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jimgoldbeck · Jun 15, 2007, 05:11 PM

My situation is strange. I moved into an apartment community in July of last year. I was told I have shaky credit so that instead of the normal offer for all other tenants of Security and First Month free. We were charged First month and Security. Which although isn't fair we took it. When I say we I am referring to my girlfriend and myself. We went on to have a rocky relationship with the Manager because she knowingly was never around. Come December we were going to be late with rent and I contacted her to let her know. I was planning on paying the month following. But come December 27th I got a phone call stating. "If I don't have the money in two days we will be having you evicted." I didn't have the money and knew I wouldn't until January. So I wrote a letter offering many different ways to catch up and stay caught up. She turned them all down and said if I paid in full then I could stay there and she would stop the proceedings. The following day I gathered the money from sources and began making contact with her. I would have dropped the money off in the box but the drop box is not very secure. Its kind of a broken down box that would take only a min to snatch and run with. So I proceeded to keep on contacting her with documented phone calls. She would not return my calls. She was never in the office and it was a rough time. So her I sit with the money this whole time and I find out she actually calls the Sheriff with our new number which meant she not only is getting our messages but also selecting not to contact us back. So now it comes down to court. She admits in the COURT ROOM... That not only did she agree that we could stay there but she also said that she was never around at all. The judge knew what was going on and ordered that we have more then a month to move out.

We moved out and we were willing to look past all the things that happened due to her negligence including setting for a place we didn't want, moving our son to a new school mid year, taking days off work and then expenses of moving including paying the moving men over $500 to move across town. So I get papers saying she is now suing us.

So my question is this. The lady knowingly admitted to allowing us to stay there if we settled up in full and also admitted of never being around. I have phone calls to prove my case for me contacting her and I can show no incoming calls from her also.

Can I sue her for "Breach of Contract" and make her pay for all the incurring costs that go along with that. Please help me I have court on the 26th of June 2007.

Emails MSNs or anything even post here please..

Jim Goldbeck
Email [email protected]
MSN [email protected]

excon · Jun 16, 2007, 06:57 AM

Hello jim:

Well of course, you can sue her. But, you have no case. Neither does she. Defend yourself and when you win, ask the judge to make her pay your costs to defend. Couse, that ain't going to be much - maybe $50 bucks.

excon

jimgoldbeck · Jun 16, 2007, 04:36 PM

Originally Posted by excon

Hello jim:

Well of course, you can sue her. But, you have no case. Neither does she. Defend yourself and when you win, ask the judge to make her pay your costs to defend. Couse, that ain't gonna be much - maybe $50 bucks.

excon

Why don't I have a case though? She stated in court and agreed that she was allowing us to stay there. Instead she went through with the eviction. I thought this verbal agreement would hold but that it needed to have been backed up with some sort of proof which would be the court transcripts.