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?

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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 12 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.


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