is the eviction document legal if...

navz22 · Feb 25, 2005

I wont go into too much detail and instead try and get to the point...long story short, my roomate and I refused to pay rent (we put the money in escrow) due to mold growing in our apt and the rest of the place falling apart. The city was called by my last roomate and after inspection, the landord (I received a copy) a list of 30 semi major to major sitations. He choose to evict us (even though he and I had a verbal agreement stating that once I saw a good faith effort of the work being done I would pay the rent).

My question is as follows, We were served with eviction papers, HOWEVER The papers have my roomates name listed correctly but mine isnt, he has gotten my first name right, but he sued someone with the last name of Hedges (intended to be me) but my last name is Knowles! Is this going to affect me? Will it make it to my credit report? There is no identifying information about me on the suit...ie social security number or anything. (I attempted to file a Motion to Quash but didnt get the papers in time to do so).

Thank you for your time and consideration
ET1 (SW) Knowles, USN

Michael Wechsler · Mar 26, 2005

Does the summons also include parties called "John Does?" Those are typically names used to evict tenants for whom their name is uncertain. What exactly did you do -- abate the entire rental amount? Did you offer to pay a partial amount? Do you have pictures of how bad the mold has gotten?

From what I have seen it is more likely that if you are willing to pay a certain percentage of the rent as an abatement, you will not be evicted. I can't promise this but when there is a good reason (and not just because you didn't feel like paying and this mold story is basically a poor excuse) the tenant is able to pay the reduced amount and the parties continue the current agreement.

navz22 said:

I wont go into too much detail and instead try and get to the point...long story short, my roomate and I refused to pay rent (we put the money in escrow) due to mold growing in our apt and the rest of the place falling apart. The city was called by my last roomate and after inspection, the landord (I received a copy) a list of 30 semi major to major sitations. He choose to evict us (even though he and I had a verbal agreement stating that once I saw a good faith effort of the work being done I would pay the rent).

My question is as follows, We were served with eviction papers, HOWEVER The papers have my roomates name listed correctly but mine isnt, he has gotten my first name right, but he sued someone with the last name of Hedges (intended to be me) but my last name is Knowles! Is this going to affect me? Will it make it to my credit report? There is no identifying information about me on the suit...ie social security number or anything. (I attempted to file a Motion to Quash but didnt get the papers in time to do so).

Thank you for your time and consideration
ET1 (SW) Knowles, USN
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is the eviction document legal if...

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