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| Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc. |
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#1 |
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Posts: n/a
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I willingly had a lien placed against my current workers comp case for current and future rent. This was an arrangement made with my attorney and property owner. Just recently my trial date was delayed two months and because my landlord was a lien holder on my case he was notified. The lien is for rent paid through 8/17/07.
Today, 7/25/07, I received a 3 day notice for rent due thru 7/26/07 in the amount of the entire lien amount but for a date 22 days in advance of the agreed upon date. The landlord has requested rent in an excess of $650 more than what would be the current amount due. Is this legal? Is the lien still binding even if I'm thrown out earlier than it was agreed upon? Could someone please advise me on my rights? Thank you. |
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#2 |
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Top Level Member
Last Online:
May 9th, 2008 06:26 PM Join Date: Mar 2007
Posts: 237
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...was the lien to guarantee the rent or in lieu of paying rent?
Were you according to your agreement still supposed to pay each month during the proceeding? |
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#3 |
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Posts: n/a
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Yes it is in lieu of rent. I wasn't suppose to have to start paying again until the 17th of August.
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#4 |
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Top Level Member
Last Online:
Jul 23rd, 2008 10:34 AM Join Date: Jul 2007
Location: southern OH
Posts: 579
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The lien on your worker's comp. was for rent through August 17th. This case was to be decided in time to collect up to current rent. However, your case for worker's comp has now been delayed for 2 more months. So the case will not take place until September. So the worker's comp. case cannot possibly be decided in time to recieve any money until that time, correct? So the LL will be unable to get his rent for July or August until at least a month after that rent expires and another month of rent is owed. So the lien is useless to obtain current rent money.
Is the $650 your rent that will be due in September? Either he is planning on asking you for another lien to continue this until the worker's comp. case in September, or more likely the extra $650 are the fees for the court case, lien writing & recording fees, and attorney fees. |
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#5 |
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Posts: n/a
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As of the 17th of August I will begin paying the rent as usual. The lien was to be in lieu of my paying the rent until then. The lien regardless of when its paid will be paid its just a matter of time. Nevertheless, what I want to know is if this money is eventually going to be paid can I be sued in an unlawful detainer suit for the same money? Also, when serving a three day notice for rent what is the specifics on it? Can you ask for money for days past the date of the three day? Can you ask for more than what is owed? How is it that an extra $650 can be asked for (as been stated for attorney fees, etc.)? Are you stating that the lien has no legalities and is useless? Also when an unlawful detainer is served doesn't all the parties involved have to be served?
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