Q: If I have checks that have cleared my bank for rent and my apt filed an eviction notice, can I put my rent in escrow?
I have lived at my apartment for 7 years, paid my rent in full and on time the entirety of my time; they have filed an eviction notice on me for court on Feb. 7th. The manager called and stated that she made a mistake and to ignore the eviction papers from the sheriff but I received another eviction notice from the courts today. Am I able to withhold rent into an escrow account until the completion of the court case?
A:
1. You should never ignore a pleading or Order from the Court. There is a very good chance that the manager made a mistake and that the eviction will not go forward. However, you should show up and make certain that it does not go forward.
2. You should appear at court with your cancelled checks to demonstrate that you have not failed to pay rent. If the matter goes forward, you want to be prepared to present your defense.
3. Assuming that your rent is due on February 1, 2024, and the Court date is the 7th. You should not place your rent into escrow. Instead, you should walk your payment into the manager and request a receipt. If the eviction was truly a mistake the manager will except the payment. When you go to Court on the 7th, and the case goes forward, acceptance of rent after posting the 3 day notice invalidates the notice and the case will be dismissed.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
