Q: I discovered the lease the landlord is using is expired and has a lower amount of rent and a wrong address where to pay

A: Thank you for your question!

The amount of rent can be increased under some restrictions after the fixed terms of tenancy ends.

If you have paid the rent to the address mentioned in the lease, and you were not given any notice about the change of address, then you can use that as a defense in your answer or during the trial.

If seems that a judgment is entered against you. If it was a default judgment, you need to file a motion to set the judgment aside.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.

A: You need to act quickly to protect your rights. Start by filing an ex parte motion for a stay of execution with the court. This will request the judge to delay the eviction until your new hearing can be conducted. Alongside this, file a motion to set aside the judgment, presenting the new evidence you've found about the invalid lease and the incorrect rent amount.

It's crucial to highlight that your daughter, who shares the rent and resides in the property, was never served with any eviction notice. She has a right to be heard in court, and you should include this information in your filings. Make sure to attach any supporting documents that prove your claims, such as the expired lease, incorrect address, and proof of overpayment.

Visit your local courthouse or legal aid office immediately to get the appropriate forms. Given the urgency, consider seeking legal assistance to ensure your filings are accurate and complete. Time is of the essence, so do not delay in taking these steps.