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My boyfriend and I are being evicted from our apartment by the landlord. We did not pay rent for the month of January because we had an inspector here and it is an illegal apartment, he told us not to pay rent and that we could stay longer if needed till evicted. We used our security to pay for the month of december, and we havent found a place to go to yet anyways.
She is suing for rent of December and January. We have receipts and such that we had to force her to give us, as well as an agreement that we would use security for the month of december..so shes just trying to get more money.
Anyways, she is evicting us from an illegal apartment. What I am asking is how does this work? Will we have eviction on our records the day we attend court? Or do they give us a date to vacate before this happens? I really dont want 'eviction' to show up on my record, especially since this apartment was illegal and all the problems she gave us it would just make things harder.
Will you get evicted? Yes.
Can your landlord get in trouble with the town for renting an illegal apt? Yes.
Will you have to pay further rent? Probably not.
These are the facts, but it seems to me that the situation that you created is worse than it needed to be. Instead of forcing the issue by calling in an inspector to force the issue, would it not have been better to see if the LL would have take a partial and late payment? Why is the first reaction to find out how to work the system?
My boyfriend and I are being evicted from our apartment by the landlord. We did not pay rent for the month of January because we had an inspector here and it is an illegal apartment, he told us not to pay rent and that we could stay longer if needed till evicted. We used our security to pay for the month of december, and we havent found a place to go to yet anyways.
She is suing for rent of December and January. We have receipts and such that we had to force her to give us, as well as an agreement that we would use security for the month of december..so shes just trying to get more money.
Anyways, she is evicting us from an illegal apartment. What I am asking is how does this work? Will we have eviction on our records the day we attend court? Or do they give us a date to vacate before this happens? I really dont want 'eviction' to show up on my record, especially since this apartment was illegal and all the problems she gave us it would just make things harder.
thanks for your help.
That is horrible advice by the inspector. He is a town inspector, not a lawyer. Legal or not, you should ALWAYS pay your rent. And yes you can get slapped with an eviction.
The legality of the apartment only affects the landlord and he can get fined bigtime for it. But you still have a legally binding lease and he can most definitely sue you for it.
My boyfriend and I are being evicted from our apartment by the landlord. We did not pay rent for the month of January because we had an inspector here and it is an illegal apartment, he told us not to pay rent and that we could stay longer if needed till evicted. We used our security to pay for the month of december, and we havent found a place to go to yet anyways.
She is suing for rent of December and January. We have receipts and such that we had to force her to give us, as well as an agreement that we would use security for the month of december..so shes just trying to get more money.
Anyways, she is evicting us from an illegal apartment. What I am asking is how does this work? Will we have eviction on our records the day we attend court? Or do they give us a date to vacate before this happens? I really dont want 'eviction' to show up on my record, especially since this apartment was illegal and all the problems she gave us it would just make things harder.
thanks for your help.
Why did you call an inspector? As said, if you couldn't pay rent, your first reaction should have been to try to negotiate with the landlord, not try to get them into trouble.
The inspector either gave you horrible advice, or you misunderstood the advice that he gave you. It does not matter if it is a legal apartment or not. You have an obligation to pay rent. If you do not, the natural consequence, as you've seen, is that the landlord initiates an eviction proceeding against you and your boyfriend. The consequence of which is that if you do not resolve the matter via settlement, your landlord will be granted a judgment of possession and a warrant of eviction with a money judgment from the court, entitling her to have the sheriff remove you from the premises, and enter a money judgment against both you and your boyfriend.
If you simply cannot afford this apartment anymore, do your best to find another apartment (within the next week or two), and on your first court appearance, try to negotiate with the landlord's attorney, that you will agree to vacate the premises within the next 2 weeks, in exchange for waiving a money judgment.
Why did you call an inspector? As said, if you couldn't pay rent, your first reaction should have been to try to negotiate with the landlord, not try to get them into trouble.
The inspector either gave you horrible advice, or you misunderstood the advice that he gave you. It does not matter if it is a legal apartment or not. You have an obligation to pay rent. If you do not, the natural consequence, as you've seen, is that the landlord initiates an eviction proceeding against you and your boyfriend. The consequence of which is that if you do not resolve the matter via settlement, your landlord will be granted a judgment of possession and a warrant of eviction with a money judgment from the court, entitling her to have the sheriff remove you from the premises, and enter a money judgment against both you and your boyfriend.
If you simply cannot afford this apartment anymore, do your best to find another apartment (within the next week or two), and on your first court appearance, try to negotiate with the landlord's attorney, that you will agree to vacate the premises within the next 2 weeks, in exchange for waiving a money judgment.
Good luck.
First of all, this thread is a YEAR OLD. The OP is long gone from that apartment.
Why do you have "law" in your screenname? Does that mean you think you know something about law? Well sorry to disappoint you on this one.
The following is paraphrased from a post on this subject by another CD poster:
AN ILLEGAL CONTRACT CANNOT BE ENFORCED. If the apartment is ILLEGAL, ANY lease, rental agreement, etc., is also deemed ILLEGAL since the landlord had no right to rent it in the first place.
According to your logic, I could sign a contract to sell someone a stolen car or anything else and they would still have to pay even though it's an illegal transaction.
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