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Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc.

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Old 05-13-2008, 10:02 PM     #1
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05-13-2008 10:15 PM
Join Date: May 2008
Location: mississippi
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Question who is right

today i had to go to court. my landlord of 7 years suied me for 500.00 plus
her court cost. it did not matter that my summons was taped to my door.
it did not matter i paid her a deposit. it did not matter i had written statements. it did not matter i never signed a lease or renters agreement.
it did not matter i had proof of a final light bill i paid. nothing i had or said mattered. she had pictures of damage she had wittnesses. she had 7 months to prepare, i had less than 2 weeks. i talked to a lawyer,paraleagel. everything they said i should do and did was wrong. i fully believe in what is right and what is fair. but it was a case of it aint what you know it's who you know. so now what? dnc
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Old 05-14-2008, 12:14 PM     #2
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07-15-2008 12:56 PM
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Location: southern OH
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Default Re: who is right

You received a notice taped to your door. In some states (like here in OH) that is a correct method of service. You'd have to ask the clerk of court what methods of service are legal there. If this method of service was incorrect, you can ask to have the sentence vacated for lack of proper service. They would re-serve you by the proper method and rehear the case.

You do not specify, so I can only guess that this was a hearing where the LL was pursuing you for a monetary judgement of $500 plus court costs. What was the $500 for? Was it for damages to a unit? Did you receive an itemized statement within your state's time limit of what your deposit was used for? This amount may have been for damages beyond the deposit amount.

Written statements are not very helpful in court unless they are notarized depositions. Otherwise, they are just info from a third party and are inadmissible in court. It would have been better to bring those people into court as witnesses, or to have photos to prove prior condition. A move in inspection sheet also can be used to prove that damages existed when you moved in and that you did not cause them. (You can see by your LL's actions that witnesses and photos make much better evidence in court for a judge.)

A lease or signed agreement is not required to begin a tenancy. If none is written, the government assumes one for you as a month to month agreement to protect you, and there are certain requirements you must follow (required notice to vacate, tenant's duties by state law, etc.) Did you give the required written notice to vacate as listed under your state's law?
Please list your state or area so we can give you specifics as to your requirements.

You mention a final light bill. Was that one of the damages listed on her suit against you? Did you verify through the power company that it WAS the final bill, and that no revised bill had been made after that (like correcting one that they had estimated)? Also, some utility companies run one or two months behind in their bills, you'd have to call the utility company and ask.

Please give me your state or area so we can look up laws specific to that area. You will have to verify the light bill with the utility company and verify that posting to the door was a correct form of service. If you can show that it wasn't, you may be able to appeal the case with the court.
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