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chillz · Feb 19, 2007, 08:04 PM

this is in pa I am a 26 year old female with a lease me and fiancée are on it I fell down wooden steps that had moss on them and sustained injuries while pregnant our lease is until 1/14/08 we have lived here for two years no complaints on us and current on rent and he filed for eviction when he found out I am suing only my name is on the eviction notice not fiancées we are both on the lease can I beat this? Hearing is on 2/21/07

reason for eviction = undesirable tenant
state= pa
rent= paid up until 3/16/08
hearing in front of magistrate in pittsburgh pa

Fr_Chuck · Feb 19, 2007, 08:27 PM

You fell on your own stairs and you are sueing the land lord?

Guess an attorney will take any case for money.

And yes if my tennants sued me I would try to evict them also. What did you expect him to do?

chillz · Feb 19, 2007, 09:22 PM

The steps are outside and are covered in moss we have asked him to pressure wash them when it rains they are like a ice rink

Fr_Chuck · Feb 19, 2007, 09:31 PM

Is this a multi apartment complex, a public area where many people go,

Now just your personal steps that you should be responsible to clean off yourself?

totallycrazy · Feb 19, 2007, 09:46 PM

https://www.askmehelpdesk.com/real-e...ted-62262.html

Here is their original thread. As it has already been stated, Retaliation is against the law There was a lot of advice given to you on the thread I posted above. Check over it.

chillz · Feb 20, 2007, 07:52 AM

As for the steps we are the second floor unit they are our steps and my fiancée keeps them free of snow and ice but it is not his job to go out and rent a pressure washer to get the moss off them he has to work too.

excon · Feb 20, 2007, 08:05 AM

Hello chillz:

Not only do I think you can beat the eviction, I think you'll soon be a part owner of the building. I'll bet the attorney who's handling your fall will be happy to handle your eviction.

excon

chillz · Feb 20, 2007, 01:46 PM

Here is a case update I got a continuance notice for the second time this hearing was on the docket for 2/14/07 then 2/21/07 now it is continued again until 2/28/07 all by the landlord I called magistrate and they said he is having scheduling conflicts that is not my problem if we were that much of an undesirable tenant I would want us out and I have been ready to do this battle and get it over with

scri8e · Feb 23, 2007, 02:33 AM

Depends on the condition of the stairs I would think. Also some other factors would come into play. You stated that:

As for the steps we are the second floor unit they are our steps and my fiancée keeps them free of snow and ice but it is not his job to go out and rent a pressure washer to get the moss off them he has to work too.

Are the steps in dis-repair? IOW's is the LL negelant in his repairs? Or is weather the cause of a trip and fall hazzard? In your rental agreement. Does it state that you two are to up-keep the stairs? Only for winter? Depending on the existence / lack of existence of clauses in regards to these issues in the rental agreement. These factors could make a large difference on the court outcome. If the language is included I don't think you have a case. If it isn't included the LL may try for pinning it on acts of God. If the stairs are in desrepair then the LL is at fault.

Besides all of the other points above I do know that evicting you two is retalitory.
It is illegal and you may win on those grounds alone. Yes he is stalling. BIG TIME.
Are there any other items that would make a big difference you haven't told us.
Like not paying rent? Fights in the building. Anyone got arrested for something?

chillz · Feb 24, 2007, 07:04 PM

K here is another update I bumped into landlord I didn't say anything he confronted me saying that when I worked with him wich was under the table and after hours of my main job doing construction he is now saying that the lady in the house is missing $400 and that I took it and this supposedly happened about 3 months ago apparently he went to the cops and I guess they told him he has to file civil charges or something like that anyway I know that because I seen the paperwork on the dash of the truck as I was walking to my car I didn't do this but he says he has a witness and unless it is god good luck anywa you his employees are paid under the table so any advice let me know as the saga go's on the hearing for eviction is still on for 2/28/07

scri8e · Feb 24, 2007, 07:42 PM

You didn't answer any of my questions so I could advise you on the other issue of trip and fall. Sounds like there is a lot of other issues going on. This trip and fall may be thrown out if you were under contract to keep the stairs cleared of trip and fall hazards.

