Help w/Eviction?

Question

Landlord took me to court yesterday for Non Payment of Rent. Clerk told me I could tell judge my side of case, show evidence etc. Judge didn't listen to word I said, didn't look at any evidence or pictures. Am facing eviction in 3 days because didn't pay rent for house thats: "Uninhabitable", "unsafe", "unhealthy", "unlivable". Asked landlord for repairs 2/6, housing inspector came 2/21-not one repair done. Paid rent on time for 7 yrs & being punished for that. Landlord getting rewarded for unethical behavior. My credits being damaged because landlord wont' do repairs. Being forced to put rent in escrow. Dont want repairs now, just need time to save money/move/find a place to move. Can anyone please help?

Have rent money-have 5 days to pay to not get evicted.

To All: Thanks for FAST replies!
To: "Official" : THANK YOU!
To: "Trickdwire" :Thanks for all info, sorry cant write everything completely, only have certain # of characters to work with & Long story.

To: "Discipul" : Thank you. Live in Maryland. Owe $768 for March rent. 16 days overdue. Judge said pay rent in 4 working days or eviction will occur 4/5-4/10.

To: "MH/Citiz..." We painted whole house, carpeted whole house, retiled kitchen floor among 100's of other things, no help from landlord. Landlord did not do once p/yr inspection as promised in writing, he did not fix broken central heat that he promised to do in writing in 2000 but never did. Coldest weather in 15 yrs came, we weren't here 15 yrs ago, didn't know how house would react. Once we did we notified landlord immediately. The ice inside caused condensation which caused the mold. Have almost 100 pictures, over 500 pieces of evidence, housing inspector even came to court w/pictures they took. Our responsibility was to do repairs under $35 which we did, and we were not allowed to do any over $35 w/o landlords consent. Called repairmen numerous times, landlord chased away, said too expensive. Landlord didn't let take repairs costs off of rent for tax reasons, made us pay for then sent us a check. Thanks for your "input". P.S. I take St. John's Wort when I'm not being nice.

Answer 1

Some states will allow you to withhold rent for repairs, some will not. Yours apparently doesn't, which means that the only thing the judge has to decide is whether or not you paid the rent that is due, and if you didn't, you go.

What he would have listened to would be evidence that you did, in fact, pay the rent, or that the landlord had excused you from the rent somehow. If he's deciding the narrow issue of whether or not you paid, it makes no difference what you don't like about the place.

If you don't like the place because of its condition, move. If its the best alternative you have, pay for it.

Answer 2

If you lived in the place for 7 years, how is it that it became "uninhabitable", "unsafe", "unhealthy", "unlivable"? Didn't you take care of it? Despite the fact that you are renting, you have a duty and responsibility to maintain the property and ensure that it doesn't become uninhabitable and unlivable. Where is your sense of pride, morals and ethics? If you rent a car and damage the car, aren't you expected to pay for that damage? Was your rent raised? How much were you paying for rent? Years ago, when people rented apartments and houses, they maintained those places as though they owned them. They would get reimbursed for paint and repairs because their landlord trusted their tennancy and knew that his property was in good hands. There seems to be some facts missing in your case. How can you be evicted and still be forced to put rent in escrow? What aren't you telling us?

Had you taken pictures of the property when you first moved in and then maintained that property, you probably would have been able to recover the money spent for repairs that are above and beyond normal wear and tear that is expected and should be covered by your security deposit. Had you taken pictures of the problems with the house, then sent a letter to the landlord asking for help or for him to send a repairman, and kept a copy of that letter, you would have proper evidence. Had you sent the landlord a certified letter or a notarized letter with pictures of the problems and cited portions of your lease that were applicable, there might have been a different outcome. Had you done the repairs yourself, after having notified the landlord of the problems and still he didn't take action, and if had pictures to back up the problems, had receipts and proof that you took proper action to stop the damage and protect the property, the judge might have forced the landlord to repay your expenses. You have a duty to maintain the premises and if you didn't do that, then too bad for you -- you should have to forfeit your security deposit, pay for all the back rent, and for all the repairs that are outside normal wear and tear on the property and that could be due to your negligence. Do your homework. Keep your receipts. Exercise due diligence. When you can prove that your landlord is a slum landlord and that you did your best to maintain the property, then you will win.

Are you an American Citizen or a legal immigrant? If not, then you should be jailed and/or deported and all your assets should be seized. Your behavior is illegal, immoral, treasonous, unethical and UnAmerican. If you are an American Citizen or a legal immigrant then you should have done all of the things previously mentioned to secure your best interests. Life is not a giveaway and the landlord doesn't owe you a house without responsibility for maintainenance!

Answer 3

I'm surprised that the court didn't allow you to negotiate a settlement which is what usually happens. If you live in a city, there will be a landlord tenant advocacy group. They usually only take cases that have ended in an unfair judgment. The judge didn't hear your side of the case, so sue your landlord, or appeal the decision that you have now. If you are below a certain income level, you can file an appeal in forma pauperis (In the form of a pauper). Fees will be waived and the court will give you a little leeway in drafting your appeal. Typically your landlord tenant advocacy group would help you with that.

I have had landlords do all sorts of illegal stuff such as tresspassing etc. I have informed them of this and they do it even though they know I am a law student. It's more worth the while to move out and report the landlord to your state's attorney general's office department of consumer affairs then to engage in a legal battle every time.

Thats as detailed an answer as I can give without knowing the state you live in, the nature of the repairs, the amount you have not paid, the length of time it has gone unpaid, what is written in your rental agreement and what the judge said exactly.

Answer 4

First you need to learn how to write in full sentences so we can understand what you are talking about.

I'm assuming that the judge entered an order of possession against you which is to be executed in 3 days. If he did, file an emergency motion to see if you can extend the execution of that order. Also, with that motion, you should file a counterclaim for the landlord's breach of his duty to provide a habitable property.

Really, what you need to do is contact legal aid, who will be able to give you some advice, or at least a brochure as to what your rights are.

In the end though, you will have to move. Just try to extend it for as much time as possible.

Answer 5

You rented for 7 yrs? Should've bought.

Answer 6

If you are still living there, you owe the rent.

Answer 7

You gotta go.