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Do I have a legal right not to pay????? Help!?

Do I have a legal right not to pay????? Help!?

Postby edmondo93 » Sun Apr 10, 2011 5:45 pm

I was injured on a slippery walkway at my apartment building. As a result I had a broken tailbone. Since the landlord was not agreeable to cover the medical expenses I had to hire a personal injury attorney. Shortly after receiving a letter that my landlord was being sued to cover the costs, he sent me a letter (dated 2/11/2011)demanding I move out by 4/30/11 and if I did not return keys by this date an eviction may be instituted against me. Since living here has been such a horrible experience I had no problem following that letter and made all the necessary plans to move by the end of April. I paid April rent and am ready to go. My lease was due to expire May 31 but I had no problem following his order to move by April 30. His first letter broke the lease but I was fine with that.

Than a few days ago he sends me another letter (duplicate dated 3/31/2011) ordering I move out by 5/31/2011 and say I'm responsible for May rent. There is no way in hell I'm paying another month of rent to live here when he ordered me out April 30 in his first letter.

So I'm worried he can/will try to sue me for May rent. Am I right to say I'm not responsible since he ordered me out April 30 in his first letter? I have copies of both letters
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Do I have a legal right not to pay????? Help!?

Postby tredway » Sun Apr 10, 2011 5:46 pm

I was injured on a slippery walkway at my apartment building. As a result I had a broken tailbone. Since the landlord was not agreeable to cover the medical expenses I had to hire a personal injury attorney. Shortly after receiving a letter that my landlord was being sued to cover the costs, he sent me a letter (dated 2/11/2011)demanding I move out by 4/30/11 and if I did not return keys by this date an eviction may be instituted against me. Since living here has been such a horrible experience I had no problem following that letter and made all the necessary plans to move by the end of April. I paid April rent and am ready to go. My lease was due to expire May 31 but I had no problem following his order to move by April 30. His first letter broke the lease but I was fine with that.

Than a few days ago he sends me another letter (duplicate dated 3/31/2011) ordering I move out by 5/31/2011 and say I'm responsible for May rent. There is no way in hell I'm paying another month of rent to live here when he ordered me out April 30 in his first letter.

So I'm worried he can/will try to sue me for May rent. Am I right to say I'm not responsible since he ordered me out April 30 in his first letter? I have copies of both letters
Show both letters to your lawyer. Tell the lawyer you are moving out on the date given in the first letter.

Your lawyer will send him a nice letter of his own.
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Do I have a legal right not to pay????? Help!?

Postby adamka » Sun Apr 10, 2011 5:50 pm

First of all, he can't evict you because you filed a suit against him. Just save his first letter and there's no way he can win a suit against you and I'll bet he knows that and won't do it.
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Do I have a legal right not to pay????? Help!?

Postby tim » Sun Apr 10, 2011 5:55 pm

As long as you got a copy of the original letter for 4/30. I'm 99.9% positive he broke the lease and you are good to go, and forget May rent.
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Do I have a legal right not to pay????? Help!?

Postby tredway » Sun Apr 10, 2011 6:01 pm

Hurt

Talk with your attorney, but your first letter is the demand. You complied. Your attorney will draft a letter to the landlord to discuss the matter for you. But, if you have already mad living arrangements he is stuck. If you have not, then you have a one month reprieve. But if you stay, you are libel to make your May ret payment. What could be at risk, is your last month rent deposit!

Soccerref
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