What recourse do I have if my landlord sued me for unpaid rent in error? 5 Answers as of July 12, 2011I moved from one property to another with the same landlord. Due to poor record keeping on his part, he was unaware that I no longer lived in that apartment, which he in turn sued me for unpaid rent. I discovered the judgment on my own, brought it to his attention, he acknowledges the error, but the judgment remains. He has had over 3 months to correct.
Frances R. Johnson | Frances R. Johnson
You will need to move to set aside the judgment. This would be something that is filed in court. There are different considerations to be taken into account depending upon what notice you were served with (re: the lawsuit), how long ago the judgment was, etc. I suggest you contact an attorney for specific help with your circumstances.
Answer Applies to: Colorado
Law Office of Jared Altman | Jared Altman
You have to go to the court where he entered the judgment and bring an order to show cause to vacate the judgment and request a trial. You only have one year from when you learn of the judgment to try to get the court to vacate it. After that, the judgment becomes final and will stay with you even if it was a mistake.
Answer Applies to: New York
Law Offices of Steven A. Fink | Steven Alan Fink
Prepare stipulation to set aside judgment and have landlord sign it. Then file it with court. If he will not sign it, let him know you will have to file a motion to set aside judgment and will request your legal fees and costs from him.
Answer Applies to: California