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HI. I am on a 1 year lease agreement, put in a 60 day notice to move out. The landlord "states "they never received my rent for

De Pere, WI |

August and September and they Never notified me. I got a letter from the brown county courts stating that I am being sued and also evicted. I payed with money order on 9/30/13 for the balance and I have not lived there in 3 months. Can the eviction still go into effect even though they accepted the 60 day notice with the move out date to be 9/30/13? and also can they sue for back rent if it has already been paid?

Attorney Answers 2


  1. Anybody can sue anyone for anything. It's a matter of whether there's a viable cause of action. If you can demonstrate that you've paid -- by proof (i.e. receipts for the money orders, etc.), then it is unlikely that your landlord will prevail at trial. Additionally, an eviction requires a court hearing. You might want to attend court to present proof that you paid your rent so that an eviction will not go on your record. You can still be evicted even though you gave notice if there's been a failure to pay rent.

    DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.


  2. If you are already moved out they cannot evict you. It sounds from your facts that you haven't lived there for 3 months, so why did you send in money? Has the landlord returned the security deposit. There are a lot of questions that need to be answered, and having an attorney in your area to answer those would be beneficial.

    Legal disclaimer: No attorney-client relationship is formed by this communication. Any recommendation/information given through Avvo should be considered only as opinion.