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I am trying to rent but I have a pending eviction. I have a court date for early Sept. and I'm in the last |
month of my lease. I was late paying my rent and my leasing office told me that I had until the 15th to pay the rent with all late fees. I took the a check for the total amount on that date. When I came home the next day there was a notice on my door sayng that they had started the eviction procedures due to them not being able to take a check after the 5th of the month. I was not aware of this now they want the full rent, late fees, and there attorney fees in order to stop the eviction. While I haven't technicaly been evicted and I need to start looking for an apartment now what do I put on my applications for rental (prior eviction or not). Since I haven't technically been evicted yet and if I say no to prior eviction is that a lie? I just don't want there to be any problems with the next people who I rent with and since my lease is up I need to be figureing out were I'll be moving to next. Also, what can I expect to pay to settle the eviction matters? I have been late before but only once was I late more than five days and that was due to a check that was sent back due to NSF (non-sufficent funds) and in this case they did tell me that I needed to bring in a money order but I assumed that it was because of the NSF. However, I spoke with the manager several times about my late payment and the only thing that she said was that I should come in and sign some form stating that I did promise to pay the rent plus fees by the 15th so that they knew not to proceed with eviction. Never once did she mention that my payment "had" to be in the form of money order, like she did when it was a NSF. In my lease it only mentions the fees that should be paid after the 5th but not that the sole form of payment as money order as it "does" say this for the NSF. i would say no you have not been evicted because that is the truth. you do not owe them full disclosure. Who did you take your check to? Did you get a receipt for it? Does it state on your rent agreement that they don't accept payment after 5 days late? (I doubt it but check). If this is true and you have been late before, where you more than 5 days late and paid with a check? Then keep/get those check records; they are your proof that you had paid late in the past w/o them giving you a hard time about accepting payment by a certain date. If you have any proof (receipt, person name) that you took in your payment to, no matter if it was a check, make a copy of it (the proof) and get a cashier's check or money order/s for the same amount as what you owe with late charges, and send it to them certified w/ a return receipt requested. This should stop any eviction process from going further, and you'll be out by the end of your lease. On your apps you can put no prior evictions because as of now you have none. Save all your correspondence with the leasing co in case a new landlord does have questions; then you need to be honest. You should not be expected to pay any more than the full rent due and late fees. You should not have to pay an atty fee if you get your certified receipt in the mail, which shows that your payment was accepted. Hope this helps |
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