I am in a apartment, the town came and told me it was illegal, now I have to move, I owed him decembers rent at this time and have not problem paying him, but he wants rent for januruay and the town came the 3rd week in December, does he have the right to do this

He has the right to expect his rent for all the time you are living there, So yes you SHOULD pay, but since it is illegal, I do not believe he could win if he sues you for the money.

When you are moving ?

I do not have a problem with paying not at all never have, we talked about the payments for december, i am not sure with january, i was told that i have six months to save my money and leave, i just wanted to know why he would ask me for janurarys rent now when i am in january and we have to move. No date has been set yet i go to court on thursday, he is telling me not to tell the judge this is illegal because the judge we are going to is not the judge for that, this is crazy and he obviously thinks i am stupid, unless he is right and i am not familiar, do you know the process

First please don't type in all caps. Who told you; "I WAS TOLD THAT I HAVE SIX MONTHS TO SAVE MY MONEY AND LEAVE." What are you going to court for? If it is for eviction for non payment of rental, then you certainly do tell the court that you didn't pay January because the apartment is illegal.

The landlord did, as he has gone through this before, I am going for no payment for December and January, it looks to me like this man is going to get away with getting paid for Janurury, and I am going to start looking next month, it seems to me that the tenants do not have rights in situations like this and this is very sad. My family and I are out for letting the town in the door doing the right thing and the one that makes out is the one that is breaking the law, I am going to pay him for December and January and lump the whole thing this is crazy, sorry for writing in caps

Since if he sues and will not receive, how is it that he is taking me, he is getting away with it

The landlord told you not to pay? Do you have any proof of that? Even if you don't the court is going to ask you why you didn't pay. I assume you have the money to pay January.

So you tell the court that you did not pay because the town told you the apartment was illegal and the landlord told you not to pay. Tell the court that you are prepared to pay January if the court rules. And that you are looking for a new place to live.

I think you will find the courts rule in your favor.

I'm not sure what your other response (#6) means.

You know I wrote him a letter stating on how I would pay for December, fine, we did not discuss January, because I do not believe I should pay January since the town came the 3 week in December, the landlord told me that the courts will give me six month to a year to leave because of the apartment being illegal, because he has been through this before, do not get me wrong I do not have a problem paying anything that I owe to anyone and this landlord knows that, he just did this because he was served and was mad because I signed the paper that I lived there. Which he told me to my face

I'm still not clear on what the landlord is doing. Did he serve you with a pay or quit notice? Did he file for an eviction order? Is that what the hearing is for (you never really explained that).

He brought the papers to my house, it says only that I owe him for Dec. and Jan. there is nothing on this saying anything about eviction, he verbally told me what I said to you, it just seems to me that he is trying to get this money before anything happens, which he would have gotten anyway. So where do I stand

The Courts will not allow him to enrich himself over an illegal contract. A rental agreement is a contract; the apartment is illegal. He can sue you for rent but he cannot collect IF what you have told us is correct.

What I told you is 100% correct, I will be in court on Thursday, I have no reason to lie it, it accomplishes nothing

Thanks to you all, you have made me feel better

Thanks

And GOD BLESS

Good - let us know how things turn out. Do you have PROOF that the apartment is illegal? If so, take it with you. Don't assume that if one Department knows, the Court knows.

I asked the town for something and they would not give me anything, but they did tell me he was served

I will let you guys know when I get out of court on Thursday, thanks for everything

You go to court, you say it is illegal, he says it is legal, you will have to prove it is not, evidence, so get something to prove your case if you want to win

Quote:

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Originally Posted by barbara1234

he brought the papers to my house, it says only that i owe him for Dec. and Jan. there is nothing on this saying anything about eviction, he verbally told me what i said to you, it just seems to me that he is trying to get this money before anything happens, which he would have gotten anyway. so where do i stand

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Something doesn't make sense here. The only way there should be a court hearing is if ih obtained an eviction order. To get an eviction order he would have had to first serve you with a pay or quit notice.

Did you check with the court to see if this hearing is real? If it is, then you ask the court to dismiss based on his not following proper procedure.

Please check with the court or read the papers and tell us exactly what it says. Also please let us know your general locale.

P.S. Judy wasn't questioning your truthfulness, too often people tell us things out of misunderstandings. So she was just qualifying her response.