paste!
Is this malpractice from the attorney that was supposed to represent me?
Is there anything I can do about the 911/dispatcher essentially getting me evicted?
How do I get the tapes of my 911 call before they delete them if not already?
I have had several issues:
Back in March I found a room for rent on craigslist and moved into the basement level of a house in xxxx Minnesota. (I am spilling so many beans, "they" may surely figure out where this is coming from)
There have been many issues, no heat, non functioning electrical outlets with exposed wiring on some, my "private entrance"'s doorknob does not work properly and being a major struggle to get out or in, on the first night the landlord said he would replace it - also I expressed the need to be locking the house up. Since then it has not been fixed, I have no key and it has been a fulltime unlocked doors situation, to the point of where I moved some valuables to a friends place for safe keeping.
no smoke detectors.
no handrails.. lots more...
Lots more and I will probably not get to every one.
Last month the landlord said he was going to fill the other side of the basement with large quanties of freshly chopped and split firewood. As I suspected, I found nothing good on google about doing such a thing.
There are no police in this town, it is a small township - so I called 911 and briefly told the dispatcher about the firewood situation and with emphasis said "do not send an officer and to have someone call me back, I said if an officer was sent here I would surely be evicted by this landlord".
I know about Minnesota statute 504b.205
A sheriff arrived here! and when I seen him coming up the driveway I quickly wrote up a repair order asking that he the landlord fix the AC outlets downstairs and puts screens over the windows downstairs.
My landlord seen him coming up the driveway and came outside near to where I was sitting.
So as not to be heard by the landlord I quietly told the sheriff that he was supposed to call me and told him to call me back when he leaves and I said I am going to be evicted now for sure.
We went behind my van and I faked some concerns about being pulled over and it was something to do with my tail-lights.. He added that I should remove that section of the dealers plate cover that covers the 10,000 lakes on my license plate as I could be pulled over and ticketed. I thanked him and he went back to his car. My landlord went to his window and inquired about how he would go about evicting me. The sheriff drove off, the landlord came to my window and said he was going to evict me, I handed him my signed and dated repair order.
I had been getting advice on filing an escrow or abatement case against the landlord. I was planning on doing so as soon as I found another place to move to. This unexpected mistake by the 911 people forced me into immediate action and now I have one more week to find somewhere to live.
The next day, sunday the 17th of july I cooked some chicken downstairs in my electric frying pan, things got a little smokey and I found that I could not even open any of the windows downstairs, disreguarding whether there was a screen in place like I had asked to be fixed in my order the day before. There has been a horrible insect problem here and I wanted screens and had confronted my landlord at one point to stop leaving doors and windows wide open.
The landlord shut the electricity to the house off at the pole, which also leaves me with no water and took off in his truck. I called 911 and when a sheriff called me back I described what had happened and expressed that it was illegal and a crime to which he concurred and said he would be right over. While waiting I was eating my chicken, it was a bit burnt and when done with it I went to brush my teeth and had to rinse my mouth out with pepsi as I discovered the electrically pumped water is now gone.
About 4 hours later, it is now dark out and I am still waiting, the landlord pulls in with two squads behind him, a sheriff and a seargeant. There was a discussion amongst us and they said they were not going to charge him for the crime because he had came back and restored the power.
The next day, monday the 18th, I am served an eviction paper to goto court the following monday the 25th, I asked the person that served me who am I to talk to about issues with this house and was told that the person would be his father, I asked who he was and he said his name, the owners son, as he was walking away he said he would return in a few days and give me the details on contacting his father.
I know about disclosure and there was none 504B.181
This same day I was served, monday july 18th I called "legal aid" and described what happened, at 7:30pm I get a call from one of their attorneys, she asked me to sent pictures of he eviction papers, I did this. She emailed me on tuesday a thank you and said that she would look into this and be getting back to me, tuesday, or wednesday I had the sheriffs report on this incident sent to my email, I sent that to her also.. over the week I emailed her back asking her for response, I also called her "legal aid" agency and tried to talk to her 3 or 4 times, finally it is friday near the end of the day and I am calling and transfered to her voice mail and I stated that the week is done, no communication, why?! and with emphasis: "it is not like I can try to call you on monday, no!, monday I am to be in court!"
