Could you please give me some tips to help with my court case?

Question

I was recently evicted from my apartment because I was one month behind on my rent. (Due to having a baby by emergency c section 2 weeks earlier then planned) My landlord is a prick and pretty much dosen't like me because I refused to pay an increase in my rent for water usage which was included in my lease as the landlords responsibilty. Anyways I moved out and went to court. The Landlords told the judge that I had moved out and left the place dirty and stole their washer and dryer, and left my old ones there. I did NOT steal theirs, I left their old junky ones there and took my own with me. I do not have recepits of them, because the washer was bought with a credit card and its been more then 4 years and the credit card company said they cant pull up that transaction from that long ago. And the dryer was purchased used from a yard sale. Do you have any tips on what I can do to win this case? And what will happen if I do loose? Thanks for any advice and help in advance!

Answer 1

By chance do you have any old photos? Pictures are a good way to prove things like this.

Answer 2

You are the defendent if you are in small claims court the burden of proof is on them...do they have reciepts proving they purchased the washer and dryer. However check with an lawyer, call the court house they should have lawyers that could help through the court house if you do not have money you pay a small fee( usually 50.00) and you can ask questions and they will give you advice not represent you. it depends on the state you live both states i lived in had this option

Answer 3

Just because you had a baby doesn't explain why you were so behind on your rent. I was in a car crash and spent two week in the hospital, but my rent still got paid. I would kick you out to if you were behind on the rent. As far as the washer and dryer go, it will be an up hill battle for you unless you can prove they are yours. I have never heard of a credit card company not sending someone there records when they request them, they have to send the records or they could be in trouble. good luck.

Answer 4

The only way you can do anything with the washer and dryer is have some people testify that they witnessed you purchasing them. The credit card company has to present you with a copy of your purchase or else you ll have a suit against them.

Answer 5

I do not know what state you are in, so it is difficult to answer conclusively. However, from the facts you have provided, it seems clear to me that you have to evaluate this based on priorities:

Do you want to stay in the apartment?
I can't imagine why you would, but if you do, you will need to prove to the judge that you are current, and that you have not violeted the terms of the lease.

If you don't want to stay, but just don't want a judgment:

You probably should engage an attorney. does the landlord have an attorney?
If the landlord has an attorney, he/she will know the local procedures, and will be able to enable his/her client to look good in the eyes of the court.. UNLESS you have competent counsel to counter this.

You could, I suppose, if properly trained, counter their arguments. Its not something I would want to do if I were not already admitted to the bar.

For further assistance, contact your local or state bar association for a referral to an attorney who practices housing/landlord tentant law

Answer 6

your chances of winning are very low for the fact that you don't have the receipts showing you payed for the ones you took...you should always take pictures of the apartment when you move in and move out in case something like this happens...did you get your security back?i mean if not they'll just make you pay the difference meaning the damages...and or they'll make you buy for the washer and dryer or give it back...because of the simple fact you have no proof that you paid for them yourselves...

Answer 7

if you lose give them back the stuff you stole

Answer 8

you had to lie