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-   -   I think I am being wrongfully evicted (https://www.askmehelpdesk.com/showthread.php?t=62262)

  • Feb 12, 2007, 09:35 AM
    chillz
    I think I am being wrongfully evicted
    Hello my fiancée and I have lived in our apartment for 2 years when we moved in we notified our landlord that the wooden steps are very slippery due to moss well on halloween this year she fell down them while pregnant she notified him same day as fall and proceeded to hospital after months of doc appointments we contacted an attorney and filed complaints with the health department about the conditions of steps and apartment below us who have 2 dogs 3 cats and a skunk we are leased unitl 1/15/08 wel lwhen he got the notice of the lawsuit and notices from the health department to fix the problems he filed for eviction on just her not me we are current on rent and we have never had any complaints on us he is evicting her saying undesirable tenant can he even do this and what about me this is in pa and I plan on fighting this.
  • Feb 12, 2007, 09:52 AM
    excon
    Hello chillz:

    At the top of this forum is a sticky note where you'll find PA landlord/tentant law.

    In general, however, most landlord/tenant laws prohibit a landlord from retaliation. Look up the law, and be ready to tell the judge.

    excon
  • Feb 12, 2007, 10:04 PM
    totallycrazy
    Definitely go to that sticky. I am in PA also and he can not evict you without a valid reason. You MUST be in violation of your lease.
    Contact your attorney.
    If you don't have an attorney, look in your phone book for Legal Services!
  • Feb 13, 2007, 10:52 AM
    landlord advocate
    The lease is a legal agreement. Both of you signed and both would be written on the eviction notice. If all that you say is true and complete, there is no basis for eviction. Retaliation is against the law. If the landlord owes money on the property, the mortgage holder insisted on an insurance policy that covers accidents. Have your insurance company write and ask which insurance company covers the building and attempt to deal with them directly. They will in turn contact the landlord and hopefully settle the expense. As far as the eviction goes, the landlord is running scared and is reacting poorly. I hate to see you go to the expense of hiring an attorney to handle the eviction. Think about gathering all your cancelled rent checks together, doctor bills etc. and representing yourself. The landlord is misguided and should not win the eviction.
  • Feb 13, 2007, 11:28 AM
    ScottGem
    I would take a slightly different tack here. I would go to the "sticky" and get the law section that deals with evictions. Then I would send a letter to the landlord telling him that he has no grounds for eviction according to PA law xxx. Tell him that if he pursues the eviction, that you will counter sue for harassment.
  • Feb 13, 2007, 04:27 PM
    chillz
    Thanks all for the advice I will definitely take it I am going to fight this tomorrow at court I have pictures of the place all the copies sent to him from the health department I have the works I needed some re-assurance and make sure I wasn't missing anything I didn't think he could evict us for my fiancée suing him for personal injuries I will ldefinatly let the group know how it went
  • Feb 13, 2007, 05:15 PM
    landlord advocate
    Have your pictures done in triplicate: one for the judge, one for you and one for the landlord. Passing pictures back and forth takes time away from you proving your case. Don't be to wordy or the judge will cut you off before you have time to make your point. Stick to the evidence, not your opinion or details that do not prove your case. You'll do fine. Please be sure to get back to us, I know we are all interested in the outcome.
  • Feb 14, 2007, 08:25 AM
    chillz
    Case update it turns out I caught wind that this landlord has remolded this judges house so I fought for a change of venue and won it until the 21st I am now thinking of countersuing for harassment any advice on that let me know if not I will keep you updated

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