Q: Eviction was dismissed and a $9000+ check was issued to landlord's attorney. They are still reporting that I owe them.
A wrongful eviction was filed against me in February of 2023. I continued to pay rent to the court and the case was not officially dismissed until recently in July 2024 (due to the attorney being unresponsive). The ORDER OF RESOLUTION, RELEASE OF FUNDS AND DISMISSAL was submitted 07/30/2024, and a $9000+ check was sent to the landlord's attorney. I attempted to apply for a new apartment and I was denied due to the landlord reporting that I still owe them $13,000+. When asked about the check, they advised they cannot remove it from my balance until their attorney sends them the check. Is this legal? They also advised my balance was sold to a debt collection company however it is not reported on my credit and when I contacted the collector, they said they had no account for me. I have no way of paying the remaining balance and the landlord refused to send proof my debt was sold. They also did not add my deposit to that balance.
Please advise on what legal rights i have.
A: The first step is to contact the landlord or landlord's counsel to ask the reasons that additional amount is being demanded, with a full explanation/itemization in writing. Either there's something that makes sense, or there isn't. If it doesn't make sense, or there's no cooperation on explaining and itemizing it for you, immediately schedule a consultation with a lawyer handling landlord-tenant matters.
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.