Good luck you will need it...

landlord advocate · Feb 27, 2007, 02:58 PM

The trip and fall, the theft etc. have nothing to do with the eviction. The court date is set for an eviction proceeding only. The landlord is going to have to prove a case to evict. No matter what the other circumstances are, the landlord must prove the statement he wrote on the eviction. At this proceeding, nothing else matters.

The eviction had only one name on it. There are two names on the lease. He has filed against one person only. The landlord is in over his head and has filed a continuance until he can seek legal counsel. An attorney knowledgeable in tenant landlord law will realize there is a problem in the way the case was filed and it will probably be dropped. I am not saying that the landlord will not find a more valid reason and re-file against both tenants, but this case will most likely be dropped before the court date.

chillz · Feb 27, 2007, 03:27 PM

I want to thank everyone for the advice the hearing is still on and I feel I am well prepared for it I will let the outcome be known as soon as I can

chillz · Mar 1, 2007, 08:56 PM

Case Was Won

scri8e · Mar 1, 2007, 10:53 PM

Originally Posted by chillz

as the saga go's on the hearing for eviction is still on for 2/28/07

Then you state the case was won...

Won how? As in settled out of court.
The eviction was dropped?

The hearing was only for the eviction.
If you were not evicted I wouldn't call that
A case won. If the Landlord had evicted you then he would have won. What did you win? To be able to continue living there and pay rent.
If you feel that is winning something.
Then OK.

What happened to the slip and fall?

scri8e · Jan 5, 2008, 03:39 PM

Originally Posted by scri8e

Then you state the case was won....

Won how? As in settled out of court.
The eviction was dropped?

The hearing was only for the eviction.
If you were not evicted I wouldn't call that
a case won. If the Landlord had evicted you then he would of won. What did you win? To be able to continue living there and pay rent.
If you feel that is winning something.
Then ok.

What happened to the slip and fall?

I doubt the case was won. She wasn't getting the answers she wanted
so she made up what she wanted to hear. =shrug=

JudyKayTee · Jan 5, 2008, 03:51 PM

Originally Posted by scri8e

Depends on the condition of the stairs I would think. Also some other factors would come into play. You stated that:

as for the steps we are the second floor unit they are our steps and my fiancee keeps them free of snow and ice but it is not his job to go out and rent a pressure washer to get the moss off them he has to work too.

Are the steps in dis-repair? IOW's is the LL negelant in his repairs? Or is weather the cause of a trip and fall hazzard? In your rental agreement. Does it state that you two are to up-keep the the stairs? Only for winter? Depending on the existance / lack of existance of clauses in regards to these issues in the rental agreement. These factors could make a large difference on the court outcome. If the language is included I don't think you have a case. If it isn't included the LL may try for pinning it on acts of God. If the stairs are in desrepair then the LL is at fault.

Besides all of the other points above I do know that evicting you two is retalitory.
It is illegal and you may win on those grounds alone. Yes he is stalling. BIG TIME.
Are there any other items that would make a big difference you haven't told us.?
Like not paying rent? Fights in the building. Anyone got arrested for something?

Yes, but on the slip and fall then you get into the whole "was the landlord aware" question. And the tenant - no matter what the lease says - is somewhat responsible for his/her own safety. If the steps are dangerous you notify the landlord IN WRITING that he/she has X number of days to correct the situation or else you will: rent a power washer, do whatever. And then you do. You simply can't say, "I fell, the stairs were dangerous" when you never made an attempt to safeguard yourself and you have said you knew they were dangerous.

I mostly do Plaintiff's work so I'm not on the LL's side here; I'm just telling you how things are.

As far as other issues being at play here, such as working under the table, stealing, it's not all about the stairs. Can only one person on a lease be evicted? That I don't know but I am curious.

And if you are pregnant and the landlord wants you gone and you are afraid for your safety when you go up and down the stairs... why do you want to stay? If the LL loses this time around, he'll file again... and again... and again.