In Sept 2018 my commercial LL served me with a 3 day notice to quit or cure. On the 4th day I paid the rent by check which was cashed by the LL, does this void the 3 day notice? Then a couple days later My husband was served with UD court papers for me and then I was handed a copy by the LL the following day. I filed my response within the 5 days then emailed asking the LL to reconsider which he said some terms and said I had to pay him his court fees which I did. I thought this was void, over and done with. Closed case. Nov. 6th the LL filed to go to trial for the UD, served me by mail. The courts sent me a trial date by mail as well. But my mail was stopped as of Nov. 6th. Nov. 5th was the last day I received mail for some unknown reason and I didn’t get the LL’s & courts mail, I didn’t know so I lost as I wasn’t there. Then the 5 day notice and lockout came. Now my landlord is holding my property refusing to give it to me because I owe back due rent for Nov and Dec, not incl in eviction. The sheriffs notices states I have 15 days to collect property and LL has to give it to me when I demand it. What can I do? LL keeps posting eviction notice on door. Is this necessary or req?
This really is a lot of bad luck.
I don't know if you want to go through all this, but sometimes you have up to 6 months to file a motion to vacate the UD judgment. You claim you never got papers from the court, and you would have to explain all that and hope that the court will allow it.
Many courts are sympathetic to residential tenants, not so much business tenants, but you do have proof that you paid the rent, etc, so it seems to me that they never should have filed the UD in the first place.
Regarding your property, if it is worth more than a certain amount, the landlord is supposed to store it and if you want it back, you have to make arrangements to pay the storage fees and maybe back rent if there is a judgment, which there is.
I would pay the back money and either file the motion to vacate, which I think you need to try to get your money back or you might just go to court and sue for the return of any money you paid to get your things back and raise the issues that you shouldn't have been evicted. The court may not hear that reasoning because they may say you should have filed the motion to vacate first.
This is general legal advice intended for informational purposes only and does not create and attorney/client relationship. If you wish further advice, please contact an attorney of your own choosing or you may contact me for further advice and make other arrangements including retaining my services.
I would suggest the immediate filing of a motion to set aside the default judgment. You need to also request a court order for your property to be turned over. If he took rent after the 3 day notice you have a defense and he could very well lose his case. This is very serious and requires immediate attention based upon what you are stating.
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