jack1242
Apr 17, 2009, 10:48 PM
I unfortunately was behind in paying my rent for a period due to surgical complications and subsequent staph infection. Upon discharge I immediately paid all arrears, but landlord still wanted to continue with unlawful detainer action. Prior to hearing I notified my attorney to envoke right of redemption, but the plaintiffs attorney did not show and the case against me was dismissed so redemption was not necessary. Plainftiff subsequently filed motion to vacate and hearing was held 2 week earlier then the date I was notified. Attorney happened to notice and attending hearing in my absence. A trial date was set for later this month. My questions are as follows"
1. Can I still envoke right of redemtion?
I have offered two pay 2 months in advance and provided doctor comfirmation of illness circumstance. But property manager advised that he would be willing to revist after upcoming court date and decision.
2. Can I make anything of plaintiff attorney no show at 1st hearing?
3. All monies were paid in full in addition to current rent. Is there any legal redress that enables me to keep apartment?
4. Although payments were accepted with reservation I have received no notice for any action beyond unlawful detainer. Do I have a leg to stand on? If so, what is it beyond everything being paid in full and current?
5. Should I have received some sort of correspondence from landlord after they accepted my payment, of their intent to proceed with possession?
6. I have offered to pay 2 months in advance and vacate by June 1. Property manager states they have not guarantees from me that will not get behind again and want the unit.
I have never faced or been evicted from a property for any reason... EVER! There are no complaints about me and I have never not paid my rent. I will most likely switch attorneys as the current is a landlord and seems very much to be advocating for management.
Please advise and thank you in advance.
Thank you.
Karen
1. Can I still envoke right of redemtion?
I have offered two pay 2 months in advance and provided doctor comfirmation of illness circumstance. But property manager advised that he would be willing to revist after upcoming court date and decision.
2. Can I make anything of plaintiff attorney no show at 1st hearing?
3. All monies were paid in full in addition to current rent. Is there any legal redress that enables me to keep apartment?
4. Although payments were accepted with reservation I have received no notice for any action beyond unlawful detainer. Do I have a leg to stand on? If so, what is it beyond everything being paid in full and current?
5. Should I have received some sort of correspondence from landlord after they accepted my payment, of their intent to proceed with possession?
6. I have offered to pay 2 months in advance and vacate by June 1. Property manager states they have not guarantees from me that will not get behind again and want the unit.
I have never faced or been evicted from a property for any reason... EVER! There are no complaints about me and I have never not paid my rent. I will most likely switch attorneys as the current is a landlord and seems very much to be advocating for management.
Please advise and thank you in advance.
Thank you.
Karen