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lyndrixx · May 26, 2008, 01:31 PM

Hi, I have received a notice from the Sheriff's department instructing me to be in court for eviction proceedings. I spoke to my landlord at the begging of the month to let them know I would be late with my rent. They told me as long as I paid the rent with late fees I would be fine.

I called Friday to let them know I have the money with late fees and was informed by the assistant manager of the apartment complex that he would not accept it and would need this months rent with late fees as well as next months rent all up front.

I told him I wouldn't have that amount till the 7th of next month. He said he would work with me and that I didn't need to go to court tomorrow as long as I kept in touch with him and the lines of communications were open. He said tomorrow he would be getting a lien on my stuff in my apartment.

So my question is, should I go to court and tell the judge what has happened and inform the judge that I have the amount requested on the papers served to me and can pay it, or should I take my chances and work with this person who could change his mind again?

Any help would be greatly appreciated. If I were by myself, it would be no problem, but I have a wife and 9 year old little girl.

Thanks,
Mike

Fr_Chuck · May 26, 2008, 01:34 PM

GO TO COURT, have the money with you to pay at court. Often they will file the eviction paper work, to be sure you will pay as promised, so they can evict in case you do't. If they waited till end of the month to even start to file, they would be stuck with a non paying tenant if you did not do what you said.

twinkiedooter · May 26, 2008, 02:44 PM

Definitely show up in court. There have been too many instances where someone in the office dropped the ball and an actual eviction was granted.

LisaB4657 · May 26, 2008, 05:12 PM

Absolutely show up in court. If your rent is due on the first of the month then they are not entitled to June rent yet. As long as you show up in court tomorrow with all of the back rent plus late fees then they cannot evict you.

Also, when you're in court tomorrow, make sure you ask the judge about this business of a lien on all of your stuff. I believe that is illegal in most locations now so make sure you ask the judge if they would have gotten a lien on your property.