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kamis37

evection

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I request the transfer to new apartment for cheaper rent. My contract was gone by the last month, when i was waiting for transfer answer I paid 1000 rent from my 1675 rent assuming after the transfer was final I could paythe rest . I received court letter for eviction instead? yesterday with the 3 days notice to pay the rent or quite witch I did not received, when I contact them they refuse to take the rest of the rent or transfer and asked me to go to court. How can I stop that I really can not afford to move out but I can pay the rent .

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"... when i was waiting for transfer answer I paid 1000 rent from my 1675 rent assuming after the transfer was final I could paythe rest ."

Why would you assume this?

"I received court letter for eviction instead? yesterday with the 3 days notice to pay the rent or quite witch I did not received...."

If by "court letter" you mean something formal issued by the court saying an eviction action had been filed, you need to show up in court and, if necessary or possible, file a response to the action (advising that you had not previously received the 3-day notice). The court may or may not believe that you didn't receive the notice before the landlord filed an eviction action; the landlord wouldn't be required to send the 3-day notice by a traceable method to prove it had been sent, I'm afraid.

You can document your attempt to pay the rest of the rent; I'd send them a letter certified mail and show on the letter that a copy went via regular mail. I'd summarize the conversation about trying to pay the remainder of the rent.

"How can I stop that I really can not afford to move out but I can pay the rent ."

A court will be *highly* unlikely to grant the landlord an eviction when you are willing to pay what you owe (in most states, the action will be dismissed when you show up in court and let the judge know that you have the money with you and were perfectly willing to pay what's owed). Unless there had been prior eviction actions for nonpayment of rent, this would normally be how it would play out.

That said, if you're on a m-t-m tenancy at will in a jurisdiction that doesn't require cause for the landlord to terminate the tenancy (most places), the landlord would typically be free to terminate the tenancy on a rental period's advance written notice for no reason at all. You'd have to ask the court whether it wouldn't prohibit the landlord from terminating your tenancy in retaliation for your mistaken assumption for a particular length of time.

As for not being able to afford to move, you don't say what you mean. Typically, all it costs to move is the cost of a rental truck for a day (or borrowing a friend's vehicle), and the cost of pizza and such to friends to help you move. Folks don't *have* to get professional movers to move, and most corporate landlords don't regularly charge a month's security deposit these days. (In any event, that's what savings accounts are for.)

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The biggest problem i have is that MY credit is very bad, I have 590 score and I am afraid of not getting approved. Also if the case going to be dismissed by me e paying what I owe I will have a judgment of eviction on my credit report . One more question, can I call the land lord attorney and pay the rent to them? and save myself from having possible negative item on my credit report.

tanks a lot

Regards,

kami

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Whomever, please don't rate something on a dislike that someone doesn't tell another what they want to hear; base it on actual knowledge that the response provided is incorrect (and post a follow-up response providing what you deem the correct info).

* * *

"The biggest problem i have is that MY credit is very bad, I have 590 score and I am afraid of not getting approved."

In the end, I'm afraid that simply means that you may have to pay a larger deposit, or have someone guarantee the performance under the lease.

"Also if the case going to be dismissed by me e paying what I owe I will have a judgment of eviction on my credit report ."

Sorry, but this doesn't make any sense. If the eviction is dismissed, there is no judgment/eviction on any credit report or court record.

"... can I call the land lord attorney and pay the rent to them?"

You're free to try, but I suspect if the landlord wanted to accept the rent, it would accept the rent and is unlikely to direct the landlord to accept it.

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By the way, if the landlord reports anything derogatory to a credit reporting agency that is untrue, you're free to provide paperwork to the CRA in a dispute over the entry. If that doesn't clear it up, then I'm afraid you might have to sue the landlord and seek a declaratory judgment if the landlord is claiming to a CRA that you owe it money.

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