QUESTION: Dear Legal Wiz,
I did not pay my landlord rent on the first of the month when the rent is due. I paid him late. Last month on the 20th of April, a man came and gave me a notice. He put April 19 to May 19 for the period to move out, and signed that he gave me on April 19th. The landlord called me to tell me that a summons is on its way to go to court. I went to the Court office, but I forgot to take the notice. Someone told me that the landlord can get a summons and take me to court with the notice and get an order for eviction in less that a month. Can the landlord give me a notice dated in the middle of the month and be allowed to evict me just like that?
RESPONSE: Dear Arianna,
There are several claims made that are false, and although you were ill advised, it is very good that you wrote in to us. I am sure there are other persons who can benefit from this question. Recently several similar cases coming before the Sutton Street Magistrates have resulted in orders made. This is unfortunate and even worse nothing was done to correct the situations because very few persons know their rights.
In your outlined scenario, the notice is invalid. If a summons is served for you to attend Court, make sure you attend so that default judgement is not made against you. When you attend the Court session, you should inform the judge that the notice is invalid, and explain your date of tenancy, by proving the date you actually moved in and started paying rent as per the agreement you made with your landlord.
This does not mean that the landlord will not be allowed to serve you a new notice with the correct dates, and get a proper summons to take you to Court.
You may seek further advise, instructions or physical assistance from contact an attorney independently, a member of our team at the International Legal Doc Centre, or . visit legal clinics also to assist you if you are on a low budget.
All the best
________________________FROM A READER____________________________
Dear Legal wiz,
I am glad I bumped into you at Sutton Street (in Kingston). I really do not know what I would have done without your assistance last week. We worked together, and I didnt know you were really into this although I knew you were studying law. I didnt even know you finished paralegal training. I did as you told me to, even though I didnt understand fully until I was actually in the Courtroom, and started speaking to the Judge. I cant say much more of my business now, but I really appreciate you and what you did. I am glad you went into this business, so that people like me can better understand how the system works to protect you from unscrupulous persons. I am sure other persons out there who are afraid of the Court and lose out because they dont try to get someone to help will be glad if they knew of your service. i am looking forward to returning to court, and your further assistance. Thanks also for hooking me up with that other person,