I rented a trailer for 2 years, told the landlord I was moving out. The electricity was in his name, not mine. Rent was paid up until the 1st of August. I got an eviction notice at the end of July, called the landlord and he said it was a mistake! I then moved out two weeks later.

Now he has filed a small claim trying to sue me for back rent. The thing is, sometimes I gave him a check, sometimes I gave him cash. I do have a handwritten note he gave me stating I owed 350.00 in rent and also electric, but the electric is in his name, not mine! He now says it is 900.00 in back rent! BS!

There was never an agreement in writing and I never got a receipt. I know how stupid this sounds but I am 23 and this was my first rental.

I decided to move when he offered to take the rent out in trade.

Scout

Does he have a case?

Sure he has a case since neither of you have anything in writing. If it went to court it would be his word againist yours. He probably knows this too so I'd wait him out to see if he really thinks he can win in small claims.

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Originally Posted by ballengerb1

Sure he has a case since neither of you have anything in writing. If it went to court it would be his word againist yours. He probably knows this too so I'd wait him out to see if he really thinks he can win in small claims.

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I have a paper he gave me stating I owe $350.00 in back rent, he wants electricity too but it was not in my name, can he win?

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Originally Posted by scout11

I have a paper he gave me stating I owe $350.00 in back rent, he wants electricity too but it was not in my name, can he win?

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Also, he decided to evict me after I told him I was moving! I was there for 2 years and always paid rent. Sometimes it was late sure, I am a kid but I always paid.

The paper is worthless unless you signed it and gave him a copy showing you agreed to the debt. He won't get the electric paid unless he sues you and wins, doubtful.

You did not say how long before Aug 1st you gave notice, must be 30 days since you are a month to month tenant. If paid until Aug 1st and you moved two weeks after the eviction notice then you owe another months rent even though you only stayed 2 weeks, you owe for the month. Let him sue you, he has no proof of anything.

Quote:

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Originally Posted by ballengerb1

The paper is worthless unless you signed it and gave him a copy showing you agreed to the debt. He won't get the electric paid unless he sues you and wins, doubtful.

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OK, so what should I do? I am suppose to be in court on OCT 6 but I can't afford an attorney. If it rules in his favor, will they arrest me? Garnish wages? This guy is pissed off because he wanted to "take rent out in trade" and I decided to move. I gave verbal notice, (dumb) but if this old jerk wants to hurt me, can he?HELP!

I told him the 1st week of July, he evicted me on July 28th. He gave me two weeks, he had my security deposit, so that should be the last months rent.

This is the first mention of court, got any more surprises for me to consider? Go to court, even if t you do not win they will not arrest you. A judgement may be put on you if he wins but that is another story in collecting. What are your states laws about garnishment of wages.

What state are you in?

I stated in my first post that he filed a small claim. That is the only surprise! I will have to check the laws here in Florida about garnishment and get back.
Thanks

Florida

Debtors' Rights in Florida Are you the head of a household?

No

Too bad, in FL the head can't be garnished.

So, I am a student, I am a waitress, so he can get the court to garnish my wages when he has no proof of non payment? He can say anything and screw me over when I am just a kid and he is an ?

Thanks for all your help.

He can say almost anything but the judge is no dummy and has seen this all before. The judge may feel that a landlord who doesn't give recipts or have a lease is just a big fool. You stand a fair chance and actually have little choice at this point since you have your court date. Consult a local attorney to see what they think and what they might charge.