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    autumnluv83's Avatar
    autumnluv83 Posts: 1, Reputation: 1
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    #1

    Oct 18, 2006, 01:02 AM
    Being evicted
    I have been a tenant for about 6 years. The first year was with a contract and the rest was a month to month basis. The landlord, after six years, wants to evict me. He sent a written paper giving me a two months notice. I told him that I would leave, but I would need some time. I told him that I would be out by the end of the second month of notice. I sent my friend to then tenant on the end of the 1st month of the notice to pay the rent. He did not accept it. I took it as him wanting me to leave therefore on the end of the second month I didn't give him the rent assuming that he would reject it. Almost a month later I left I received a letter from the small claims court stating that I didn't pay rent. If I have to, I will pay for the last month but do I have to pay for the rent which he rejected as well? Another thing, I didn't even receive my security deposit. I don't know what to do exactly.
    RickJ's Avatar
    RickJ Posts: 7,762, Reputation: 864
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    #2

    Oct 18, 2006, 03:59 AM
    Go to court and take his original 2 month notice - and explain that he refused the rent after that... and you should win no problem.
    talaniman's Avatar
    talaniman Posts: 54,327, Reputation: 10855
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    #3

    Oct 18, 2006, 04:06 AM
    Take your witness with you to court and counter sue for the security deposit, assuming you didn't trash the place.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Oct 18, 2006, 07:52 AM
    Seems you played into the landlord's hands. An eviction occurs when a tenant breaks the lease. You didn't do that until you didn't pay rent. However, being a month to month lease, he can terminate the lease as long as he gives you sufficient notice.

    Its not clear whether you have moved yet or not. Also its not clear whether the letter you received was a summons to small claims court or a notice of judgement.

    Please provide more info.
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