[acenjas]

My husband and I rented a trailor from a man in 2008. When he advertised it he claimed it would be $500.00 a month. When we met him, he said, "Oh that was a misprint. It is actually $550.00". So, no problem. So, he told us we would rent on a month to month basis and there would be no lease signed and just as long as everything was not damaged we would receive our security deposit back So, we paid the $550.00 first months rent and sec. deposit. That day he also promised us he would have an exterminator spray once a month for us and bush hog the land every 6 months. Neither of those things ever happened. Also, during our stay he was out in the field working for days on end making me highly uncomfortable after he promised he would not come on the property. And a massive oak tree fell into the pond and bushes and after telling him twice that it fell and asking him to get it cut up he said he would take care of it. Four months went by and the tree was still laying in the yard and it was still there when we moved out. So, my husband got a new job and I called him and told him we would be moving in 3-4 weeks (thinking it was on a month to month deal still) and he asked would we be paying him for that month. And I told him that since there was only one damage (a shower door missing) we would let him just keep that security deposit instead of giving it back to us and also pay him $200 (more than enough) for the shower door. He got very hostile when I told him this and told me that No we owed him for the whole month and if he didn't get $675.00 from us he didn't want any money at all. We told him to just keep the $550.00 and we would give him the money for the door. So, while we were moving our other belongings he went in the trailor and changed the locks and locked our stuff up in there and also put our lawnmower in the house so we couldn't get it without calling him first to go in. So unless we paid him he wasn't going to give us our stuff. Lucky for us, the backdoor was unlocked and we went in and got our stuff out. My sister in law who rents home said it is against state law to go in a renters home where they are still paying utilities and change the locks on them. So he starts calling harassing my husband on his job and would call back to back. The next thing we know my husband gets a subpeona for court saying we owe him over $1000.00! So, my question is WILL HE WIN THIS COURT CASE? Will this stand up in a court of law in Alabama? No lease was signed.. only a verbal agreement and I let him know in advance we would be moving.

[smoothy]

First... he couldn't lock you out without an eviction being processed. Second... you were month to month as there was no signed lease to the contrary. As far as damages there is what he claims... and then what he can prove. Hope you were keeping records of the harassing phone calls as to what time, how long, and what was said.

Now about him working the fields... you don't have a signed lease saying they were yours to work... not his. That's going to be hard to prove either way.

Now.. you are going to have to go to court, do NOT blow it off or he wins by default and gets everything he is asking for. Just because he is suing you for it doesn't mean he will win automatically if you fight him. Is this in small claims court... or civil court?

WRITE everything down you know... don't rely on memory for anything, you WILL forget important stuff when you are on the stand, trust me, take pictures... etc. Everything you have to support your case. Pictures are worth a thousand words.

[AK lawyer]

... The next thing we know my husband gets a subpeona for court saying we owe him over $1000.00!! ...

Subpoena? A subpoena is an order be a witness in a court proceeding. Are you sure it isn't a summons?