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    inksexy's Avatar
    inksexy Posts: 1, Reputation: 1
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    #1

    Dec 21, 2014, 09:40 AM
    How to prove landlord has falsely accused me of lease violations and filed eviction?
    I have lived in my apartment for just over 12 years. The last year has been hell and stressful due to bad landlord. She has been harassing me for months, and started major retaliating after I called the local heath department. Other tenants over her heard the landlord say at the beginning of the year that she had her daggers out for me next. I have had no major problems in the past years, and received up to as many as 5 incident reports in as little as 2 weeks, including false accusations of illegal drug use when no one was home. The police were never called even when I stated if they thought there really was drug activity to call them and have them search my apartment. Two days later the incident changed to someone within the building was using illegal drugs and the actions must stop. Every violation accused of, I have fought to prove no violation had occurred. Now they are filing for eviction asap and denied my rent check. The reasons for eviction are all false accusations and need to seriously know how to fight them in court. I am a single mom with two young sons and keep to ourselves and out of trouble.
    talaniman's Avatar
    talaniman Posts: 54,327, Reputation: 10855
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    #2

    Dec 21, 2014, 10:10 AM
    Your long record and lack of recent violations despite accusations are your best defense against an unfair vindictive landlord. Surprised you have not complained to the landlords boss very vigorously. If what you say is true, they don't seem to have a foundation for eviction.

    Hold on to that rent check, and make sure you show up for your court date, NO MATTER WHAT.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #3

    Dec 21, 2014, 12:13 PM
    You need to act first. Look (by phone or online) for any tenant relations agency in your locale. Write down everything said and overheard and received, and dates. Form a tenant group! How many in the building? Is there a new owner? Rents are going up as mortgages stay hard to get. Landlords are being greedy, raising rents, or getting rid of people in favor of others. Are your kids loud or bothering anyone? Are they old enough to smoke pot etc? You have your work cut out for you. You can't just show up in court and hope to deny everything, and it's possible that no reason is needed where you live. Get a copy of landlord-tenant law for your state, and find out if there are additional ones locally.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Dec 21, 2014, 01:24 PM
    What makes you think you have to prove anything? It is up to the landlord to provide proof, not you. Let her file for eviction, you go into court and make her show proof of the allegations.

    Is this the owner or a representative? If it is a rep, then yes contact the landlord or the management company and file a complaint.

    Any question on needs to include your general locale as laws vary by area. Most areas have laws about retaliation so you may be able to file a counter claim.

    However, I would still be looking for a new place to live. If what you have told us is true, I think you may be able to beat the eviction. But if this is the building owner, she will make your life miserable. So you want to get out and maybe sue her for moving costs.

    By the way, you should put the rent money in a separate account, to show good faith.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Dec 22, 2014, 03:38 AM
    In court, they are required to prove, what they say. You do not (in fact, it is not possible, to prove you did not)

    Just wait, and when he can not prove anything, ask the court to dismiss his case.

    Do get proof, you attempted to pay. And show in court, they are refusing payment
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #6

    Dec 22, 2014, 04:05 AM
    The reason I said to be more proactive is that I'm not sure we have the whole story about 'no major problems in the past years.' That's a very loaded remark.

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