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

    Jun 2, 2007, 07:48 PM
    Landlord abuse
    I had a lady to rent me a condo in greensboro North Carolina. Wheni moved in the apartment wasn't properly renovated for any one to move in. I allowed it because she promised she would fix anything wrong. But, never did so I wouldn't pay all my rent until she fixed the problems. Then she goes and have an eviciton put on me and I asked her what this was about. Then she tells me don't worry about it she forgot she had to fix the problems in my apartment. So I ignored the court date because she gave me her word again. Then today I find out the sheriff coming to put me out Wednesday!! Now how can she do this then I don't even have a lease agreement she never bought it to me like she was suppose to. What can I do to stop this I have the money but nothing is fixed still today
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #2

    Jun 3, 2007, 07:12 AM
    You have to go to the courthouse and file a motion to vacate the default judgment and stay the eviction. You have to do it first thing Monday morning. When you get a new court date you have to tell the judge everything that has happened, including that she told you "don't worry" about the court date. Also bring pictures showing the things that need repairs.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Jun 3, 2007, 07:13 AM
    Hello carolina:

    You've both violated the landlord tenant laws so much it's hard to tell who did what to who first.

    Legally, you can stop the eviction by paying the rent - ALL OF IT. However, if it was me, I'd just leave. Who would want to rent from her??

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jun 3, 2007, 08:16 AM
    Ok,

    1. you can't stop paying rent because she does not fix things, you can file a law suit and have the money put into an escrow account to be given to the landlord once the problem is fixed or once the court rules on it.

    2. the landlord lied to you, to trick you not to show up.
    If you are ever served legal notice you never listen to the other side, because they lie to win,

    3. you may get a new hearing on this, which will buy you some time, but if you don't pay the rent you are behind, you will most likely still be kicked out. If things in the apartment makes it non livable you can file a counter suit to order these things fixed ( but you did not say what these things are, they may not be things they have to fix?? )

    4. you may be able to counter sue for any damages if you have good proof that the things not fixed made the apartment non liveable.

    I will assume when you did not pay rent, you saved the money back that you should have been paying, so one way to not get evicted is to pay the rents owed to the court plus fees. Then you can sue for the things to be repaired.

    *** BUT no no no, you can not just stop paying rent without putting that money into escrow and serving the landlord notice of that.

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