Am I going to be forced to move? I'm 57 years old lived here 20 years.

[myemailmj]

The house is in litigation.My mother owns 90 percent the guy she tried to sell it to owns 10 percent.He tried to force evict me may 2011 by turning the water and electricity off with no notice.He had took a punch at my son and said pay rent or i'll kill you but the rent issue was between me and the 10 percent owner and i have paid my rent all the way until may 2011 when he had turned the water and electricity off.All the food went bad etc.i lived with out both for a month.Both water and electricity are now in my name and thats where my rent goes and rent from the other 2 tenants now go to my mother.I have a summons to see his attorney stating i owe rent from may 2011 until now to the 10 percent owner after receiving a 3 day notice .Any legal advice would help? I am from rapid city,sd

[AFFA]

I wish to inform you that you can object your eviction on the ground that you do not owe any rent. In this regard you can argue that as electricity and water was turned off therefore this has caused huge loss to you and the rent for the month due is being set aside with your losses. Further you can calculate your loss and give a notice to 10% owner that he must compensate. A landlord cannot turn off lights or water for eviction and hence the wrong act has been initiated by 10% owner. Further you can argue that you are staying in your capacity as family member of owner. As your mother is owner thus she has ownership right and 10% owner must first get the property partitioned to determine his share and then eviction.

AFF

[Friend In Court]

Originally Posted by myemailmj The house is in litigation.My mother owns 90 percent the guy she tried to sell it to owns 10 percent.He tried to force evict me may 2011 by turning the water and electricity off with no notice.He had took a punch at my son and said pay rent or i'll kill you but the rent issue was between me and the 10 percent owner and i have paid my rent all the way until may 2011 when he had turned the water and electricity off.All the food went bad etc.i lived with out both for a month.Both water and electricity are now in my name and thats where my rent goes and rent from the other 2 tenants now go to my mother.I have a summons to see his attorney stating i owe rent from may 2011 until now to the 10 percent owner after receiving a 3 day notice .Any legal advice would help? I am from rapid city,sd

You need to see a real estate lawyer right away because of not only the urgency of your situation but the defenses that need to be legally asserted to stop this guy. His turning off water and electricity is beyond the pale it is so illegal.

Besides you have been sued and you need an attorney to properly defend. The eviction will go forward unless the right defenses are asserted. And immediately. His right to evict would be the first question -- his standing to sue -- because he is only 10% owner and the 90% owner, your mother has not joined in. Why your mother has allowed this guy to run amok is another question I have. Her passivity if she is not in agreement is hurting you and everyone else.

So get a lawyer immediately. One who practices real estate law.

[myemailmj]

I also found it illegal that he threaten my son to pay him rent and then said my son made a oral agreement with the 10 percenter in the summons to see the 10 percenters attorney..am i wrong? Isn't that like extortion? My son made no oral agreement.The ten percenter attempted to hit him and said pay rent or he's dead.

[Franklin]

I would take a look at the contract that the 10 percent holder and the 90 percent holder has between them. That should clarify whether the person trying to do the evicting has a legal right do so. I wouldn't think that he would. If anything, he would be able to only collect 10% of the rent since he only owns 10% of the house.

I would get an attorney. Quick.