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Fighting Eviction and Back Due Amount

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  • 03-18-2014, 05:56 PM
    Another Demise
    Fighting Eviction and Back Due Amount
    My question involves an eviction in the state of: tenn
    I am currently in the process of fighting my mom's landlord in court. I am a party to this case though. The main problems started about 2 months ago when my new neighbor from another state was just randomly made landlord I guess in exchange for his handy man service's and etc. We moved to this trailer with a friend of mine shortly after he got it. We stayed there alot but not all the time. The lease, power, utilities, all in his name. This was in January of 2013. He signed some type of lease stipulating the damage deposit and 500 a month which could be paid in intervals or in bulk. When he up and left 4 months into his lease rather then go to a hotel we just began to cover his rent on the weekly. before he left up it was set up to us paying one week and he getting it the next week. With him being out of work at times sometimes that would leave gaps where it was just us paying our turns.

    During this time our landlord had some type of mental break down and left her job and was no longer reachable to any tenants in regards to anything. It was during her tenure the balances for most trailers in the park were off by hundreds and hundreds of dollars. The number scheme was usually squashed as soon as you presented a good amount of receipts disputing it but this would occur over and over. Finally I would say 6 months into his lease and 40 some days after my room mate could no longer be found the 3rd landlord came asking about back rent, we told her the guy who the lease is for is gone, we told her we were staying there under him, she kept saying he owed this, said that she would just merge us onto his lease and then ask us how long we'd been staying around. i told her january and she said you should pay his back rent since you were living here. I did not agree to that but my mom did not dispute it. She never brought the lease after repeated requests for it. Rent continued to be paid to the point that we payed a little extra to kill some back rent. Because we were one of only 4 lots in the park actually paying or attempting to our rent was lowed to 400 dollars a month. This turned into the bases of the conflict with the new landlord/neighbor who had been instructed to raise rent to 600 regardless of lease. The lease never really came but the bad number keeping continued. It reached a point where their numbers were so bad i instructed my mom not to pay anymore. She would receive verbal assurances of one amount, pay that and be told more was owed a day or two later. During two incidents rent was taken, and a eviction letter was sent from the landlord requesting more money. The new landlord offered the rent money back that had been paid two days prior if we would except a deal to leave in 48 hours which was refused. These games went on until most of my neighbors were gone and we were the last tenants standing. He also at one point sent papers requesting a brackground check and 2 days after that gave another eviction notice. These signed papers are what they are claiming are my lease now.

    The jist of what i am askin is this, As far as the balance goes can the back rent on my friends lease that they got my mom to pay be used to subtract from their claimed balance?

    I have had a hard time finding my last landlord, does the property owner have a responsibility to give me her contact information for court since she can confirm mismanagement and the illegal lease merger and confirmation of my rent being lowered to 400?

    How do I handle this lack of lease situation? They have a background request sheet that is signed by us both stabled to a lease that we never signed, how do i fight this? You also must pay a deposit to get in here and their lease claims we did not have one. Does that help to undermine the legitimacy of the fake lease?
  • 03-18-2014, 10:29 PM
    Mr. Knowitall
    Re: Fighting Eviction and Back Due Amount
    If you signed a one year lease, running through January, 2014, then your lease is up. Why don't you look at your lease and tell us if it is up? You can decide for yourself if you're going to try to assert that you have a lease, or try to convince a court that the lease was never valid and that you have some form of oral rental agreement.

    As for the rent, you've either paid your rent on time and in full for every rental period or you have not. You have either done so since this landlord took over, or you have not. We're not in a position to determine whether you owe rent.

    Why would your current landlord know anything more about the whereabouts of the person who sold her the trailer than you do? Have you asked if she knows how you can read that person?

    You can be charged all of the rent you owe. If you and your roommate were not on the same lease and did not, under the terms of your leases, have joint and several liability for the rent, then you should be able to pay only your rent. If you are jointly and severally responsible for rent under your lease(s), then you owe the full rent. If you voluntarily pay somebody else's rent, you do not get credit for that payment toward your own rent.
  • 03-19-2014, 12:14 PM
    Another Demise
    Re: Fighting Eviction and Back Due Amount
    Quote:

    Quoting Mr. Knowitall
    View Post
    If you signed a one year lease, running through January, 2014, then your lease is up. Why don't you look at your lease and tell us if it is up? You can decide for yourself if you're going to try to assert that you have a lease, or try to convince a court that the lease was never valid and that you have some form of oral rental agreement.

