There is no Justice

@erikmama (12934)
United States
August 19, 2010 2:31pm CST
Just spoke witha lawyer about my eviction, and its not good what she told me. According to her, despite all I have read about evictionlaws, he does not have to give me time ti cirrect the problem,he can take me to court. Doesnt matter what he did with my rent money to cause mt to be late. Fact is I am late and I should start looking for a new place to live. I can not believe this.Because the lease says monthly and he allowed me to pay be the week or every tweo weeks, it voids my lease. The ladnlord iw wrong in so many waysma and I do not know what I am going to do. Why is it things are how they are and work against the general popilstion? Seems that the laws are written or so many exclusuions the laws set forth to help those of us who need the help are voided!
1 person likes this
7 responses
@aurorastorm (1136)
• United States
19 Aug 10
I am so sorry to hear about this, I had a feeling this was going to be the case. The people that are trustworthy hardworking people always seem to be the ones that when down on their luck just keep getting kicked in the teeth. I feel the same way today with some of my own financial crisis. Is it okay for me to ask what state you live in?
@erikmama (12934)
• United States
19 Aug 10
I live in the state of Tennessee. I have been to eviction court before and I know that the judges really arent hearing what you say.(Not an eviciton last time!LOL!) But still, it is not fair, and everyhthing that the lawyer said to me today contradicts what I have read regarding TN State laws.So,I plan to go to court on Monday and try my best to get the judge to hear my side of things and atleast give me a few extra days to dfind a place to go.That is all I am praying for, else I do not know where I will go with my 5 year od and I will lose what little I have finally been able to provide us with
1 person likes this
• United States
23 Aug 10
I am praying that things turn out in your favor today. It just seems like the more you try to pick yourself up. People still want to bring you back down. I hope the courts are more understanding today, than that obnoxious landlord.
1 person likes this
• United States
19 Aug 10
If you live in Ny you can't be tossed out so easy. They will give you time to get a new place or pay your back rent. In my building people oew thousands and still live here. The landlord just settled a 10 grand case for % and will move her to a smaller unit.
2 people like this
@erikmama (12934)
• United States
19 Aug 10
Well, I didn't think it was suppose to be so easy to do in the state o Tennessee either, but again,I am no lawyer and do not do this every day for a living. The lawyer told me everything that CONTRADICTED all of the literature that I had found, including the brochure that I picekd up from the Legal Aid office itself. The lawyer soundd really uninterested in the case and when I told her something very important was NOT in my lease as she said it probably was, she continued with her conversation as if it were in the lease. I dont know.Guess Monday I will find out. I am always disappointed in the legal system and this is one of those times
1 person likes this
• Canada
19 Aug 10
I say go to court and see the judge tomorrow, as planned. Without a lawyer. The judge will make allowances (they have to) when someone represents themselves. They will steer you through it, because they know you are not a lawyer. They will make allowances. Fact is you paid the rent. You were not late. He added the electric bill on which is separate and not part of your rent, per say. And he agreed to wait for that money until the end of the month. Blindsiding you like this, and changing his mind without consulting nor agreeing to you, after leading you to believe he was able to wait till a set date for the electric has to be fraudulent. Was this lawyer free from Legal Aid? Because they don't like going to court if they can help it, because they only get paid a set fee, not anywhere near what they would normally bill a private client, so they will tell you to settle out of court or tell you not to pursue it just so they won't have to go to court and represent you. You have a right to the best defense and this is certainly not that at all.
