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I just got served a Unlawful Detainer - Eviction. What do I do?

I paid a portion of my rent on July first and my agreed to allow me to pay the rest on July 13 (which is today). I called him last night to let him know I was bring to money order in the morning but he didn't asked. And this morning he wouldn't accept the money order gave me te unlawful detained tthat he filed yesterday July 12. Idk why he filed but he did. I've lived here 10 years without a problem. I feel so unappreciated because the first time I'm late he does this. I don't wanna live here anymore. Can I just leave? Do I have to pay? Where do I pay if he wont accept it? I've been praying to move because he doesn't fix anything around here so maybe this was my way out. I wanna leave... help!

4 Answers

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  • 9 years ago
    Favourite answer

    Go to court and tell the judge that you would like to pay the money, and that you attempted to pay him the balance owed on July 13. You must respond in writing within 5 days to the court if you want to fight the eviction. If you don't respond in writing the landlord will automatically win the case by default without a hearing. Go to the court and get the form to contest the eviction. It is very easy to fill out. The landlord is perfectly within his right to refuse your payment if he had served you with a 3 Day Notice To Pay Rent or Quit and the 3 days had expired. The judge that usually hears Unlawful Detainers in my area is always very sympathetic toward tenants and often gives them a lot of latitude.

    Did the landlord serve you with a 3 Day Notice to Pay Rent or Quit before serving you with the Unlawful Detainer? Who served you with the Unlawful Detainer? If he personally served you the Unlawful Detainer or did not give you a 3 Day Notice that would be legal grounds to dismiss the case.

    You could also contest the eviction on the grounds that the landlord doesn't fix the property after you notify him of the problem. You must show that the problem made the premises "uninhabitable".

    Finally, you don't want an eviction on your record. Appear in front of the judge and ask to pay all the money owed, including court costs and you agree to move, but that the case be dismissed against you.

  • 9 years ago

    Obviously you are leaving, you did not pay rent.

    You still owe him that money, plus the costs of the eviction.

  • 9 years ago

    If you are attemopting to pay in full what you owe, then document hsi refusal. Keep the money order ready and bring it to court.

  • Anonymous
    9 years ago

    move

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