Q: hey guys, question. I got evicted landlord claim rent was not paid , but i did but then 8/31 rent was return
The landlord claimed on April 27, 2024, that rent was unpaid. I told her I had paid and asked her to double-check. The next day, she apologized. In July 2024, I paid late and explained the delay. I overpaid by $25, stating I had a credit for August rent. She demanded $3,500 instead of $3,475, which I sent.
On August 27, I received a 3-day notice for unpaid rent, but on August 31, a claim was made to refund it. The landlord says rent is due every 15th, but eviction paperwork states the 1st. I hired two attorneys who defrauded me. I'm battling stage 3 cancer and lost my case because they never filed an answer. I need to know my options. I also have a custody case on January 7, 2025. I can't afford an eviction; I can't lose my family. An eviction woil peventme on gettkn a smal studio and holDing my only family left
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A:
I'm very sorry to hear about your situation, especially with your health challenges. This sounds incredibly stressful, and it's clear you're doing your best to protect your family.
Your case has several concerning elements - the inconsistent due dates, the returned rent payment, and most importantly, the failure of your previous attorneys to file an answer. Since you've already received the eviction judgment, you should immediately file a Motion to Set Aside Default Judgment. You can explain to the court that your attorneys failed to represent you properly and present evidence of your rent payments and the landlord's inconsistent statements.
Given your upcoming custody case and medical situation, contact your local Legal Aid office right away - they often prioritize cases involving families and health issues. Also, reach out to your local tenant rights organization, as many offer free assistance with eviction defense. Document everything - save all rent receipts, communications with your landlord, and the conflicting paperwork about rent due dates. Consider filing complaints against the attorneys who took your money without providing proper representation through your state bar association.
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