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Wrongful evicted Eviction Defense

Discussion in 'Eviction, Recovery of Premises' started by Addams, Oct 24, 2020.

  1. Addams

    Addams Law Topic Starter New Member

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    Jurisdiction:
    Alabama
    My 71 mother and I are being evicted for back rent December 2018- Feb 2020

    We have bank statements proving we paid. They had court without telling me or my lawyer (lawyer is free from state but she's not very helpful.)

    We had another trial.
    during the trial the opposing attorney tried in enter new dates not listed in the case (which illegal without filing an ammendment with the court.)

    Well the judge ruled in favor of my landlord despite ME having solid proof. From the start of the filing of the eviction paper work. Feb 2020 my landlord refused any rent from me.

    Now they are saying i own back rent on top of the fake back rent. I have proof they are lying. But my lawyer says i can't sue them for fraud or emotional distress because i don't have the right proof. Is any of this true?

    She doesn't even won't to try and appeal she thinks we should just pay them.

    What should we do. Can we sue them?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Sure, you can sue. There's just no way to predict whether you'll win or not.

    I think, though, if you've been living there since Feb 2020 without paying rent, then the eviction is not wrongful.
     
  3. Addams

    Addams Law Topic Starter New Member

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    We didn't pay this year because they refused any money from us because they started the eviction process for a fake eviction.
     
  4. army judge

    army judge Super Moderator

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    Your original post indicated that NO rent has been paid from December 2018 through February 2020.

    I don't see that you have any valid defenses.

    The pandemic delayed the inevitable, which began for you almost TWO years ago, prior to the pandemic and eviction moratoriums.

    I suggest you pay the rent owed, or begin seeking new living arrangements.

    Based upon your admissions above, you have no defenses to NOT paying rent for two years!
     
  5. mightymoose

    mightymoose Moderator

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    How was payment offered, and how was it refused?
    If it was refused then you should still have it, right?
    You are going to owe for any month or portion of a month that you occupied the residence. If you have evidence that rent was paid for any month then used that to reduce the amount they are seeking.
     
  6. Addams

    Addams Law Topic Starter New Member

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    They are wanting money that's been paid and we have the bank statements we have proof. In February we tried to pay the rent by check like always. They came to my door the next day said they started the eviction process and will not take ant more rent.
     
  7. Addams

    Addams Law Topic Starter New Member

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    You don't read the whole post.
    I said , they are saying we didn't pay but I have bank statements showing they cashed my rent checks.
     
  8. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Clearly you didn't read the judge's order. He/she seems to think you have no such proof. At least according to what you wrote.

    Because judges don't evict people for failure to pay rent when it has been shown they did pay rent.

    That leaves the question, why did the judge not accept your evidence?
     
  9. army judge

    army judge Super Moderator

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    Did you present in court the actual PAID (items themselves) checks?

    A bank statement indicating "Check 2222" wouldn't cut it.

    Copies of checks (as in PAID items) would be necessary to prove the rent was paid.
     
  10. Addams

    Addams Law Topic Starter New Member

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    We have the statements and the cheaks. He Took 3 mins and came back. Never gave a reason
     
  11. adjusterjack

    adjusterjack Super Moderator

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    How long ago was the decision.

    Did you immediately file an appeal and ask for a stay of the eviction?
     

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