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    misterdsmith's Avatar
    misterdsmith Posts: 1, Reputation: 1
    New Member
     
    #1

    Apr 24, 2012, 10:54 PM
    Landlord is lying in court Summons
    My landlord is taking me to court in hopes to evict me. The issues he has sited were unpaid rent and utilities. He claims that I owe 534.00 dollars in propane and 510.00 dollars in rent (march and this month of April) now here is the funny part

    - I have proof of price manipulation, through HIS statements that he issues every month
    - he claims I paid February's rent but not march or April. Yet I signed over a check to him for 510.00 dollars (the check was for 617.00 and he gave me the remainder of 107.00) for February AND March rent in march! (lie 1)
    - I have a written receipt of this transaction on a fake propane statement he wanted to give me hoping it would speed up my HEAP case with the DSS it was both signed and dated by my landlord)
    - on said shut off notice he claims I owe Him 934 dollars for propane (this was in march btw) (lie 2)
    -this is obviously welfare fraud! a reason my case was held was because he filled out a landlords statement wrong and we were not notified until I physically went to DSS and obtainment a new sheet for him to fill out (he did)

    My question is what are my rights>? And do I have a case for counter suit? I know longer feel safe in my home due to this indecent. I have a fiancée and a 5 year old and he is trying to boot us out of a mobile home (trailer) that my fiancée owns.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Apr 25, 2012, 03:15 AM
    No, I don't see a cause for a countersuit, but if he is trying to evict you for non payment and you have proof that a) you made payments and b) he is falsifying the amounts, then the court should not grant the eviction.

    Did you actually get a court summons? The first step in the eviction process should be a notice to pay or quit.

    A question though;, if your fiancée owns the motorhome then is the landlord a trailer park owner? Is the rental for the space?

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