    As for the rent, you've either paid your rent on time and in full for every rental period or you have not. You have either done so since this landlord took over, or you have not. We're not in a position to determine whether you owe rent.

    Why would your current landlord know anything more about the whereabouts of the person who sold her the trailer than you do? Have you asked if she knows how you can read that person?

    You can be charged all of the rent you owe. If you and your roommate were not on the same lease and did not, under the terms of your leases, have joint and several liability for the rent, then you should be able to pay only your rent. If you are jointly and severally responsible for rent under your lease(s), then you owe the full rent. If you voluntarily pay somebody else's rent, you do not get credit for that payment toward your own rent.

    The landlord said we owed the back rent because we lived with him in the months before she discovered he had left town or whatever. it was just his lease, we paid our weeks but it was in his name, no mention of us. when she said she would merge us onto his lease thats when she wanted his back rent from us. she never brought the merged lease over though so there wasn't one. i ordered her not to py anymore rent when the new landlord kept taking rent but changing the back rent balance and finally when he asked for it and then gave the unofficial eviction 2 days later. i want the back rent of my room mate who we were instructed to pay subtracted from the current balance is what i am saying.

    And i have no idea how to get in touch with their landlords that no longer work for them but if they brokered deals with tenants they did not have the authority to make they need to be brought into the case.
  • 03-19-2014, 12:55 PM
    Mr. Knowitall
    Re: Fighting Eviction and Back Due Amount
    Quote:

    Quoting Another Demise
    View Post
    The landlord said we owed the back rent because we lived with him in the months before she discovered he had left town or whatever.

    Please translate that into a comprehensible statement.
    Quote:

    Quoting Another Demise
    it was just his lease, we paid our weeks but it was in his name, no mention of us.

    Unless you tell us who "he" is, we have to guess. You previously told us that the primary tenant is your mother, not a "he". If you mean that you only signed one lease, so what? The successive landlords acquired the lease when the acquired the premises.
    Quote:

    Quoting Another Demise
    when she said she would merge us onto his lease thats when she wanted his back rent from us.

    First a "he", now a "she" - this is a landlord who got a sex change?
    Quote:

    Quoting Another Demise
    i want the back rent of my room mate who we were instructed to pay subtracted from the current balance is what i am saying.

    You have chosen not to answer my questions in relation to the roommate. But again, if you're jointly responsible for the rent, it doesn't matter that it was your roommate's share - if you want money you need to get it from the roommate - and if you voluntarily paid the rent then you voluntarily covered your roommate's debt, not your own.
  • 03-19-2014, 01:01 PM
    brownj12
    Re: Fighting Eviction and Back Due Amount
    There are only two possible situations
    1.) You are not the tenant there fore you do not owe rent, there fore you have no claim to the house, they can evict you
    2.) You are the tenant, therefore you must pay rent (regardless of whether your roommate is missing or not) therefore if you haven't paid rent they can evict you

    Either way if the rent is not paid they can evict you.
  • 03-22-2014, 08:14 PM
    Another Demise
    Re: Fighting Eviction and Back Due Amount
    Quote:

    Quoting Mr. Knowitall
    View Post
    Please translate that into a comprehensible statement.

    as i stated before there were multiple landlords. 5 in the year we have been here. The first landlord was a woman, after she had her issue she was replaced by another landlord named Judy. She is the one that said we needed to pay his back rent.
    Quote:

    Unless you tell us who "he" is, we have to guess. You previously told us that the primary tenant is your mother, not a "he". If you mean that you only signed one lease, so what? The successive landlords acquired the lease when the acquired the premises.
    My friend steven is the he. He is the only one to formally have a lease. We were both to be illegally merged onto his lease or he was just to be stripped of his right to live there without a formal eviction and we were to take his place. Which ever way you wanna look at it we were to take his place. The lease for that transition was never delivered to us.
    Quote:

