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wrongful eviction

Discussion in 'Other Residential Landlord & Tenant Issues' started by notfair, May 7, 2008.

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  1. notfair

    notfair Law Topic Starter New Member

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    Management of my building had me arrested and while I was incarcerated, they managed to have me evicted. What happened was management called the police and told them I was drug dealing out of my apartment. I was not or ever have been dealing drugs, from my apt. In fact I wasn't even home when I was arrested. My room-mate was cought weighing drugs on a scale when the police walked in on him. He told police that the drugs were mine, They obviously believed him, I was the one arrested. My room-mate was never arrested. There were no drugs found on my person, yet I was incarcerated for approx. 30 days, and never convicted. While in jail for 30 days, management of my building had me evicted for the sale of illegal drugs, although I was never convicted of such crime. Upon my release I went to my apt. only to find out, not only was I evicted ,but I had been 86ed from the building. I couldn't even pack up my own property. Was this done legally? Could I appeal this eviction? And how much time do I have to file an appeal?
     
    Last edited: May 7, 2008
  2. jacksgal

    jacksgal Super Moderator

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    You were in jail for 30 days? What was outcome of your court case? Did you plea bargain? What was the 30 days for?
     
  3. notfair

    notfair Law Topic Starter New Member

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    the 30 day was a violation of probation. thats an automatic 30 day jail sentence. for anykind of police contact.
     
  4. jacksgal

    jacksgal Super Moderator

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    Even if you were not one selling drugs there were drugs for sale in your dwelling. Not only that a witiness states you were selling. This gave Landlord grounds to remove you (for breach of lease I suspect)
     
  5. Duranie

    Duranie Moderator

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    Your eviction is the least of your problems since now you are probably facing drug possesion charges. They probably had the right to evict you since drugs were being sold distributed out of your apt.

    You had to have known your roommate was doing this? If you are on probation and rooming someone with a possible criminal record and is involved with drugs, you are opening up yourself for a bunch of problems. Did you probation stipulate that you were allowed to live with someone with a criminal record?
     
  6. jacksgal

    jacksgal Super Moderator

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    I doubt this was an eviction and it was a notice to vacate. An eviction could not be done within 30 days
     

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