i defaulted in payment of rent, landlord sent 5 day eviction notice, and waiver of possession, i did not pay the rent due and neither the possession, the lease is till Feb' 2015 . I am ready to terminate the lease but not in position to pay rent. landlord filed suit in court and i got the summons to appear, i will appear and understand will be evicted but how do i settle the rent due
It sounds like you are confident you will be evicted. It might make sense to contact the landlord and see if you can resolve the issue.
The above is for general informational purposes only. It is not legal advice and does not create an attorney-client relationship of any kind. It is impossible to provide legal advice with the little information provided. You should not act based on the general information provided and immediately contact an attorney. I am only licensed to practice law in Pennsylvania and New Jersey.
If you are only one month behind and have one month left the landlord may settle the case with you if you voluntarily tender possession and don't force him to pay for an eviction. It is always smart to hire a lawyer to negotiate on your behalf and document a settlement.
Though we strive to provide accurate legal information in our answers on AVVO, our answer should not be construed as legal advice and it does not create an attorney-client relationship. Our firm only forms attorney-client relationships by written agreement signed by both our firm and the client. Please seek an in-person consultation with an attorney immediately as almost all legal matters are time sensitive and failing to meet deadlines can result in adverse consequences.
You should contact an attorney to negotiate a settlement with the landlord to minimize any amount you may be required by the court to pay.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline