Username:   Password:   
   
   Finance Forums
Index  FAQ  Search  Memberlist  Usergroups  Profile  Register
 Log in to check your private messages
What proof should I bring to landlord/tenant court
  Post new topic   Reply to topic x-finance-x.com Forum Index » General Finance Forums     
Message
HackedB     Reply with quote
My landlord is suing me for almost $7000 in back rent. My lease states my rent is $600 per month but my land lord and l had a verbal agreement that she would let me slide on part of the rent each month if l did not make her repair anything unless it was a major repair. I've lived there for over 2 years and never asked for any repairs except 2 things that l could not do. We never agreed on a set amount she would deduct, but I've been paying around $400 per month and she is never complained until recently. She said she wanted me to START paying the full amount of rent and when l couldn't, she evicted me. Now she is suing for thousands of dollars in back rent for the amount that she let me slide on for all these years. l have nothing in writing other than my rent receipts that show I've established a pattern of only paying around $400 per month. She did not require me to provide receipts of any repairs. She just said do not bother her with them. There are lots of things in disrepair now. Actually, this house should probably be condemed. The electricity blinks on and off and you can hear surges in the outlets. Mold is growing rampid in the bathroom due to a leak, among other things. l understood the discount as being compensation for repairs l could do and being inconvienced with the things left unrepaired which l had to deal with.
Once she filed the eviction, she sent me an email saying that once l got on my feet financially, that she would expect the back rent but did not specify how much. Even on my rent reciepts, in the section that says balance foward, she never put anything or said l owed her anything else. She was completely happy with me giving her what l was giving her until she had to make the first repair on the house which was a major repair l could not do. The all of a sudden, she is not happy anymore and asks for more money.
So what proof would help me in this case when l go to court?
I've taken pictures of the things that are wrong with the house. What else should l bring?
Well, l did go see my building and zoning commissioner and he said that l had to hire a private inspecter to inspect the house, which l cannot afford. l know she is in violation of so many codes.
But now, I am wondering if she planned this all along. Have me live here, make no repairs, say she is deducting the rent to only go and sue and hope to win the intire amount of rent anyways after not having to keep up the house for the past 2 years. l just hope the judge can see my point.
Wil     Reply with quote
l would consult & attorney for this matter. l am thinking, '' implied contract & ''statute of limitations''. And another thing, l would try to avoid court & try to get a mediation & remove an eviction or unlawful detainer suit. Because even if u win this case in court it will be public information & then it will be visible for all future landlord to see, & it will only show as a unlawful detainer, not that u actually won. And no one will rent to u until it is off that report.

Peace bro
North     Reply with quote
Bring all the receipts that show she is been accepting $400/month in rent, along w/your pictures of the condition of the apartment/house.

Hopefully the judge will see thru her & her attempts to now collect the rent. Unfortunately, because u did not get in writing that she agreed to the new terms, it will really be up to the judge. You do have a solid case though. Every month that she accepted the $400 & did not write that u had an outstanding balance, is what is riding on ur case.
The help of a lawyer could nail the case, l am guessing/betting she does not have any representation.
Good luck.
zofta2     Reply with quote
All u need to do is have a city building inspector come to ur apt. free of charge & write up all of the items that r hazards. He will then send a letter of complaint to ur landlord & he has a certain amt of days to have it fixed or else u can counter-sue.

If u do not have a lease in writing, there is nothing the landlord can do to get u to pay rent or back-rent

You have a right to counter-sue or bring ur landlord to court first with the proof that there is mold or electrical issues in the apt that r a health hazard.

Also, the landlord has no right to rent out the apt without maintaining the apt. so, therefore, u do not owe him backrent if it is as bad as u say it is! He is in violation of the law for keeping bad conditions for his tenant(s).

Call the county courthouse to find out what phone number u need to get a hold of the city building inspector immediately; & l would advise u not to tell ur landlord so that it comes as a complete surprise to him when he receives the letter of complaint in the mail.

Also, there is an implied contract, even though it is not in writing, u verbally agreed to the $400 (which is what u have proof of paying), in which the Landlord cannot sue u for backpayment on the rent because of the ''pattern'' of payments u paid over a 6 month time frame. So, either way, u DO NOT owe back payment to the landlord even if it turns out that the agreement was that he would not ''maintain'' it as well as if u were paying the full $600. The landlord is LEGALLY liable for maintaining the apt.
Coach     Reply with quote
l think the rent receipts r pretty good documentation of ur side of the story. You r right, it establishes a pattern & shows that she was accepting lesser payments for quite a long time. l can not think how she would explain that one away. She could say that ur ''implied contract'' (which neither of u has any proof of) was reduced rent until she had to repair something, at which point it became void & she would be entitled to full rent including back rent. But that sort of agreement really sounds illegal to me & unenforceable. Also, if the lease u signed states that she would be responsible for making all needed repairs, but then she told u verbally that she wouldn't, then she was not standing by her own lease from the beginning. Again, that is a breach & the agreement is not enforceable.

