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need the right answer | My landlord evicted me for no reason and i was on medical leave of absence? |
rented month/month rent for 16 months (texas)the 16th month landlord took matters into her own hands and told me i had 30 days to get out cause she needed to move back in.rent was paid and i have receipts bills under her name paid(that was her choice) and i have receipts.she didnt take the proper actions by law for the eviction, i was on medical leave of absence and asked for more time ,she said no. i moved out in time but left the last months bills(in her name ) unpaid. shes taken me to small claims court for the unpaid bills.whose liable for the unpaid bills? she paid the rent,she refusedto let me pay it. i feel i was illegally put out for no reason , the move causes my leave of medical absence 2 be extended, i was emotionally and physically stressed out. i had no money cause i wasnt working .. can she legally get away with this .. Additional Details she wanted me out cause she was receiving food stamp and social security for her and her 14 yr old drug daughter, she 14 now ..12 gave birth ..and the daughter threaten to turn her mom for fraud, not reporting the man she lived with at his residence ,his earnings.o yeah and this dead beat mom allows her 14 yr old to date a 21 yr old freak, drug'ee also.. i think i have this one won. i have witnesses that will testify what i am saying is true. just wanted someone else opinion..thank you |
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supernatural5329
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The key to this is in the lease. Consult with a lawyer if possible. The lease agreement that you signed should have the terms of your rent. It should state the terms for eviction in the lease. If she violated the terms of the lease, you've got a case against her. If this is the case, you should countersue for emotional and physical stress she caused you. In this case, bring the lease and receipts as proof. If she refused to allow you to pay the rent, then this is clearly a case of revenge for some imagined wrong.If you do go to court, I recommend not slandering her, her daughter, or anyone else. Judges do not like this. |
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Craptacular Wonderment
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I'm not meaning this is jest.. but you should call Judge Judy's show and let her sort it out.. ( that is if you want to be flown somewhere and put up in a hotel at the agencies expenses )...
Otherwise.. call legal aide if you are scrapped for cash and see if she owes you anything for it all.. there are legal loopholes for landlords.. and she may have tricked you into every one of them by keeping everything in her name.. I hope you have enough receipts that show where you paid her for exactly what she said she has been paying all along... otherwise you may be S.O.L. |
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mizzerymachine78
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I would definitely recommend at least talking to a lawyer. You never know what kind of marginal legal advice you are going to get in here. Sorry this happened to you, your landlord sounds like a real b*tch. |
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boomer
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I'd have to see the contract made between you an your landlord (write or otherwise), but under those circumstances I'd have to go with no she can get away with it and you should contact a lawyer and take her to court. |
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Richard H
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you can take her to court. But since you had a month-to-month rental agreement, that means that your landlady can evict you at any time. |
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gemlover
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Each state has different laws governing tenants rights. I would look up your state tennant's right association, and contact them.
What is of particular importance in your situation is that there was no lease. Month to month rental scenarios are governed by different statutes.
Good luck!
Rig,
Thanks for adding the location detail.
First, a great many states have a '30 day notice' for eviction of month-to-month renters, as law. In such states, landlords are not required to jump through the hoops for eviction of month-to-month tenants, as is the case where a lease exists.
The fact that you were subletting, with no written agreement probably further hurts your case. How far in advance was the rent paid? And, how much were the outstanding bills? If they are within the same ballpark, a judge will probably call it a wash.
Subletting hurts you because she is not the property owner, and without an agreement, you cannot even prove that she was your landlord, and not your house-mate. She could say that you and she were house-mates, and that in lieu of rent, you agreed to pay the utilities. She could state that she rarely slept there, because she stayed with her boyfriend most of the time. Do you see what I mean? How can you prove your case? I'm playing devil's advocate here to help prepare you. By this time, she's probably concocted a deeply spun tale to cover her tracks regarding the daughter's threat.
If this goes to court, and the fact that you lived there (alone) for many months is entered into evidence, the court will likely rule that the utilities consumed were for your benefit, and are therefore your responsibility.
*** Did you pay her any security deposit? If so, the court could rule that the unpaid bills be paid from the deposit funds. If not, then unless you get a sympathetic judge who sympathizes with your situation, then you could be ordered to pay the outstanding bills.
As far as suing her for damages ... it doesn't sound like she has any assets. She's a renter, so no property to attach a lien to. And, she's a recipient of financial aid, so no wages to garnish. The court will acknowledge that you cannot get blood from a turnip.
It's impossible to predict how things will turn out in a courtroom. Given your description of her, I would imagine that she will lie through her teeth in court. If she's a very skilled liar, then the court could rule in her favor on both counts.
If I were you, I would try to negotiate this outside of court. Use the evidence that you have of her welfare fraud to sway her to withdraw her petition. Then, turn her in for defrauding the system!!! |
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DejaVu
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It definately sounds like she is in the wrong, especially if you were paying the rent on time. I think you probably shouldn't have left...was there an eviction court proceeding? Her saying get out and being evicted are something altogether different. I think you should definately see a lawyer. Good luck |
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Uh Yeah!
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Because the bills are in her name, she is responsible for them, regardless if you said you'd pay for them or not.
You can tell her to go pound sand, and then counter-sue her for legal costs.
Get a lawyer though.. and then sue her for court and legal costs. |
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kendra
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Call one of those lawyers who offer a "free first consultation" unless you have money for a good lawyer. You are in the right, they would have no chance in court if you have records of everything. |
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Alieoop
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definitely consult a Lawyer. Most of them have free consultations, so you can at least go from there. In most States there is also free legal services that you can turn to. I would talk to someone regarding your situation because from what it sounds to me you have the rights. Fight girl!!!! |
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&pickles; penis envy &pickles;
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let's lynch the landlord... |
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mdabdullah_69
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dont ask go to the person called LAWYER they are there for that |
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taco killer
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if you wont I can kill her for you:) |
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alternate_dealer
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Move to California and you'll have plenty of tenant rights.
I don't know anything about Texas. |
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