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I was served a 3 day notice on Sept 11 07' in the amount of 302.00 that was my balance. On Sept 13 I gave a money order in the amout of 303.00 to the office got a reciept and everything. They then put me in evictions. I had to pay an attorney that helps tenants in wrongful evictions win cases $400 just for a month to go buy and 3 days before my court date the attorney for the apartments decides to dismiss the case. That's cool but I actually lost time from work because of this. And all the expenses traveling to see this attorney I now still have to pay for the entire month of October when I had to pay all this money for something I did'nt do. I lost money to my attorney and though I have money for Novenber I am short for October. They knew I paid my balance when they put me into legal. But they still did...putting me though all of this stress for no reason at all...Please some one. What can be done about this.

2007-10-19 12:59:09 · 6 answers · asked by Mr Green Eyez 1 in Business & Finance Renting & Real Estate

6 answers

Nothing. You didnt pay your rent on time, they filed for eviction. Even if you paid up, they were still going to evict you. Maybe you have a habit of being late with the rent. There was no wrongful eviction here in my book.
So if you read your lease (if you have one) then there is probably a section that explains that if the landlord has to file and go to court, YOU are responsible for all court costs and attorney fees. That includes your attorney and his. Even if the landlord changes his mind after he has file, you are still responsible for the attorneys and fees as you are the reason why it happened.
My advise, pay your rent either ahead of time or on time and this wont happen. By the way, if you dont have a lease and are just month to month, he doesnt have to give a reason for an eviction, so there could be NO wrongful eviction suit. If you have a lease, continuously late rent is a reason for eviction, so there could be NO wrongful eviction suit in that case either.
On top of that, you still havent paid October rent yet and its already the middle of the month. I would start looking for another eviction notice to be on your door and somehow I dont think the landlord will change his mind this time.
If you cant afford the apt then find one that you can and move.

2007-10-19 13:11:57 · answer #1 · answered by kimmamarie 5 · 2 0

I live in MI and I know "KIMMAMAR" does too. I was a property manager for 25 years.

If I serve eviction papers, the tenant pays and I accept it, it makes the eviction null and void. You, as the landlord are saying O.K. you can stay by accepting the rent payment. I would imagine that is the reason the apartments or the court dismissed the case.
The landlord cannot accept anything until you go to court. At that time, whoever loses the battle pays all costs.

This is your fault for being late with your rent in the first place. WHY should anyone reimburse you for your expenses?
Pay your rent on time every month and you don't have to worry.

Just between you and me, WHOEVER accepted your money is probably in big doo doo. AND the notice that you were served is not the correct notice to serve either.

2007-10-19 17:51:27 · answer #2 · answered by Anonymous · 0 0

Unfortunately, almost nothing legally. You can contact the apartment management, explain the situation, and see if they will give you a chance to make up the month on payments.

I can't imagine any way that they would forgive the unpaid month. You are upset about the legal bills - but from their point of view, while they may have made a mistake by pressing the eviction after you paid, they cancelled that action, so they did what they were supposed to do.

On the other hand, from what they see they'll be upset that you didn't pay September until forced to do so - and haven't paid October and they probably have to go through the notice - eviction route again.

Your best bet by far is to get some money to get October paid and November paid on time and keep it paid on time in the future. Otherwise you will go through this cycle again and again until you will be evicted.

2007-10-19 13:09:56 · answer #3 · answered by rlloydevans 4 · 3 0

You cannot do a great deal about this. To be blunt, you screwed up. As soon as you were late with your rent payment, you violated the terms of your rental lease with your landlord. You went to an attorney and naively gave this guy $400 to help you with a 'wrongful eviction', and sad to say, you were NOT wrongfully evicted. The landlord has the option of evicting you as soon as you violate lease terms, since you did not honor the terms of the contract as agreed.

You have absolutely ZERO case for any damages here. If you elect to spend further monies on pursuing this in the courts, you will simply lose MORE money. Swallow your loss, and learn from the experience.

2007-10-19 13:41:51 · answer #4 · answered by acermill 7 · 3 0

verify you get a hire with all human beings on it and set rules which you all agree on. additionally in case you desire to sidestep arguments... make the optimum room the "worry-loose" assets and state that that's stored effective constantly (no leaving stuff around) on account that's what travelers will see if anybody ought to pop by potential of. the two save for foodstuff mutually or designate a cut up refrigerator. Borrow issues yet call for that the guy ask. some human beings take earnings of a man or woman who will enable them to maintain taking and taking and that they never pay decrease back or purchase greater. plenty greater..... you will see. no count if that's 3 women individuals - get a place with a minimum of two finished baths. start up off with non extravagant costs like each and all the cable channels, etc... to be sure if all human beings will shop their element of the fees paid. If somebody disses out on basically one invoice you will see how difficult that's to hide for them. in case you will have a pal that often has money issues -undesirable theory - or would be unable to maintain a job.

2016-10-13 05:45:00 · answer #5 · answered by ? 4 · 0 0

maybe that lawyer can use his fee to get you a settlement on what is owed ...

2007-10-19 15:08:11 · answer #6 · answered by emnari 5 · 0 2

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