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5. Common misunderstanding: If
tenant has been trying to move out but can't find a new place,
eviction hearing judge will not make
tenant get out.
Truth: Inability to find a new place is not a legal defense, and
judge will order you to get out -- even if it means that you and your children will become homeless.
6. Common misunderstanding: If
tenant goes to
eviction hearing,
judge will automatically give
tenant more time to move.
Truth: Sometimes, if there is a really sad situation (a health problem, young children),
judge may ask
landlord to give
tenant extra time. Rarely,
judge may require
landlord to give extra time. Often,
judge will not require any extra time, in part because
judge knows that
landlord still has to wait another 3 days
7. Common misunderstanding: If
tenant gets or gives a 30 day eviction notice,
tenant does not have to pay rent during
30 day period.
Truth: The tenant's rent obligation continues for every day
tenant is in
rental unit, through
30 day period, even though
landlord (or
tenant) has given a termination of tenancy notice. It is understandable that
tenant may need
rent money, in order to move to a new place. But if
tenant does not pay
rent as it comes due, then
landlord can give
tenant a 72 hour nonpayment of rent notice and evict
tenant, long before
30 day period runs out.
8. Common misunderstanding: The landlord may make you pay any unpaid rent at an eviction hearing (an FED).
Truth: The only things a landlord can get at an FED are: 1) a judge's order (called a judgment) that
tenant must get out at a certain day and time, and 2) a judge's order that
tenant pay
landlord for
landlord's court costs, prevailing party fee, and attorney fees (if any). If
landlord wants to make
tenant pay any unpaid rent,
landlord will have to sue
tenant in a separate lawsuit, often in Small Claims Court, for a judgment for
rent money. (Legal Aid has other handouts which explain how
landlord must go about collecting
judgment from
tenant).

Since 1989 dan the roommate man has helped 1000's of people find rooms,apartments or roommates. Need help? Contact him at 800-487-8050 or www.rooommateexpress.com