Jump to content

Sign in to follow this  
callichris

Landlord Suing

Recommended Posts

My landlord is attempting to sue me for damages in a home where I have not lived for what will be 6 years in September. He has a copy of lease that was last signed in 2011. I never signed the lease after that but continued paying rent up until the last months when I was about to move. There was flooding in the basement that led to flooding and caused mold buildup that made myself and my son sick constantly coughing so we moved. We'll be in small claims court and the last time I was in small claims court - they barely let me speak on my own behalf so I'm afraid the same thing will happen and he will ending up getting a judgment against me. Does anyone have any suggestions on how I should proceed?

Share this post


Link to post
Share on other sites

You really need to be doing two specific things right now: 1) learn about the process to remove a case from small claims court to a court of more competent jurisdiction, where the judges actually attended law school and the Rules of Civil Procedure apply and 2) go through the lease with a fine toothed comb.

 

In some jurisdictions, an appeal of a JP decision actually gets you a trial de novo at County Court. 

 

The typical lease agreements have language that continue the lease in effect until one party gives notice of an intent to terminate.  I had a situation on one home where the HOA kept wanting a current copy of the lease even though the seven-plus year old lease was still in effect.  I had to drop terms like tortious interference before they finally backed off...

 

Other considerations will be the landlord-tenant provisions of law in your jurisdictions.  In some places, you are looking beyond a standard limitations expiry for litigation and instead at a situation where the law expressly provides that the landlord needs to address potential issues within thirty or sixty days following the move-out.  You very likely have some due diligence issues, to say nothing of a laches claim. 

Share this post


Link to post
Share on other sites

what does this mean? " paying rent up until the last months when I was about to move"

Share this post


Link to post
Share on other sites

the last month I did not pay - i assumed I had grounds not to pay because he did not fix the mold problem

Share this post


Link to post
Share on other sites
1 hour ago, callichris said:

the last month I did not pay - i assumed I had grounds not to pay because he did not fix the mold problem

Assuming and the law are two different things.

Share this post


Link to post
Share on other sites

do you know the SOL for this debt? what is the amount? what were you in SCC for last time?

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  




  • Today's Birthdays

  • Member Statistics

    • Total Members
      177,780
    • Most Online
      1,528

    Newest Member
    bitgo82
    Joined

About Us

Since 2003, creditboards.com has helped thousands of people repair their credit, force abusive collection agents to follow the law, ensure proper reporting by credit reporting agencies, and provided financial education to help avoid the pitfalls that can lead to negative tradelines.
×
×
  • Create New...

Important Information

Guidelines