Tenant-Landlord Rights (Eviction)

What information could help me in stopping an eviction when the reasons that I have available to stop the eviction is because the landlord has made a
negligence towards the property itself, meaning the responsibilities to
maintain the property in suitable living conditions for the tenant? I have
paid for all repairs since the first day I occupied the residence. Also, the
landlord has the deposit and therefore we only have a month\'s rent due.
Please help me determine the best solution for this case. Thank you so much.
Have a wonderful day!

You can send me an email at: xoChik3ox@aol.com

[OHlandlord]

First, you will need proof of the needed repairs. (Photos will do.) Second, you will need proof that you requested repairs be made and that he received these requests. (Did you make a written request for repairs each time and send it to him by certified mail, return receipt requested, and keep a copy for yourself? Calling him cannot be proved in court.) Third, you will have to prove that you allowed the LL time to make these repairs before it is considered negligence. Normally emergency repairs (you CAN call for these) need to be started within 48 hours, other repairs need to be started within 30 days, items that are deemed cometic need not be fixed during your tenancy. Did you do these things before you repaired yourself? I hope so. Failing to do these things before fixing it yourself can make your repairs unapproved and unwarranted. You can be charged for the unapproved repairs you made.

Did you rent withhold or repair & deduct for these repairs? Did you follow your state's rules for these remedies? In rent withholding, you have to pay your rent to the court or their approved account on the day it is due. Did you do this? If not, you did not rent withhold, you merely failed to pay the rent. In repair & deduct, you must do the above notification steps, then pay for the repairs yourself, subtracting the amount from the rent and sending the LL the receipt for those repairs? Did you do this?

If you do not have this documentation, it will become a he said/she said argument in court and you will have little defense to an eviction. Failing to pay rent (why are you 2 months behind) and having no proof of repair requests will give you no defense to an eviction case.

Finally, your thinking about the deposit is wrong. The deposit is not to be used for rent. By law, this money is to be held by the LL for any damages that occur in the unit. It does NOT pay the last month's rent. If you currently owe 2 month's rent, that is how much you owe (not 2 months - the deposit = one month owed). Only if there are no damages to the unit, can this money be applied toward other (monetary) damages such as unpaid rent. It cannot be used before you move out of the unit under any circumstances. So it cannot be applied towards your rent.

Can you provide me more information about your circumstances? If not, there is no way to defend yourself from this eviction.

Thanks for the quick response. Actually, I did not hold any receipt of the requests since they were made by phone. Although, I do have some receipts for the repairs that were done, but the house has so many problems from termites to electrical problems that I was unable to fix alot of these issues. I didn't think ahead that I would need proof of her receiving these items because up to now I was not presented at court for eviction.

So, I practically made the repairs for the sake of my children. Also, I was not aware that she would take me to court knowing all the repairs and cleaning that I've made since day one. I had to do everything in the house from painting to cleaning and fixing things that were actually her responsibility as a landlord. Now, since I've come to terms that I will unlikely win this case due to little proof of evidence.

Is there any way to have the case hold for about a week or so? That way I have time to move at least because I have babies in the house and I recently received the residential eviction summons.

Note: The court has specified in the residential eviction summons that I may write a letter if I want to motion the case.

Thank you in advance!

[OHlandlord]

What reason did she use in the eviction paperwork? You can write a letter disputing the reasons, and show up in court to plead your side of it. Maybe the judge will believe you even without the written requests. Show any receipts you have and ask for more time to move your family. In some areas, you can also the clerk of court to postpone the hearing to a later date. Can't hurt to try. Good luck.