    First a "he", now a "she" - this is a landlord who got a sex change?
    Cant remember the first girls name, second one was wanda, third one was judy, fourth was john, the head of security shawn feels in between all these landlords when they are absent.. The she is judy, the he is john.
    Quote:

    You have chosen not to answer my questions in relation to the roommate. But again, if you're jointly responsible for the rent, it doesn't matter that it was your roommate's share - if you want money you need to get it from the roommate - and if you voluntarily paid the rent then you voluntarily covered your roommate's debt, not your own.
    instead of him paying his 125 four weeks out of a month he would pay twice a month and me and my mom would get the remaining weeks to compensate him for being there. make more sense? But it was still just his lease, we were defacto tenants of my friend, steven's.. so from the perspective of the landlord and park owner its just my friend renting the trailer with 2 other people living with him.


    When i say landlord i just mean representative of the park owner.. The leases dont change with landlord changes, the people suing in court are the park owners. Although every property owner is a landlord, not every landlord is a property owner, to clear that up..

    Quote:

    There are only two possible situations
    1.) You are not the tenant there fore you do not owe rent, there fore you have no claim to the house, they can evict you
    2.) You are the tenant, therefore you must pay rent (regardless of whether your roommate is missing or not) therefore if you haven't paid rent they can evict you

    Either way if the rent is not paid they can evict you.
    they cant evict me in that context because they know i live there, i receive mail there, they have taken my rent every month for 6 or 7 months knowing my roomate, their formal tenant was already gone..

    as for your second remark, you can not take a defacto agreement between me and my roomate and apply that in a dejure sense to us past the point of discovering he abandoned his trailer and whatever process they went through to make it official that he wasnt a tenant anymore.

    - - - Updated - - -

    come on now, bump bump folks..
  • 03-22-2014, 08:19 PM
    Mr. Knowitall
    Re: Fighting Eviction and Back Due Amount
    If you don't pay your rent, you can be evicted.

    I'm not interested in trying to decipher your cryptic narrative.
  • 03-22-2014, 08:24 PM
    Another Demise
    Re: Fighting Eviction and Back Due Amount
    i broke it down for u when i seen you didnt understand what i said. i will not pay rent if i get an eviction everytime i do, i will not pay rent if the numbers arent correct on my balance, i will not be suewd over rent when i have been made to pay the back balance of my dead beat friend who they couldnt have gotten their money out of at gun point thus making them lucky my mom buckled to their demands for it. can i make them provide a template of all their leases and can i make them provide the information on my ex landlord to bring her into this case? i cant make it anymore goddamn clear and u know my actions are greatly dependent on what you MR KNOW IT ALL tell me is viable, not anyone else on this forum but you so cut me a break already..
  • 03-22-2014, 08:47 PM
    Disagreeable
    Re: Fighting Eviction and Back Due Amount
    If they own the trailer and you have no written lease you are a month to month tenant and can be evicted with proper notice. If you do not own the trailer and the owner has not paid and the landlord has no lease with you, they can evict you.
  • 03-22-2014, 09:00 PM
    Mr. Knowitall
    Re: Fighting Eviction and Back Due Amount
    Quote:

    Quoting Another Demise
    View Post
    i broke it down for u when i seen you didnt understand what i said.

    Your version of "breaking something down" reflects a very poor ability to organize and focus your thoughts. But no matter how much you obfuscate, the answer doesn't change.
  • 04-08-2014, 05:51 PM
    Another Demise
    Re: Fighting Eviction and Back Due Amount
    i cant break down chaos from people who dont know how to be good landlords or smart outlaws.. the judge dismissed alot of their judgement based on their inconsistencies. i do want to know this, if i am evicted from one lot am i still allowed to visit my ex neighbor/friend in another lot? I tried to go to my buddy's house to get some stuff I couldn't fit in the uhaul and the landlord said i was banned from the whole park and would get me on a no trespassing warrant. is that true if its not my old trailer itself? and my name isnt even spelled right on the detainer warrant, does that effect their ability to eject me from my friend's house?
  • 04-08-2014, 05:56 PM
    jk
    Re: Fighting Eviction and Back Due Amount
    do they have a restraining order from the court restraining you from entering the park?
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