My landlord claims to have started the eviction process. We got into an argument cause she keeps opening my mail. She threratened to evict me. So She served me a 3 day notice charging me for 6 months of back rent ( im current with my rent ) and i month future rent. Then she 1 week later her friend serves me with a notice from the court house saying i need to pay 25 dollars a day starting the same day. The court papers were clearly fake, they had clear stickers on them in the spots where case numbers were. My Questions are:
Can she get a judgment like that without a hearing? and is that a crime for forging court documents? advice please
2007-10-06 12:38:51 · 5 answers · asked by mamichula0883 3 in Business & Finance ➔ Renting & Real Estate
She insisted on being paid in cash for the rent. And she never gave me receipts. She owns the guest house that i am renting from her. This was the first place ive ever rented alone and i didn't know the law b4 moving in. I never thought anything of her not giving me receipts. She said she would but i never got any.
2007-10-06 12:53:34 · update #1
The papers should have a stamp on them. They actually do use stickers to cover up the number if it was typed incorrectly. The county clerk can tell you if the paper you have is the same that they certified.
There had to be a hearing, but it would have been with a few days of her starting the eviction. the week time frame is completely normal. The courts try and gets flakes out of property quickly to keep landlords from financial difficulty because of undesirable renters.
2007-10-06 13:08:20 · answer #1 · answered by Elsa D 6 · 0⤊ 0⤋
A. Can you prove she opened your mail?
B. Have you paid your rent? If so, it's a lesson to always get a reciept if you have paid cash.
C. If she says you owe her this much money in back rent, then you need to ask the judge when you go to court why she waited 6 months to get you in there. That's unheard of in the Landlord world. Also, look into this could be the termination fee's or the lease break fee's she is charging you with that she is demanding judgement on your credit right away.
D. You will have a hearing, you should have recieved the court paper work. The court papers her friend handed you could very well be your court date paper work that you need to attend. The court papers are asking for judgement on your credit for your past due rent, damages, whatever... You need to show up to that court date if you want to fight it.
E. The $25.00 per day could be your rent amount devided by the days in the month. This would be your pro-rated amount of rent per day to stay in her home. Also, in some states you can charge a late fee daily, not many but in some counties I think not states.
Good luck to you, fight the good fight if your right, but if your not leave with your dignity. I don't take sides on things like this. There is always two sides so please don't be offeneded.
2007-10-06 15:36:48 · answer #2 · answered by Can't stand this 4 · 0⤊ 0⤋
no she can not get a judgment like that without a court hearing,when you are served court papers they are served by a member of law enforcement not a friend.yes it is very much a crime to forge court papers,she could go to jail,you could go talk to the police or to a lawyer,whatever you do,keep those papers safe,you may need them later.next,it is also a crime (Federal) for her to open your mail,if you can prove this,she could be in big trouble.if you are not behind on your rent and are not destroying your apartment or in violation of any part of your lease,she well have a hard time even getting a hearing from a judge,you as a tenant have many rights.as a land lord,i can tell you that judges take a hard stand on things like you are saying here,for your sake,please be very careful.good luck
2007-10-06 12:57:17 · answer #3 · answered by notsohardtofigure 3 · 0⤊ 0⤋
lets take this one step at a time:
first issue is your mail: IT IS ABSOLUTELY illegal for her to be opening or receiving your mail. go to your local post office and ask to speak to the manager...make a report against her for this. This is Illegal.
second issue is your rent: do you have cancelled check or receipts to prove that all of your rent is current? if you do, then you are good. if you do not have any receipts then you may have a problem in proving your case.
third issue is the $25 per day...what is that for? late fee, court fee ? This is also illegal...she cannot do this.
the last issue is can she get a judgement with out a hearing? NO -----and are the papers fake?
you must have a fair hearing...you say you served papers...do they have a case number on them? taken them to the court to see if they are real...or if she is trying to pull a fast one.
it sounds like harrassment to me. I would suggest that after all the above is done...you also open your white pages and look for Renters Rights or Renters Advocates--most large cities have them and they can help you for free.
good luck (and start looking for another place to live where you will be happier)
:)
2007-10-06 12:48:19 · answer #4 · answered by Blue October 6 · 1⤊ 0⤋
You should take the paper to the
Court House and asked about them.
They will know.
Keep your rent payment records.
2007-10-06 12:51:56 · answer #5 · answered by elliebear 7 · 0⤊ 0⤋