[granma35]

I need to know how to file an appeal against an eviction. The building we live in was sold. We were served an eviction notice (basically the new owners are evicting all tenants) we rented a house and the new landlord frauded us and kept our money. We just need a few days to get more money together to move. The new owners of the building aren't willing to work with us. We've offered to pay rent, they won't accept. I think an appeal in our only option, but I don't know how to go about it. Any help you can offer will be greatly appreciated. We are out of time and desperate. Thank you

[excon]

Hello granma:

If you're STILL in the apartment, the new owners inherited your lease, and must adhere to it. They CAN'T evict you...

There is NO appeal yet, because you haven't been in court and lost... You only appeal when you lose IN COURT... Which bring us to your situation. An "eviction" is a legal process. It begins with being served an eviction notice and ends up in court. That's GOOD for you.

Stay in the apartment, and mail your rent as usual. If they don't accept it, open a bank account named RENT REFUSAL ACCOUNT, and put your rent there. When, and if they file for eviction with the COURT, simply appear and tell the judge what you told us.

IF the only rental agreement you have is month to month, you can be put out with 30 days written notice.

If you're NOT in the apartment anymore, there nothing you can do about getting back in.

Now, if you want advice about the HOUSE, tell us the details, and we'll tell you what to do in THAT case so you can get your money back.

excon

[granma35]

Hello excon!

Thank you for your reply! We have already been to court. The eveiction was granted because we we're 3 minutes late and our case had already been called and we were'nt there. We are trying to appeal.

I'm not sure how to use this site yet so I didn't know how to reply to you directly.

Here are the details on the house we rented:

We rented the house from Mr. KB, paid him cash $850.00, we have a receipt.
His son was living in the house, left a few small items in the garage. We left, came back, he was there yelling and screaming at us that his things were gone and that we stole them.
We did not. The son still had keys to the house, he also made the statement that only his things were gone, nothing of ours. Well, how would he know what we had in the house?
Anyway, Mr. B took our key, made us move our things out and said he was keeping our money. The son took out a warrant, I turned myself in, spent 5 days in jail and go back to court on 2-02-09. The DA and my public defender are looking to dismiss the case. They both seem to realize it's a false charge and there is no evidence because we didn't take anything from the house. If you have any advise it will be greatly appreciated. Thank you again for your help!

[ScottGem]

I've merged the two threads. Please use the Answer This Question options to add a follow-up. Don't start a new thread.

Also please don't use actual names, I've edited out the name in your post.

It seems to me we have two issues. The first was the eviction from the building where you lived. As excon said, the new owners have to honor any outstanding leases when they purchase a building. But since you have already moved from that building the point is now moot. Unless you have a long term lease there, I doubt if you can move back in.

So now we have the second issue. The false accusations and illegal eviction fomr the residence rented to you by Mr B. I would turn around and countersue Mr B and his son for false imprisonment, illegal eviction and defamation of character. You appear to have a strong case for that and should be able to recover what you paid Mr B and your moving & storage costs plus some compensation for your imprisonment. I would start talking to lawyers. You should find someone willing to take this as a contingency.

[granma35]

I'm sorry I didn't know how to respond. We have not moved from the building, we're still living there, but I think we're out of time. We only had 7 days to appeal and I've been working on it since the 13th. Today @ 4 is our deadline. That's why I wanted to know how to file and appeal.

[ScottGem]

I'm confused. You say you are still in the apartment in the building but you say you moved into Mr B's house. Which is it?

Also what was your lease situation in the apt building?