[jrsakho]

I apologize for the delay in thanking everyone for their time and information. I am just able to check my email.

I was not a dead beat tenant. I paid my rent through automatic deduction on time for two years in straight. When I notified my landlord after numerous maintenance issues went unresolved that I was not going to renew the lease they were not happy.

Clearing up my income... I am unemployed because I have twin disable children. They receive SSI and that is our income. My mortgage is through a bank and I did have to provide documents and my interest rate is high.

The judgement... I paid my rent in August on time a usually while awaiting to close and the landlord filed an unlawful detainer. I had no idea what that was or what to do. I look it up on the internet and saw that it had to do with nonpayment of rent... so I gathered up my documents and went to court. Their attorney showed up and asked for a continuance. At the next court date I had my paperwork again and I told the judge that I had paid rent and that I had my documents and he asked the attorney to respond and the attorney stated that his clients live out of town and that they could not be present for court and the judge dismissed it. So I submitted a 30 day notice and a week went by and I received another unlawful detainer and moved out. I was not concerned because I had my documents. Well the attorney continued that date twice and then set it for trial. At trial the attorney entered into evidence the lease which stated that I must submit a 60 day notice, therefore, I was responsible for the rent after I had moved out plus the landlords attorney fees and expenses. I thought the lease had expired and that I was month to month. Well the lease had expired and when they sent a new lease I informed them that I was not going to renew the lease and l continued to pay my rent on time until I moved out. The attorney said that they did know that the house was vacant until a fire and they had to come and assess the damage. Long story short I was in over my head legally and I did not find out about legal aid until after I went to court for the payments.

Payment of the judgement... I did not try to hide anything. The clerk gave me some papers to list my expenses and assets and I listed everything and I filed to make a payment plan. When I came back to court for the payment plan their attorney told the judge that SSI could not listed as income and that basically I could not file for a payment plan. The attorney asked me to pay an amount that I could not afford and the case was dismissed.

[ScottGem]

First, even if you are on a month to month basis, the terms of the previous lease continue to apply except for expiration date. So, if the lease called for a 60 notice then you were required to give that.

Second, how did you give notice? Do you have proof of it. Third, did you pay a security deposit, was it ever returned? How much was it compared to what you owed?

I would try to get the judgement vacated. I would state that:
a) you gave notice and were not informed that you needed to give more notice. Had you been informed, you would have
b) the landlord has your security deposit which should be applied against the extra 30 days
c) you should not be responsible for court costs since, there was no reason for court. Had the landlord simply informed you about the extra 30 days, you would have paid it

[jrsakho]

Thanks Scott. The 60 day notice was in the original lease but to be honest I did not think that the lease still applied since I did not sign the new lease. I told that to the judge and she said that is why I needed legal counsel and they would have advised me properly... but I could not afford it.

The lease did have an expiration date but it also stated in another clause that if it was not renewed the original lease would stay in effect and my rent would increase (They accepted the rent and said that they would not increase it) and the increase was added into the judgement. I sent them a written notice by mail.

I did pay a security deposit and I asked in court if that could be used to satisfy the unpaid rent but it was not addressed. So I do not know what to do about that. I have an appointment with Legal Aid and I will bring up your points and asked about getting the judgement vacated.

[ScottGem]

I think you stand a good chance of getting it vacated. Good Luck

[landlord advocate]

Every state has slightly different housing laws, but here are a few that may apply:

The only time a notice of leaving is not applied, is at the END of a leasing period. You signed a legal agreement that states that it ends at a particular time. It ends at that time, so no "60 day" notice is required. It is always nice for the landlord and the tenant to get together and give notice, but it is the one time that the 60 day notice is not required by the Revised Code. The Revised Code states the amount of notice a tenant has to give a landlord if he intends to leave. That period is usually 30 days. A lease agreement can state a longer period, however, if the tenant quotes the Revised Code in court, it usually wins out. As the code states "The Landlord can not take away the rights of the tenant". As far as attorney fees, unless the judge awarded the landlord reimbursement of the attorney fees, the Revised Code covers that as well.

The purpose of a security deposit is to secure that the tenant takes care of the landlord's property and pays the rent on time. Within 30 days of the tenant moving out, the landlord is required to send a notice in writing as to how the security deposit was utilized, or return the money. If the landlord does not send the letter within 30 days, the tenant can bring a civil action for twice the amount of the security deposit. It doesn't matter how the property was left or what money is owed. The tenant will be awarded twice the amount of the security deposit.

Read a copy of the Revised Code for your state before going any further. It may prove very useful.

[jrsakho]

Thank you Landlord Advocate and ScottGem. I am gratful for your advise and suggestions. This information gives me preparation when I go to meet with legal aid. I will submit a post after my meeting.