Question about eviction
Date: Mon, 03/08/2010 - 02:44
Hiya! Here is a bit of background:
Currently I live in a rental house. We rented it right after a big fiasco with our previous landlord (we made mistake of paying in cash - landlord didn't give receipt then said we never paid). We told that landlord we would move at the end of the month..he said ok.
Well a while later we got an eviction notice (the landlord NEVER gave us a 3 day notice as required by law) and at the court the landlord produced a 3 day notice that he said he handed to us (he never did). Judge ignored the fact the court's own paperwork says 3 day notice should be certified mail (he couldn't post it in the house we have dogs)..and said since he has a paper he must have given us one.
Okkk...so then it goes on about the rent and at least in that fact the judge sided with us since the landlord couldn't show records, so landlord was denied the "back rent". The crazy thing is that we already had our next place that we were moving into THE NEXT DAY...I showed the judge this and told him the landlord knew darn well we were in fact leaving...there was no point in evicting us because we were leaving..but it didn't matter..judge ordered the eviction anyhow.
We couldn't appeal because that required us to put up another months rent and since we paid first month rent and deposit on new place, we didn't have the money so let it go.
Well, now to our current situation. This house is a wreck. The whole side of the outside wall fell off, the insulation is showing and even that is coming out. The ceiling in that area has severe water damage and water pockets trail down all the way to the baseboards where there is damage there as well and the ceiling is a huge "bubble" with a huge long crack.
The electricity is scary..two outlets have already caught on fire and it flickers constantly.
Neither front or back door sit properly in the frame and can't be locked.
The heater died...again.
Anyhow I have sent three letters to the landlord and even sent pictures, I am surprised they have yet to answer! I know they are getting the letters because one of the letters I also mentioned my dog having puppies and we keeping one so needed the form to fill out for the pet deposit (they were quick to send us THAT).
I am at the point where I want to start invoking some tenant laws, but even if we get told to move (we can sue for wrongful termination of lease) or we just decide to move, we have that stupid eviction.
How do prospective landlords check for evictions? It is not on any of our credit reports at all. If there is a way to check what is it, and is there any way we can get it removed?
I had wondered about simply paying the old landlord the money he tried to get out of us at the eviction for him to go vacate the eviction...can that happen? I mean can a landlord go back and dismiss an eviction after it already happened?
I am so stumped on how to handle this situation. :(
Thanks for any help.
Currently I live in a rental house. We rented it right after a big fiasco with our previous landlord (we made mistake of paying in cash - landlord didn't give receipt then said we never paid). We told that landlord we would move at the end of the month..he said ok.
Well a while later we got an eviction notice (the landlord NEVER gave us a 3 day notice as required by law) and at the court the landlord produced a 3 day notice that he said he handed to us (he never did). Judge ignored the fact the court's own paperwork says 3 day notice should be certified mail (he couldn't post it in the house we have dogs)..and said since he has a paper he must have given us one.
Okkk...so then it goes on about the rent and at least in that fact the judge sided with us since the landlord couldn't show records, so landlord was denied the "back rent". The crazy thing is that we already had our next place that we were moving into THE NEXT DAY...I showed the judge this and told him the landlord knew darn well we were in fact leaving...there was no point in evicting us because we were leaving..but it didn't matter..judge ordered the eviction anyhow.
We couldn't appeal because that required us to put up another months rent and since we paid first month rent and deposit on new place, we didn't have the money so let it go.
Well, now to our current situation. This house is a wreck. The whole side of the outside wall fell off, the insulation is showing and even that is coming out. The ceiling in that area has severe water damage and water pockets trail down all the way to the baseboards where there is damage there as well and the ceiling is a huge "bubble" with a huge long crack.
The electricity is scary..two outlets have already caught on fire and it flickers constantly.
Neither front or back door sit properly in the frame and can't be locked.
The heater died...again.
Anyhow I have sent three letters to the landlord and even sent pictures, I am surprised they have yet to answer! I know they are getting the letters because one of the letters I also mentioned my dog having puppies and we keeping one so needed the form to fill out for the pet deposit (they were quick to send us THAT).
I am at the point where I want to start invoking some tenant laws, but even if we get told to move (we can sue for wrongful termination of lease) or we just decide to move, we have that stupid eviction.
How do prospective landlords check for evictions? It is not on any of our credit reports at all. If there is a way to check what is it, and is there any way we can get it removed?
I had wondered about simply paying the old landlord the money he tried to get out of us at the eviction for him to go vacate the eviction...can that happen? I mean can a landlord go back and dismiss an eviction after it already happened?
I am so stumped on how to handle this situation. :(
Thanks for any help.
If you owe money to the previous landlord, it would then appear
If you owe money to the previous landlord, it would then appear on your credit report. If you were ever evicted by a court order it would be recorded at the court and can be checked from there. Some courts also allow eviction records to be searched on their websites.
