My landlord has proceeded in my eviction for late rent. I have been paying them $1300 in the last 30 days. Now I have no time left to find a new place to live. My lease is up in April anyway and I was planning on moving regardless. I have lived here for two years and have paid my rent promptly. I believe that they shut my heat off last week. My family and I had no hot water for 3 weeks when they finally fixed it. My apartment flooded twice since our occupancy and I believe we have black mold.
The landlord is required to serve a three day notice allowing you to pay any unpaid rent to continue the rental. If you paid the rent in full prior to the end of the three day notice, no evection can be filed. If any rent remained and paid the end of the three day notice, and eviction can be filed. You have some defenses to the evection called constructive evection. When the property is uninhabitable due to a defect, you are not required to pay rent during the time you cannot live in the property. If you continue to live in the property in spite of the defects, do you have waived your claim of constructive evection. You are still entitled to claim damages suffered due to the defects. This could be the time and expense of heating water, showering elsewhere, or medical expenses per due to the Black mold. If fiction is filed, you should appear in court and contest the evection. The court will schedule a trial. This will give you additional time to move, and allow you to have your day in court on the defects.
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