---

Posted by Mark Smith on July 22, 1999 at 10:47:20:

In Reply to: Re: are you being sued for eviction? posted by Anna on July 21, 1999 at 22:05:31:

: : i owe 3075 in rent
: offered 2000 today landlord said no
: can he do that
: i want to clear it up
: should i send it anyway?

If you will be able to get the rest of the money to avoid an eviction, you might want to pay the landlord. But if you won't be able to get the rest of the money, you might as well hold onto it. If you're evicted, it won't matter if you're evicted owing $3,075 or $1,075.

And if you won't be able to get the rest of the money but you can find a new place quickly, you might try avoiding being served personally with the court papers and then not putting in an answer. That way, the landlord can get a default judgment for possession (to evict you), but can't get a judgment for any rent that you may owe.

Anna replied:

: Depends:

: Has he started the eviction process yet? Did you recieve a Rent Demand and, later, a Petition/Notice of Petition?

: If not: send a personal check for however much you can afford, by Registered Mail, Return Receipt Requested. If he refuses to sign for it, you'll have proof that you tried to pay him when he does sue you.

: If yes: goto the Housing Court section on TenantNet Home: read all of the Non-Payment stuff ASAP! and go to court to file your 'answer' to his Petition: you have 5 calender days from the date on the postcard you will receive from the court.

Follow Ups:

---

Note: Posting is disabled in all archives
Post a Followup

Name    : 
E-Mail  : 
Subject : 

Comments:
: : : i owe 3075 in rent
: :  offered 2000 today landlord said no
: :  can he do that
: :  i want to clear it up
: :  should i send it anyway?

: 
: If you will be able to get the rest of the money to avoid an eviction, you might want to pay the landlord.  But if you won't be able to get the rest of the money, you might as well hold onto it.  If you're evicted, it won't matter if you're evicted owing $3,075 or $1,075.

: And if you won't be able to get the rest of the money but you can find a new place quickly, you might try avoiding being served personally with the court papers and then not putting in an answer.  That way, the landlord can get a default judgment for possession (to evict you), but can't get a judgment for any rent that you may owe.

: 
: Anna replied:

: : Depends:

: : Has he started the eviction process yet?  Did you recieve a Rent Demand and, later, a Petition/Notice of Petition?

: : If not: send a personal check for however much you can afford, by Registered Mail, Return Receipt Requested. If he refuses to sign for it, you'll have proof that you tried to pay him when he does sue you.

: : If yes: goto the Housing Court section on TenantNet Home: read all of the Non-Payment stuff ASAP!  and go to court to file your 'answer' to his Petition: you have 5 calender days from the date on the postcard you will receive from the court.  



Optional Link URL:  
Link Title:         
Optional Image URL: 

---