You sound like u r on the right track. Stay on topic, avoid irrelevant information, bring all the documentation u can. Anticipate what questions a skeptical or hostile judge would have, & come up with for them. Tell the truth, keep ur story consistent, do not fudge details even if u think it puts u in a bad light. If the judge thinks you're lying or hiding something then they will be less likely to believe any part of ur story.
Display posts from previous:   
  Post new topic   Reply to topic x-finance-x.com Forum Index » GeneralFinance Forums     

Lates Messages
How long before stock market recovers ?
How do you compute Living space of a home.?
nursing homework help..
mysterious collection on file...no record of me...
fedex are trying to charge me extortionate customs & excise fees nearly 100% what can I do
What percentage of the federal budget is generated by personal imcome tax ?
how the banks they will through pass the financial crisis in 2008
I have $7000 in CC debt...I am a SAHM and do not work, & only own a car. What will happen if I do not pay?
first time using a bank card
Is it more difficult to evict Section 8 tenets from an apartment or something?
My local council are accessing personal information information about me from the DWP. Is this legal?
I want to work from home and make a good living. Any ideas
What does walmart do with their returned items?
Can we legally buy retail goods in the US and sell them in the UK
best all-in-one ecommerce platform
Does anyone know of any websites that let you post jobs and ads for free other then craigslist?
What is " SEO Urls" ?
If I take out a debt management plan do i have to include all of my debt
6 year old letter of recommendation
How do you put a bad debt on someones credit report?
Seasonal stockroom clerks
Can employers ask you to explain health issues during an interview
Do employers only call who you list to check previous employment??
Buying stock exchange
what is the total income per Annam for microsoft
How can i make my i.r.a. investment safe. i have close 600,000.00 and don,t know how to protect it in case my?
Whats it like working in Marketing
Why is it that only about 2% of the population who are actors actually make a good living??
Where can I fill out an application to work for Dunder-Mifflin
How do I apply for a sercurity staff position in Stansted airport?
Will the rising unemployment rate in Australia due to the global economic crisis affect my career prospects
Why is the dollar getting stronger against the Euro?
I don't understand this question
Difference between Law Clerk and Legal Secretary
if you file for SS how much can u make without penalty
I've completed The National Buying Survey conducted by British Market Research Bureau
what happens to my endowment policies if the insurance company goes into administration
I am creative and am well spoken. Do you have any careers that you could suggest to me?
What is the best credit card that gives you cash back?
How much should i charge for babysitting?
from where can i get appsc endowment 2008 results , please post to this is subbu_yeddula@yahoo.co.in
Help with applying for work placement!
Un-paid manual labour. Kidding right?? ?
Validation Emails from the Bank
What is your experience with "ODesk" website?
Ever lived in a basement apartment
If someone was working for the FBI or CIA, what would
I had taken a personal loan from a pvt bank 10 years back
Is this legal to fire someone with these problems?
how can we earn more money in short span
bathroom sink faucet forums , cold spray forums , exterior door locks forums , grab handles forums , lid stay forums , model ships forums , mosaic patterns forums , porcelain sink forums , shower designs forums , steel work platform forums , stone walls forums , tool grinder forums , wall coverings forums , credit center forums , consolidation of debt forums , cleaning ball forums , centrifugal pumps forums , canvas photo printing forums , bathroom vanity forums , barbed wire forums , bad credit forums , indoor furniture forums , home steam showers forums , green laser forums , electrical appliances forums , drilling rigs forums , diamond disc forums , pu products forums , porcelain tiles forums , pillar candles forums , photo paper forums , paint steel doors forums , out of debt forums , mortgage rate forums , metal buckle forums , marc jacobs forums , low price forums , light switch forums , light bulb forums , kitchen sink forums , wooden furniture forums , ventilation fan forums , tape dispenser forums , steam house forums , stainless steel casting forums , solar panel forums , solar light forums , shop fitting forums , sales credit forums , rubber mould forums ,

Do you buy, sell or service vehicles? Get cheaper car traders insurance

You can post new topics in this forum
You can reply to topics in this forum
You can edit your posts in this forum
You can delete your posts in this forum
You can vote in polls in this forum