I call "legal aid" back about 15 minutes later and am told that another attorney is representing me... one who I would not even want to talk to.. why? Earlier at the last place I rented I had a landlord come at me with a knife and had a recording of this, I had drove to "legal aid"'s office and showed them my printed up evidence of his stalking me via text messaging (over 200 messages) and played the recording, the attorney I was before asked if he could go play it for his boss, when he came back he said something like "This is good evidence but yet, we still do not want to help you with this".
That landlord, from what I can tell from court records had received a felony terroristic threats charge from another renter of his earlier.... When I had called "legal aid" back after this and wanted some explanation as to why they did not help with such a matter I was refered to this attorney now who they say is going to be representing me on the following monday.. I had bad vibes, wondered if this was a setup or if she even was going to be in court "for me"..
There is so much wrong with this case.. to where the landlord should loose.. The sheriff's report states that he is also a renter, while he had told me that he owns the house and pays mortgage on it. No disclosure, the utilities.. the final repair order has around 15 things on it and I am not sure if I will get to that here.
So, I am transfered to "my attorney" and she said we are going to get this thrown out of court, we spoke for one minute.
Monday, the 25th of july, court day:
I am in the waiting room and she/the attorney "for me" enters, I am filling out the answer to an eviction in the back of the attorney generals tenant/landlord pamphlet, I ask if I should continue filling it out and she says we won't even need it. She asks if my LL is in the courtroom and I described him.
She leaves and returns and now is my enemy. At one point she asked if I would pay his eviction costs and be out at the end of august, I said "NO!, I have rights! whats going on?" she leaves to go talk to the LL.. she had left about 4 times to talk to him.. she came back the second time or so and is wanting me to agree that I pay no rent and be out september first, I told her NO! five times in total.. she said I was a squatter, said I manufactured all of this, said I was picking on a 22 year old, my LL. I said fine, I will just go after the owner, she says "Then the court will look at you like you are picking on a 95+ year old man" I said "what about me, in the middle?!" she had been doing this whenver I said NO!, she puts her head down on the table and pleads with me "Come on! they are waiting for us!", Again I say NO!, she'd say "they always side with the landlord anyway", "They dont like these wishy washy tenant landlord cases" upon her refusing my rights and my "NO"'s she'd be putting her head down, looking sleepy.
What was I supposed to do?
At another time she said "you wont have to drive back here again!" Oh really I thought... so, I signed her paper at her demand, forfeited my rights, had no idea about my rights that I learned about later, where I cannot introduce NEW evidence if I were to appeal this later and at LEAST at this point where I accepted this bogus deal - I could had mentioned many many things, therefore allowing them to be brought out in appeal - OR MAYBE the judge would had refused to allow me to go with what was "offered".
Do I have a strong enough case to go after a "Legal Aid" outfit for unfortunate people and either sue that attorney individually or sue the Firm itself?
I looked it up and the firm is insured for malpractice suites.
Tommorow I go check out if all goes as planned, a real apartment, I have been at craigslist 'rooms for rent' for the last year, ALL were major problems, 3/4 of them were landlords with felons, assault felons. this guy now is not one and was actually pretty nice three nights ago when we talked, we had pretty much not talked at all since I moved in here, when I'd say hello how you doing this morning them first few days and got no reply I just decided, fine, he dont want to be friends, I will try to make the best of this here. yet things kept on happening to where I felt he was trying to drive me out. the no heat mainly, that along with wide opened doors as he goes to work while there is snow on the ground still!!.
I had served this multimilionaire on his property with my repair order about a week ago, this order is much larger than the first one which specifies two things, the first repair order was expired before the court date and that legal agency is trying to keep me from easily enforcing it, I think when they learned who I or they were up against they decided to back out (at court when they met the landlord and the home owners son)
another thing... how do I now, get a court order that the first repair order be enacted upon?
statute 504B.391 shows some fines for court ordered repair orders that are not completed.
I Could really used the money from the illegal lockouts.

