What to do if I notified my landlord that I was going to endmy lease and vacate the premises but several days later got an eviction notice anyway?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if I notified my landlord that I was going to endmy lease and vacate the premises but several days later got an eviction notice anyway?

Now they want me to pay court fees, lawyer fees, etc. I sent in the letter that I was going to have a contract written up for payment arrangements and signed. I lost my job and made one fourth what I did before and fell behind on rent 2 months worth. Then my mom got cancer and is now doing radiation so I knew I would have to move in with her to help. I don’t feel I should pay the court and attorney fees because I tried to handle this without accruing my debt and the landlord and I used to be on civil terms. What do you think?

Asked on July 12, 2011 under Real Estate Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It doesn't matter whether you were on civil terms previously, or that you tried to handle it without "accruing" debt. If you did not pay rent, the landlord is entitled to evict you--if you move out before the eviction is carried out, the proceeding will be mooted and should be dismissed; or if you pay in fulll prior to being evicted, you can avoid eviction. Generally speaking, if the landlord does evict you, the landlord is entitled to seek filing or court fees, and can seek attorneys fees if the lease provided that he or she could in the event of eviction. So the problem is that if you did not pay rent, the landlord is entitled to all of his or her legal rights and remedies, including eviction and seeking permitted costs in addition to rent, all regardless of how you tried to work matters out.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption