October 30th I received a 30 day notice DATED OCT 30th which is legal for a month to month lease. LL stated that he just wanted to take back the premise. (Basement apt. in house.) NOTHING in that letter was stated about non payment of October rent. Long story short, the health dept. issued the LL a citation for 11 leaks in the ceiling going on for a year. On Nov. 3rd, I received a 3 day pay or quit. That letter stated that I didn't pay OCT. or NOV. rent. I always had till the 15th anyway to pay. It's obvious why the LL was trying to get me out asap. There is now a judgment against me because neither me or the LL had receipts. What I don't understand is how the judge could rule against me when I showed him the original letter DATED OCT 30th with NO indication that October rent was not paid. BTW, that letter was asking me to leave by end of November so obviously if I had owed October, it would have been mentioned in the OCT. letter.

The judge said I will have to pay $1600 for Oct and Nov but if I take the credit from the security deposit I gave LL, then I will have to pay $800 only. How nice. I do not owe a penny but there is a judgment against me. Would it be of ANY help to me to take LL to court asking for security deposit back. I know this sounds ridiculous but I need to try ANYTHING. I could not appeal it in time. I cannot understand why the judge did not see what was written in black and white in the letter dated OCT 30th.

Thanks for any advice.

The landlord has so many days to either give you your deposit back OR give you a list of damages he is deducting and any difference.
For example, deposit $800. Minus $100. For damaged wall, $80. Cleaning service, $200. Replace a rug and a check for $520.
I think it is something like 15 days from the day you move out.
If he does not then I would call and ask him what he plans to do with your deposit? Is he counting it toward what you owe him? If so you want it in writing. Also mail him a request by certified letter or something that proves he got it.

Thank you. I'm pretty sure that my judgment would go from $800 to $1600. I really don't owe a dime and still don't understand why the judge didn't see that there was clearly no mention of me owing any rent, especially Oct, and that letter was dated OCT 30th. If the LL thought I owed OCT rent, why would he give me until Nov 30th to get out and why would he not mention that I owe rent until the sudden NOV 3rd letter?

Did it state in the eviction notice WHY he wanted you out by Nov 30?

The letter dated OCT 30th stated he just wanted to take back the premises. It was a month to month lease so I know that's OK. (He also knew about the health dept at this time). Once he received the citation from the health dept on Nov 1, I suddenly received a new letter dated Nov 3rd. That was the 3 day pay or quit stating I didn't pay Oct or Nov rent. Both were paid. I know it was a HUGE mistake not to have receipts. Naturally when I asked, he said he had to talk to his lawyer. The point is, in the letter dated OCT 30th, there was no mention of past due rent which there should have been if he REALLY thought I did not pay. I don't know why the judge didn't see that. That judge gave me till end of Nov to leave and just said if I stay thereafter, I would have to continue to pay. At least he didn't make me leave in the 3 days but why didn't he see that I did not owe any rent especially with the FIRST notice and no mention of rent... Thank you for your help

So you paid him in cash?
What did the Judge say about the conditions that the board of health cited him for?

Yikes. Here's the tough part. I didn't have the copies from the health dept. until AFTER the hearing. I do have the copies though. I couldn't appeal it in time. I wrote the judge asking for a new hearing and he basically said no since it was litigated already. We live and learn but I had/have pneumonia and couldn't do much in time for the hearing. I just knew I had to appear. Maybe there's still another route I can take. It's just so obvious why I suddenly received a new notice on Nov 3rd suddenly stating I owe rent. The judge should have at least drew it down the middle since the LL had no receipts either. He also should have seen that Nothing was stated in the 1st letter dated oct. 30th about past due rent. The 30 day notice was OCT 30th then suddenly on Nov. 3rd came the 3 day pay or quit. I also found tape recorded messages I had with my LL but I guess it's too late.

I am not sure about this but someone here will correct me if you can not do this. If you are to pay rather than it being garnished from wages or something let him take you back to court and then maybe you can show your evidence and get the Judge to see what he is pulling if the Judge is willing to hear you.
Also in the future pay with money orders or checks so that you do have a paper verification.

That was another question. I read that a debtor may file a motion to a court for an order denying the use of any postjudgment enforcement procedure including the use of income execution. Do you know anything about that.

Thank you so much for your help. I actually would love if the LL would take me back to court somehow so that maybe, just maybe the judge would hear me. Thank you again!