How do i get out of my already started eviciton?

Question

i live in my apartments and took a pay cut. i got served my 3 day pay or quit. so i went to the apartment place to pay my rent and put in my 30 day notice but they said i already am in the eviction process, and now they want me to pay almost $3,000.00 in fees. if they already started the process how can i make sure that they dont process if i pay all the fees? even the fees to stop the eviction? help. im i better off leaving the place in good condition or paying?

I WOULD LIKE TO THANK ALL OF YOU FOR ALL YOUR HELP. I CALLED THE APARTMENT COMPLEX AND EXPLAINED MY SITUATION TO THE MANAGER/OWNER. HE THANKED ME FOR CALLING AND TOLD ME TO GET OUT ASAP. HAND HIM THE KEYS AND GATE CLICKER AND BE OUT AS SOON AS I CAN. TO HOLD ON TO THE MONEY I HAVE AND THEY WILL STOP THE EVICTION. AND HE WOULD HELP ME MAKE PAYMENT ARRANGEMENTS FOR THE ATTORNEY FEES., AND THAT THEY WOULD TAKE MY RENT OUT OF MY DEPOSIT. I AM SO GRATEFUL, ALL OF THIS WAS STRESSING ME OUT!! :0)

Answer 1

Don't pay for any reason. They are on record for refusing. If you were not served an unlawful detainer paper just move and forget it. They cannot serve you if you are not there. They cannot charge you a penny win or lose. If you move its over but you have to leave before they serve the paper to you. Leave all of your keys in their mail slot after hours.

Answer 2

A 3 day notice is to pay or quit, as in, give up the tenancy. It is the start of the legal eviction process, but them refusing your rent (with a late fee, most likely) is ridiculous. No smart landlord would want to go all the way through an eviction if they can avoid it because it costs them money and in the meantime they have a non-paying tenant occupying a unit for 60 or 90 days and that is money they will never recoup.

I managed property for 8 years and I worked for a "shark" but even working for a greed-bag, he never would go through an eviction unless absolutely necessary. It sounds like whoever is managing that property is an idiot with no business sense. Contact the rent board in your city and tell them what is going on. They cannot refuse your money at that early stage. They can take it and turn around and serve you a 30 day notice to vacate, but it sounds like you want to do that anyway. I think you need a real estate attorney because you don't want an eviction on your record, and it sounds like you are trying to do the right thing the right way and they are playing hardball and basically breaking the law.

Answer 3

If the sole reason for the eviction is non-payment of rent, you can cure that by paying your rent. A 3-day notice to "pay or quit" is just that -- pay up or get out.

As to fees, that's up to state law, but unless your rent is WAY up there, $3,000 is well over the top. A reasonable late fee is appropriate and it should be spelled out in your lease. If they've actually filed the eviction action in court, the court filing fees would be reasonable as well, but that's nowhere near 3 grand.

If you've been late before, they may be evicting you for repeated failure to pay your rent on time. In that case, you're best shot is with the judge. Be sure to answer the eviction suit! Merely showing up on the day is NOT sufficient; you must file your answer with the court in order to be heard. The Clerk of Court can help you with that if you can't afford an attorney.

Answer 4

in my situation, the manager refused to take my payment with the 10% late charge and told me suit was already filed, so i thought i'd just wait till i hear from court, then manager approached me on that very same day stating "since i offered the payment after suit was filed, i have to pay $435.00 plus the payment you earlier offered". of course i didnt agree with that deal, id rather do this in court since his intention is malicious to begin with, and i was planning to tell the owner of his behaviour, not only towards me but with other tenants. so, im still in the battle till now... will give you update.

Answer 5

pay your bills