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soilsasphalt · Mar 12, 2007, 02:58 AM

My family and I have lived in this condo for over two years with no problem,January 2nd we received a eviction notice(rent was not due due to newyears).tried to call and visit her but she avioded us like a plauge.went to court and the judge siad she could not due this and she stated in court that she did not want the monie she just wanted us out so her relitive could live there.we tried sending her, in person the rent,but no contact or any thing.called the court and they stated they could not do anything.found out later she has relitives in the court house.we received a 24 hour eviction notice stating 7am,but the notice was deliverd after 10:00 am.we called the court and they stated that we would have to pay a $100.00 fee and that we would have to wait two weeks before we could get the transcripts and that we would have to obey the 24 hour notice.we came back for the finnal load and to clean up but the locks were changed.now she's trying to sue us for over $4ooo.00.and we lost around $6000.00 worth of stuff.

Cvillecpm · Mar 12, 2007, 05:28 AM

How did the landlord get the eviction/removal order if the judge stated she could not "do this"?

You are leaving something out of your post.

ScottGem · Mar 12, 2007, 05:44 AM

I agree there has to be more here. Are you under a lease? If you are then she can't evict you unless you violate the terms of the lease. If you aren't, she can terminate the rental at any time with reasonable notice (generally 30 days). So I have to wonder why the urgency of an eviction.

What you should have done, when you found the locks changed, is call the police. If you were within the 24 hour order, then you had a right to gain entrance and clean out your stuff under that order.

But really all of the above is now moot since you have moved. Let her sue you, enter a counter claim for unlawful eviction and unawful seizure of your property. If you are telling us the full story, you should win.

soilsasphalt · Mar 12, 2007, 03:22 PM

This landlord has relatives in the court house and police,it's a very,very,very small town and yes it was a lease

ScottGem · Mar 12, 2007, 04:16 PM

So you are saying that the police and court are corrupt? Then you need to file suit in a different venue.

But again, you don't give us enuf info. You say you were under a lease? When did the lease expire? What grounds did she cite? What judge told her she can't do it? Do you really want her help or do you just want to play games?

soilsasphalt · Mar 12, 2007, 08:30 PM

No games, she just wanted her daughter in there,the lease did not expire for another 7 months,the court and police in this town are corrupt? Well!! Daaa!! I did send her a bill,guess I will wait and see,maybe file a civil in clark county.your amsweear did help scott,but it was to late.

ScottGem · Mar 13, 2007, 05:57 AM

If you had a lease that was not due to expire for 7 months and she evicted you without cause, you can and SHOULD sue her for all your expenses INCLUDING attorney's fees. I would strongly urge you to consult an attorney from outside the town. I would also report these goings on to the state's attorney general. What this person SHOULD have done, is offer you a financial incentive to move early. That would have been a lot cheaper then what its going to cost her if you get an honest judge.

landlord advocate · Mar 14, 2007, 04:11 PM

I am trying to read between the lines. I wonder how close I am to whole story.

The rent was due on January 1. The tenant seems to think that because January 1 was a holiday, that the rent wasn't due until January 2. No. The rent was due January 1. When it wasn't paid, the landlord had the right to post an eviction notice.

Evidently the landlord had a relative that she wanted to rent too, and was looking for a good excuse not to continue the lease with the current tenant. By not paying the rent on time, the tenant gave the landlord the excuse she needed and she took it.

Once the case came to court, the tenant told the judge that they wanted to pay the rent but just couldn't get the landlord to accept it. The judge asked the landlord whether she would be willing to accept the back rent. She said no. She then kept talking when she should have kept her mouth closed and told the judge that she wanted her relative to move into the property and she wanted them out. It didn't make any difference. The tenant didn't pay the rent on time and the landlord was not obligated to take the back rent if she didn't want to. The case was found in favor of the landlord. The judge set a date for the tenant to leave or the bailiff to oversee the removal of the tenant's property.

The tenants objected to the outcome and requested a copy of the transcripts, probably because they wanted to dispute the case within the two week limit or have the case reviewed. All courts charge for copies, which take time to prepare and must be paid in advance.

While the tenants were still trying to decide what they were going to do, the day of eviction came and they hadn't yet removed all of their belongings. The bailiff came and went. The landlord changed the locks. The tenant returned after the time allotted by the court to leave. Since the judge (through the bailiff) has the right to get rid of items left by the tenant after the time and day of the actual eviction, that is just what happened.

The landlord, after walking through the rental property, found damage that she believes was done by the tenant during the two years they lived in the property. She is returning to court for the second cause of action, to receive payment for the damages.

Thoughts?

ScottGem · Mar 15, 2007, 05:59 AM

Advocate presents a very probable set of circumstances. However, I believe that when a payment date falls on a national holiday (with no mail delivery), then by custom if not law, the payment due date is deferred to the next mail delivery day. Also, many leases have a grace period built in, in which a late charge may be applied.