QUESTION
Since the original petition didn't call for back rent, can they order me to pay?
Asked on Dec 13th, 2012 on Landlord and Tenant Law - Oregon
More details to this question:
I was served with a holdover for eviction for a court date on October 24. I told my lawyer to agree to the stipulation to be out of the house by Dec. 28. I never signed it myself, and moved out of the house by November 14.
6 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Which are lawyer assigned by you. You should speak to your lawyer regarding your questions and issues.
Answered on May 23rd, 2013 at 10:25 PM
If your lawyer signed a document that called for you to pay back rent, you are obligated to pay it. If you have an issue, you should take it up with your lawyer.
Answered on Dec 20th, 2012 at 5:35 AM
Land Use & Zoning Attorney serving Boston, MA
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Greenbaum, Nagel, Fisher & Paliotti, LLP
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Not unless the rent is actually part of the Summary Process complaint. Landlord can always bring a separate action, however.
Answered on Dec 17th, 2012 at 12:28 PM
Generally, they can't get the back rent if they didn't initially ask for it. If they wanted to amend their paperwork, they should have given you prior notice. But to be sure, you?ll need to get the paperwork from the courthouse to verify your conclusion that they didn't initially ask for the back rent. Most landlords do.
Answered on Dec 14th, 2012 at 11:14 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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You need to be asking this question to your attorney. He knows more about your case and the stipulation than anyone on this forum.
Answered on Dec 14th, 2012 at 10:48 PM
Kevin Elliott Parks
An eviction case does not typically concern your obligation to pay rent. You can be evicted for failing to pay rent, of course, but your landlord cannot enforce an order for you to pay rent through the eviction process itself. If you settled the eviction proceeding and the settlement agreement doesn't talk about rent money at all, your former landlord likely still has a viable claim for back rent.
Answered on Dec 14th, 2012 at 8:56 PM