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Tennant eviction when Landlord in wrong Retaliatory Eviction

Discussion in 'Other Residential Landlord & Tenant Issues' started by ThatLady, Apr 18, 2014.

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  1. ThatLady

    ThatLady Law Topic Starter New Member

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    I'm disabled, on Section 8. First inspection showed12 failures. I paid to gave 10 repaired, so they would pass next inspection. Landlord had two repaired. Landlord continually called ne, prompting me to sign Section 8 documents. I could not, as I had a few doctor appointments. Next day/night, we had massive rain. Basement leaking badly down 3 of walls, up from floor, also. Water draining from ceiling light/exhaust fan in bathroom at 4 AM.
    I was scheduled to sign Section 8 documents next day. I did not. I explained why. I added all the other reasons: Landlord said living room, dining room hardwood floors would be refinished, all oaint, dirt, etc. removed. Landlord stated entire house, inside, would be painted, Off White, in color. Landlord stated all cabinets in kitchen would be painted inside & out. Landlord stated hallway would be carpeted. Landlord stated threshold strip would be replaced. Landlord stated screen door would be replaced. NONE of these items listed were done. NONE. With that now being known, that truly showed me, without any doubt, that this property was owned/managed by a person who does not care about their property or tennants.
    I had CITY CODE VIOLATION Inspector stop by and look. He said that one basement wall is bulging outward some & sump pump is directed UPWARDS outside, thus water, & water line (green on concrete wall outside) shows where water sits and runs directly back fown through basement walls.
    The basement leaking, flooding, & water coming from light/exhaust fan in bathroom are VIOLATIONS with Section 8. They were not noted day of that particular inspection due to NO rain.
    I assured Landlord our family would NEVER have moved in here IF I'd had known I was going to be MISLED & lied to, AND so MANY violations, etc.
    I told her we would be out BO LATER THAN MAY 1, 2014. I had to locate, yet, ANOTHER home that would be able to accept Section 8, as well as our family, etc. She was not satisfied. She wanted money. Rent money. Section 8 documents will not pay, as I did not sign contract & they gave me a 30 day extension to find another home to reside. I did just that. Sadly, it will not be ready until 5/1/2014.
    She filed for eviction. I certainly do NOT have rent money. I would NEVER have moved in here. I had to pay about $300 for the rental truck, gas, etc., etc. That is A LOT of money.......for me.
    I certainly do NOT want *EVICTION* connected to my name in ANY way. None.
    I am prepared with a LONG LIST of all the items she did NOT fulfill. I'm NOT an attorney.
    I now have learned that the Landlord owns approximately 40 other rental homes, all treated the same way. I've learned quite a bit about her, personally. I need help. I need help in knowing HOW to present MY SIDE, and how MY SIDE is quite different than most cases of eviction.
    Please give any and all advice you can.
    So many people are wanting this Landlord to lose or at least be seen for what she really is.
    Thank you for your time.
    I greatly appreciate it.
    PS Court is scheduled for 4/24/2014.
     
  2. army judge

    army judge Super Moderator

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    We don't get that involved with our posters. We can't coach you. We might offer a tip or two, but we don't do your entire case.

    All I can say is tell the judge about everything you're allowed to present.

    Stay focused, just the facts, and be ready to prove all of your assertions.
     
  3. ThatLady

    ThatLady Law Topic Starter New Member

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    Thank you, Army Judge.
    One quick question, please.
    In this area in which I reside, sadly, the sitting Judge finds for the LANDLORD 99%owns of the time.
    Are there ANY CASES (Indiana), etc. I can state while presenting my case to basically force him to lean MY way? I've searched. No luck. I can't speak with any attorneys on short notice.
    ANYONE?? PLEASE??
    Thank you.
     
  4. army judge

    army judge Super Moderator

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    Rulings favor landlords because a lease is essentially a contract.
    If you owe $500/month, failed to pay for 6 months, it's a simple failure to pay case.
    It doesn't matter to the court WHY you failed to pay.
    That's why eviction courts appear to favor landlords.

    A tenant might have a few defenses, but they tend not to overcome the failure to pay, as in my example $3,000
    A few offsets might be allowed, but not dollar for dollar.
    Why?
    Because as bad as tenants say the unit was, nevertheless they stayed put.
    They failed to pay, yet they stayed.
    That's not bias, that's elementary contract law. You agreed to pay, you failed to pay, and you have no proof you did pay, but you stayed in the bad unit.
     
  5. ThatLady

    ThatLady Law Topic Starter New Member

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    Dear Army Judge

    THANK YOU
    for all your time &time effort.

    Seems I forgot to mention something very important.
    Landlord signed all paperwork/contract/lease with Section 8.
    I, however, signed NOTHING.
    No lease, no contract.
    The only item I signed was with Section 8.
    That stated that I would like for said rental property to be inspected.
    After discovering leaking basement AND water leaking from roof into bathroom ceiling light/exhaust, I refused to sign lease.
    So, at this point, since I have signed NO LEASE, NO CONTRACT, I am wondering, how will this judge, or any, decide for this case?
    She lied, nothing repaired, replaced.
    Yet, I haven't signed anything.
    VERY confusing, to say the least.
    Langlord instructed me to rent moving truck, switch utilities over to my name (which I did)
    I've wanted to move out the same day we moved in, yet the other home I located for rent is NOT available until 5/1/2014.
    Any changes in thoughts, now??
    THANK YOU.
     
  6. army judge

    army judge Super Moderator

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    You don't need to sign a lease to have a leased property.
    In your case, your lease was a creature of state law.
    Google statute of frauds, if you want to know why property transactions must always be reduced to writing.
    And, if somehow the parties overlook small details, the legislators have your backs and bellies.
     
  7. ThatLady

    ThatLady Law Topic Starter New Member

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    Thank you very much, Army Judge.
    The Landlord literally just came to the door, pounding, as I was typing this.
    Amazing. Being loud, stating she is giving me notice that she will be back in 24 hours to take photos, as she simply KNOWS that we've damaged this home. RIGHT!! LOL. No way. That's never happened, never will. I have no problem allowing her to come inside with her mon, etc. However, I do feel I should have a neutral party here, as well. Not sure who that person should be. Sad. These crazy events has really affected my health, etc. Seriously. I'm disabled. I'm trying to PROTECT myself, my name, etc. from all of the horrible acts I've heard about that family. Not really sure what to do at this moment. Never thought ANYTHING such as this would EVER occur. My health continues to decline. That is another reason, I so greatly appreciate you replying to my questions. At the end of the day in court, a few days away, I'm trying to figure out if that *tainted* word, EVICTION will be attached to my name. I'd appreciate ANY thoughts you have on the 2-3 topics I've just touched on.
    I do apologize for being such a *pest.*
    I simply have no one else, at this point, to turn to.
    Just WISH this would've been a nightmare.
    THANK YOU.
     

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