I am in NY state (buffalo area), my husband got into some trouble, I took the rent money for 2 mnths and gave it as a retainer to the lawyer that kept him out of jail (these are old charges) -- I owe 2224.11, I have about 1000.00 that i can give them tomorrow, but the rest has to wait 2 weeks until i get paid again -- court is scheduled for monday @ 8am, they just left the notice on our door this morning. If I pay them (it's through a corporation) what I have, can they still kick me out and do I still have to go to court?
2007-06-14 08:33:50 · 3 answers · asked by Bakes 2 in Business & Finance ➔ Renting & Real Estate
what's a judgement?
2007-06-14 08:40:52 · update #1
Court doesn't get scheduled overnight, so you had some notice on this. They probably won't accept any partial payment now because if they do they have to reserve you eviction paperwork. It sounds like they just want to proceed legally and get their judgement and get you out. Save your $1000 to move with because once it goes to court the sheriff will be showing up to kick you out and they will change the locks. You will still owe them the money and late fees and court costs and any damage you caused to the unit.
For future reference--most landlords will work with you if you notify them in advance that you will not be able to pay. If you write a payment plan and notify them, most landlords will work with you and allow you to make partial payments until you catch up. When they have to chase you and you don't respond and they have to serve you and track you down, they really aren't in a negotiating mood.
2007-06-14 08:40:55 · answer #1 · answered by Anonymous · 1⤊ 0⤋
They can evict you since you are two months past due. I would call the rental office and see if partial payment would be sufficient for them to cancel the eviction. If you have been late in the past this would also appear in their files.
They really don't want to evict you because it involves attorney fees, time and the clean-up and marketing of your home. Otherwise, you are going to need the money to move and go to court.
2007-06-14 08:44:15 · answer #2 · answered by Ginger 6 · 0⤊ 0⤋
Yes, they can evict you, since you violated the terms of your lease agreement with the ownership. Even if you pay in FULL, they can still evict you, should they choose. Once you violate the terms of the lease, you are subject to eviction. If you do not appear in court, you will have a judgment lodged against yourself, simply based upon failure to appear.
2007-06-14 08:37:47 · answer #3 · answered by acermill 7 · 0⤊ 0⤋