Landlord Error - -Failure to pay rent

[HenryL]

Good evening,

I just got home from a lovely day at work in Maryland to come home and find a failure to pay rent and I have a trial date and time of 12/18/09. I paid the rent this month with the receipt to prove it and a bank statement that says the money was deducted and have gracefully presented it to my landlord. Now it seems in back of the paper it states. "If you have paid the rent by the trial date you should come to court and ask the Court to dismiss the case"

Now, no error on my part rent was paid on time in full. I make 37 dollars an hour. Can I ask for compensation for taking time off my day for their error? I'm sorry but time is money and their error is costing me for waiting in court.

 

[mightymoose]

The courts never give compensation for work missed.
You should be able to present the evidence to the court prior to that date and have the case dismissed. The notice you got should have instructions for how to file an Answer, or something to that effect. Put your side of the story in writing, attach copies of receipts, and submit it to the court. Don't trust your landlord or anyone else to do it for you... make sure you are personally informed by the court that the hearing has been dismissed.

 

[HenryL]

well thanks for the reply. I just find it irritating that they make the error and it cost me time and money.

 

[Gail_in_Georgia]

It is important that you show up in court just to make certain that the correct information is presented.

Gail

 

[mightymoose]

I understand how you feel... but I don't think a judge or anyone else is going to feel sorry for someone making $37/hour

Your landlord should have approached you with the problem before running off to the court. Has the landlord acknowledged the error? The landlord can cancel the court date... but unless you are certain that has been done you had better show up.

 

[jharris352]

I would write to the the landlord and tell him that you will engage an attorney if he does not dismiss this frivolous action. If he is completely wrong, and you give him the opportunity in writing to dismiss the claim and he continues it, there is the very good possibility that you can recover attorney fees. While it is not your pay that you are recovering, the threat of getting attorney fees out of him may convince him to dismiss the claim without you having to appear.

As proof of dismissal, I would only accept a dismissal stamped by the court 1-2 days prior to the hearing date.

 

[sharonk868]

hi all

Thanks you for the post.
Hi guys, Im a newbie. Nice to join this forum.