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We filed for an eviction this month right after the 3 day notice period was passed.
Our grace period is very short and that is how we already are close to getting possession. In Saturdays mail was the final judgment signed by the judge and now it is waiting for the writ of possessionfrom the sheriff.
The tenant did respond to the eviction summons and complaint by stating she will pay once she gets a job and once she has money.
Today the tenant called to ask if she could finish this month since she had paid first, last and security deposit and she felt that this could be seen as her last month rent and she requested her security deposit back...
Some tenants are really funny and don't expect that we can evict them faster than they can use their last month rent ...
Tenant didn't respond until served with papers. She could have contacted the LL when the 3-day notice was posted. I wouldn't accept her offer. I doubt this was the first time she was late.
I think she is just trying to avoid having an eviction on her record.
Why won't you let her use the last month's rent? Or prorate it and refund her the extra? You can't just keep it as free money.
Except that if the eviction is for lack of payment (which it sounds like it is), then the last month's rent was *already* used on a previous non-payment... and likely so will the security deposit.
Except that if the eviction is for lack of payment (which it sounds like it is), then the last month's rent was *already* used on a previous non-payment... and likely so will the security deposit.
Sorry you're going through this, bentlebee.
I thought it was September's rent she hasn't paid. So the last month's rent will be applied to September, and if she leaves by the end of September she won't owe anything other than for breaking the lease, which I assume the security deposit will cover.
Why won't you let her use the last month's rent? Or prorate it and refund her the extra? You can't just keep it as free money.
Maybe they should drop the eviction and just sit quietly in the corner waiting for her pay up?
The tenant was given a PAY or quit notice...you never wait until you get a notice..you communicate the second you know you won't be paying on time. It's called being responsible.
Maybe they should drop the eviction and just sit quietly in the corner waiting for her pay up?
The tenant was given a PAY or quit notice...you never wait until you get a notice..you communicate the second you know you won't be paying on time. It's called being responsible.
And you know what they say about assuming....
We posted the 3 day notice and emailed it to her prior to posting it to try to communicate and save them the embarrisement of having it posted for every one to see, but no reply.
Not even one reply after the 3 days were over and we had send more emails to ask them to talk to us or we would file for an eviction.
The day we were going to file she called and stated she had a job interview a few days prior to that and knew she would get the job and able to pay a few days later and if we would grant her these days.
I informed her we would file the eviciton but by law she had a chance to pay the money into the court register and that way the eviction would be prevented and closed.
Her reply to the filing in writing to the judge was that she didn't have a job and was trying and has 3 kids and that it would not be fair to be in the street and therefore the judge should not grant the eviction. She was willing to pay but didn't know when....
The judge answer was a final judgment!
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