant that just needed 4 more days to get the full amount to stay, I would just wait as that 4 days isn't going to make much of a difference to the landlord.

.

So you need to stress to the landlord that you are just asking for 4 extra days to get that next paycheck to pay everything. The smell of money may convince him to give you that extension..

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Barrister, Lawyer replied 9 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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