re: Flood Rental Eviction Question (what would you do?) UPDATE

I think the issue is that the LL told her not to pay rent. When she didn't pay the rent he told her not to pay, he sent an eviction notice for non-payment of rent. Kind of like entrapment.

The question in my mind is should she pay the rent now, so she can walk into Court saying the rent has been paid and it was originally not paid because I was told not to pay rent. Bring your witness to testify to that assertion.

I mean the full rent, not adjusting for any expenses. In my mind, you would just aggravate the Judge by walking in and saying I paid the rent but deducted my expenses. Pay it all in advance of the hearing. Come in with "clean hands" so to speak.

In effect she would cure the deficiency prior to the Court date.

Any thoughts?

(I doubt the LL will cash the check.)

I don't think arguing the house is not habitable so I didn't pay rent will help. The Judge will likely boot her from the house once she claims it is inhabitable. I think that is a can't win argument.