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OH landlord
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| Joined: | Wed Sep 12th, 2007 |
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| Posts: | 506 |
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Posted: Tue Jul 1st, 2008 12:28 pm |
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Forget the LL's stuff in the basement. The eviction was ordered for non-payment. That is the issue you need to address and not the property issue. Since you have already moved out, that issue is irrelevant now. Proving a breech of quiet enjoyment cannot help you in the eviction case. Who violated what lease clause isn't an issue any more. Only non-payment is at stake. Concentrate on what is important.
You need to appeal the eviction and subsequent judment by stating to the court that you did not receive proper notice of the hearing and were therefore not afforded the opportunity to defend yourself against these issues. Ask that the eviction and judgment be put aside and a new hearing be scheduled. Ask that garnishment be abated until such time as that hearing is held. Did you attend the eviction hearing? Did you present evidence that they closed the account that rent was directly deposited into without notice to you? If you attended the eviction hearing, you will probably be unable to have the eviction set aside, but you may still be able to have the judgment put on hold for a new hearing. File this with the court immediately.
Then you need to build evidence to show that you did not damage the property. Although a walk through was not done with you, the LL may have done one after your left. (It is common not to do a walk through with an evicted tenant.) Did you take photos of the condition of the unit prior to moving out? Have any witnesses (impartial ones) who could testify as to the condition of the unit when you left? Have any receipts from cleaning carpets, buying supplies, or having a service clean the unit? Get your evidence together and prepare for the new hearing. Make sure you attend! Good luck.
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McCains
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| Joined: | Sun Oct 29th, 2006 |
| Location: | Oregon USA |
| Posts: | 69 |
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Posted: Sat Jun 28th, 2008 10:14 pm |
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You should go to your bank and get a letter from them that thay stop the rent.and have all the papers for the last 2 years that rent was payed on time.
Did you ever send them a letter tilling them to give you a 24 hour notice before comeing?? the more you have in wrighting the better just reamber that.
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mdtenant
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| Joined: | Mon Jun 23rd, 2008 |
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Posted: Mon Jun 23rd, 2008 12:30 pm |
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A Landlord that I was leasing a property from has made numerous viloations that have been documented. First of all, when we moved into the property, they were still occupying the property. we had to help them move their belongins to the basement. Where over the next few weeks, they would show up, unannounced at thimes to retrieve items of from the basement. Later, this turned into a completed mess, where we demanded that they move there personal items from the property. This aslo was stipulated in a seperate addendum, as was the automated payment of the rent into a checking account of the landlord's choosing. Form that date, we have been in, and out of court for various issues dealing with this landlord (approx 6 times). We even filed suit against them in Maryland Circuit Court, but the case was dismissed because I had a health problem, and did not make the court date. Shortly afterwarss, the landlord sued us. They did so by closing the account that we were paying our rent, and then took us to court for Breach of Lease (Non-Payment). The rent had been paid this way for the last two years, never late, and always correct. But this was the ploy to eveict us from the proerty, which was carried out in Landlord Tenant court, and the eviction was ordered. We moved out before the eviction, and asked the landlord to do a walktrough, which they refused. They then claimed we damaged the property anf sued us for and astronomical sum. We missed the court case becasue we were given the wrong date, and a default judgment was ordered. Now I am fighting the judgment by appeal, but the writ of garnishment has been granted.
I need some help in fighting this case. I know that the lease was first breached by the landlord. Is there any case file or referecne point that I can use in my appeal to state that the breach was initiated by the landlord. Also, during the period of time that the landlord was in and out of the property retreiving personal items, she entered the propoerty with a key, without prior notiice or authority. I have read that that constitutes a viloation fo "Quiet Enjoyment". Can we use the defense as well?
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