QUESTION
Will I get a second notice from the sheriff after I filed a bankruptcy to delay a five day notice to vacate?
Asked on Jun 15th, 2014 on Landlord and Tenant Law - Nevada
More details to this question:
The bankruptcy case was dismissed on June 6th. It has been thirty days since the first notice to vacate and I am trying to find out if there will be another notice or if the original one stays in affect. I am trying to get a court date to prove my landlord lied on his documents and I did pay my rent.
6 ANSWERS
The bankruptcy case should have only resulted in the eviction being held in abeyance. So I doubt that you have to be reserved. But it sounds as though no lawsuit has yet been filed. Why not just wait for the landlord to act, the you can raise your defenses [be sure to bring proof of payment].
Answered on Jun 19th, 2014 at 9:04 PM
Real Property Law Attorney serving Owosso, MI
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Moorhead & Moorhead PLLC
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Michigan does not use a five-day notice. Michigan uses a 7 day notice for non-payment of rent and a 30 notice to terminate tenancy. If you received a 30 day notice then it isn't relevant whether the rent was current at that point in time. Your bankruptcy stayed or stopped all proceedings involving your rent and any notices given to you. Your landlord has to give a new notice.
Answered on Jun 19th, 2014 at 9:04 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Sounds like you need an attorney, you bankruptcy offers no protection if it was dismissed.
Answered on Jun 19th, 2014 at 9:04 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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CONTACT THE COURT AND ASK.
Answered on Jun 19th, 2014 at 9:03 PM
That depends on your local rules, but I would not wait. File a response immediately with the court which handles evictions and schedule a hearing date so you can make your arguments to the judge.
Answered on Jun 19th, 2014 at 9:03 PM
Banking Attorney serving Miami, FL
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The Barrister Firm, P.A.
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If you have sufficient proof that your landlord gave false testimony, then you must file a motion to vacate the judgment of eviction for fraud on the court. You could also petition the Court for an emergency stay of the writ of possession until the matter is heard. Remember that the obligation to show that you paid is on you and not the landlord - you must provide the Court with sufficient proof of your payments (which is typically by providing cancelled checks or money order receipts or something similar).
Answered on Jun 19th, 2014 at 9:03 PM