1 person likes this
@erikmama (12934)
• United States
19 Aug 10
Yes, she was from the Legal Aid office and sounded as uninterested in what I was telling her as one possibly could sound, even ignoring things I was telling her. She made no sense to me AT ALL and informed me Legal Aid can not defend me if I owe any amount of money and that a verbal contract is no good. She stated that because our rental lease says monthly and he has allowed me to pay weekly and bi-weekly it voids the lease in its entirety. My lease states that I have a period of 5 days to pay said debt before action can be taken.He got the court orde after it was just 3 days alate. He did not ask me to move,instead took me to court, and TN law states he must provide me wit h a written notice to move before taking me to court. She says no. I picked up aneviction handbook which states these very same things and she still told me no. I am very confused, very upset and worried as I have no idea what to do.The lawye recommended I go apply for housing in public housing... I will go to court on Monday. I am hoping to get a weeks extension to try to obtain better legal advice, but I am not sure if the judge will allow that or not.If not then I do plan to state my case the best that I possibly can,and I know that I do have the right to be heard even if I do not have a lawyer. I am confused.If I can just get this extra week I will have the money to move.Otherwise she said I will need to be out of the place by Aug30th or the sherriff will set my things out
1 person likes this
@erikmama (12934)
• United States
22 Aug 10
I'm very nervous about tomotrrow, but hopefully all will go in my favor. Hopefully he will allow the extension.He can do this for up to 15 days,but I am not sure what the legailities of that are. Yes,I will dress professional and be respectful of the judge.I am just hoping that the judge will give me time to speak and recognize that I am not a lawyer doing the best I can with less than a weeks time. I want to let you know that I truly appreciate all of the help that you have given to me on this matter.I will let everyone know tomorrow what the outcome is!
1 person likes this
• Canada
22 Aug 10
I so wish I could go with you for moral support and to advise you as well. I see below, another responder said to bring Erik with you, I think it is a good idea, if he is there, but just so long as he doesn't interrupt. Just remember, you are not a deadbeat. You do not deserve this. You are trying as hard as you can. You are just barely making it after having been through he11. This injustice should not be perpetrated on you and your innocent child because of an old man's temper tamtrum. I'll be waiting for the results tomorrow. BIG, BIG HUGS of support!
@bounce58 (17524)
• Canada
24 Aug 10
Hi erikmama. Again, I am too late in this discussion. And again, even if I am already angry here for the things you've got to go through with the landlord, and this lawyer, I can't help feel anxious and craving information on what happened yesterday. I hope I see updates in other discussions.
1 person likes this
@erikmama (12934)
• United States
8 Sep 10
Hi Bounce.There is always something going on with me.You gotta log in every half-hour with me or you will mss it all! LOL! Well, as you know, I did win the case.But now less than a month later we are going to court for the eviction once again. He is saying because I moved to another unit my lease is voided...I say it wqas transferred.So I dont know,bounce,in the end the old bastrd may be victor.
1 person likes this
@bounce58 (17524)
• Canada
8 Sep 10
But, you are looking for some place else, right?! Just want to make sure that after all this is done, you wouldn't end up in the streets. I hope you find some better place. Luck be with you!
1 person likes this
@lelin1123 (15645)
• Puerto Rico
22 Aug 10
Hi my friend erikmama, I thought the laws when it came to renters was more for them then the landlord. I thought he could take you to court but the court will give you three to 6 months to find another place to live. That is what I thought the law was. Are you sure this lawyer is not a friend of the landlord?
1 person likes this
@erikmama (12934)
• United States
22 Aug 10
The lawyer pretty much contradicted everyhthing I have hear and read about the laws.I have had a couple of people tell me that ihave 3 months others 30 days.But surely more than 7.
1 person likes this
@lelin1123 (15645)
• Puerto Rico
22 Aug 10
There is definitely a law that a landlord can't throw someone out in the street in so little time especially one with kids. The lawyer is not telling you the truth.
1 person likes this
@cripfemme (7718)
• United States
25 Aug 10
Call Legal services, they provide free lawyers. I know that if you leave without housing court evicting you, you won't be eligible for as many services. Private message me if you need any mom help. I'm a community organizer.
@cripfemme (7718)
• United States
25 Aug 10
I meant to say more help and not mom help
1 person likes this
@dorannmwin (36698)
• United States
22 Aug 10
This entire situation for you really stinks. I know that here in Kentucky it is not that easy to throw someone out on the street. My mother used to have a rental and the people weren't paying rent at all for several months and it took her at least four months to be able to get them out of the house. That said, perhaps the judge will rule in your landlords favor, but I would imagine that you would get more than a week to find another place to live. Heck, even if they rule in your favor I think I would start looking for another apartment anyway.
1 person likes this
@erikmama (12934)
• United States
8 Sep 10
3 weeks ago I started this discussion, and last night I was served once again with court papers to go to court for the eviction. I did win the last case,though.This I am not sure about because I moved into a different unit and he is trying to say that this voided my lease...
1 person likes this