by druidabruxux

Question by chester: My landlord lied and we’re getting evicted. Is there anything I can do?
We were behind about a month & a 1/2 on rent and were served papers to goto court for possible eviction. Well we were able to pay “almost” all of what we owed before the court date. Our landlord said that’s great and not to worry about bothering with court, that he’d take care of it. My husband trusted him even though I warned him not to, and didn’t show up to court. (I would have gone myself, but I just got out of the hospital after having surgery). The day after court we got a notice saying that we did not appear in court and we are in default. The order says “The Writ of recovery of Premises and order to vacate shall be issued immediately upon request and payment of fee, & allowable costs & disbursements to the prevailing party. So it sounds like he did indeed screw us over. I spoke with the landlord and he said if we can’t come up with ALL of Decembers rent by Dec. 5th,(which we can’t) then we are out. I realize we made a huge mistake by not appearing in court, but is there anything left to do from here? Also, when we first moved in here, we were asked to pay the last months rent(but didn’t have it) so we made an arrangement to pay 50.00 each month towards the last months rent. Well december is when the “last months rent” would’ve been paid up. So we are short 100.00 of the last months rent being paid in full. My other question is if we finish paying Novembers rent, and the last 100.00 of the last months rent, then we’d actually be paid up through december, and able to live here untill the end of december, is that correct? Please anyone with knowledge on this let me know our options, if any. Thank you.
Thanks for your informative answers. Hmmm, to the real estate guys answer-We have always been on time with rent, up untill the last couple months. But because we’re 0.00 short on rent, is that an ok reason to send a family with young children out of their home during the holidays? Is it ok to lie to us and tell us we don’t need to come to court, and act like he’s looking out for our best interests? Legally yes, but that’s about it. By the way, good luck selling those houses.

Best answer:

Answer by Landlord
No, you are incorrect.

You have already been evicted. The sheriff will honor the writ and move you out of the property if you are still there.

It really would have ended the same if you had gone to court. You have not paid the rent and you are still refusing to pay in full, the judge will award the eviction.

Now you owe the back rent still, all of the costs of the eviction and have to leave. That is what the judge has ordered. There is no appeal.

Your only options are to leave on your own by the due date or with the sheriff hauling you out. You will be arrested for trespassing if you refuse to leave with teh sheriff or return.

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