jahillia Posted October 4, 2010 Report Share Posted October 4, 2010 OK, so our lease is up and landlord wanted us out so he can redo the house and up the lease by another $200 bucks. Which I'm ok with. I knew the "eviction" notice was coming as we haven't seen eye to eye on several issues. Got the notice date for Sept 15, 2010 giving us 30 days or a detainer warrant will be issued after the 30 days are up. At that point, which I will confess I hadn't paid rent for Sept yet, he turns around and files a detainer warrant on the 21st. I don't mind paying him the $$ I owe him and had every intention of settling the debt once we were out and the deposit had been credited. Is there laws that prevent him from filing the warrant/judgement before the 30 days are up. The court date is October 12th. 3 days before we are to be out. Do I have recourse? I don't need this on my credit. Link to comment Share on other sites More sharing options...
WhoCares1000 Posted October 5, 2010 Report Share Posted October 5, 2010 I would suggest paying September's rent but realize that will include any legal fees up to this point. Simply put, a landlord can obtain an unlawful detainer simply for unpaid rent and nothing more. Even if you are in a fight, you should have paid the rent for September and October and dealt with the security deposit separately.Now that you are here, I would suggest paying the rent, late fees as warranted by the lease, and any legal fees. Also, make sure to take pictures of the apartment before leaving as you can be sure that the landlord will keep your security deposit and force you to go to court to get it.Also, since this is a court record, it is highly likely this will end up on your credit report. The reality is, this is your fault for not paying the rent. I know you do not trust the landlord but this was not the way to go about it. Link to comment Share on other sites More sharing options...
Recommended Posts