I was a tenant at a high-end apartment complex paying $7500 a month every month in good standing. The building was then sold to new ownership and somewhere in that transition my paperwork's botched and it showed I was one month late when I was not and I was evicted from my apartment. I now have all of my paperwork together and it shows that they were wrong and that I did pay and I was wrongfully evicted from my apartment. Because the month I was evicted was actually a paid month What can I do?
Landlord / Tenant Lawyer
When was the unlawful detainer case decided? You have 30 days after receiving the Notice of Entry of Judgment to appeal the decision.
The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with a local attorney.
Landlord / Tenant Lawyer
Your chance to present your evidence was before entry of judgment. If you filed an answer and there was a trial, that was the time for this evidence. If you failed to file an answer and judgment was entered by default, you waived your right to present evidence at all.
You have to decide what you want and how much you want to pay for it. Do you want to be reinstalled in the apartment, or do you simply want the judgment erased from your record? Although there might be some remedies in this case, they are tenuous at best and will be expensive in every case. (You will need the assistance of counsel.) I think the best solution is for you to contact the landlord with your evidence of payment. If the landlord is reputable, and you were as good a tenant as you say, there is a good chance that it will have the judgment vacated and allow you to stay. You do not say when judgment was entered or whether or not you have been evicted yet. If you still are in possession, make this overture immediately. The sheriff will be at your door in a couple of weeks after entry of judgment if counsel for the landlord does it right.
As a aside, you might consider enlisting the assistance of a good attorney in your area. If the landlord's attorney is competent and professional, miracles can be worked with a couple of phone calls.
Good luck to you.
If the unlawful detainer lawsuit is still pending, you you already moved out, then possession is no longer at issue and the case will convert to a regular civil case for damages if the landlord continues to pursue it. If the landlord does not dismiss the unlawful detainer, then at the trial, you would present evidence of payment of the rent.
If you want to be pro-active and wish to sue for wrongful eviction, you will need the assistance of a litigation attorney.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.