I have a property and its title was held by a LLC. Due to the tenant’s failing to pay her rent, I file an eviction in Superior court of California, Alameda county in October, 2008. After the tenant was evicted, I filed the default court judgment for the rent recovery in December, 2008. Judge Frank Roesch was assigned to the case. After I had worked with Judge Frank Roesch for more than six months, he suddenly told me that awarding me the eviction judgment was the court’s mistake, and working with me for the default court judgment was anther mistake. He said I could not represent a LLC. What a mistake is it? In last ten months, I have filed and revised the court papers for more than 10 forms, and I clearly stated that I was not an attorney in every form, Had Judge Frank Roesch ever reviewed any of the forms I submitted?

If the law does not allow me to represent my LLC, the court should reject my filing at the beginning, then, I might just transferred the ownership to my name immediately, and reissue another 3-day notice. In that case, all my loss is a 3-4 days of time. But now? Shall I have the tenant move back to the property and restart the eviction process?

Why could Judge make any mistake for free, but I have to suffer the consequence? Why should I pay for the Judge’s mistake?

Meanwhile, one way, Judge Frank Roesch asked me to hire an attorney, at the same time, he also told me that I would never have a chance to get my rent back anyway. It seems to me that Judge Frank Roesch already determined that he would never let me win the case, but, before he gives the judgment, he is more likely to see not only I lose the case but also I waste my attorney fee? What a judge Frank Roesch is?

Also, according to Judge Frank Roesch, another reason Judge Frank Roesch rejected my case was that he told me that I already took the benefit from holding the property with a LLC, I should only get one way or the other, but both. Is Judge Frank Roesch a business man or a judge? Does Judge Frank Roesch judge a case according to the law, or based on how much favor he is willing to give each party?

Even worse, the tenant has never showed up for any of the court hearing, but Judge Frank Roesch just totally ignored such fact. Why does not the tenant need to worry about her absence from the hearing? Could it be possible that Judge Frank Roesch has some kind of relation with defendant?

It’s a long story, but my daughter and I are going through probate for the house we live in. It was my mother’s home and when she died just before Christmas, the house became part of a very ugly probate process.

Even though we are 50% benefactors in the will, we are about to get evicted.

I have injured my back and am due to get an operation so money’s very tight right now.

We need an enclosed trailer to put our belongings into so that if the eviction goes through, we can pack up quickly.

Any help or ideas would be greatly appreciated.

Thank you,

Scott
I forgot to mention the house is in the same sad shape it was left in since Hurricane Charley. The estate is sitting on the insurance money.
I check Craigslist, e-bay, autotrader, and the local paper everyday, too.
Pods are a great idea, but they won’t work for us since we don’t know the exact time period this is going to happen in or, for that matter, where we are going to be forced to go to.

Are there usually fees? Do I have to get an attorney? Paperwork??

when i asked the question the first time nobody clearly understood me so let me clarify: I’m renting an apartment and the leasing office wrote $900 on the lease as my rent amount. I’ve been living there for 3 months now, and recently they tried to underhandedly have me sign some ‘forms’ so they could change my rent to $1100. They never came out right and said , “We made a mistake….etc” They sent us a threatning notice of eviction if we didn’t pay the difference . I refuse to void out my binding legal contract for a new one, just because they made a mistake. That’s not my problem. So i told them to speak with my lawyer if they have a problem. Aren’t i in the right?

Live in Sav’h, GA, was flooded in home rental(lived in 9yrs), lost so much. City’s drainage pumps shut down, home had flooded many times before. So, w/all attorneys in yellow pages, how do you find one that’s willing to take on this, w/out having to pay up front? being on disability doesn’t give me much $$$ to hire one. Tks, and God Bless for the advice. What are points for on this site also? This happenned past July, Red Cross helped as much as possible, but still trying to make ends meet by paying for lost utilities, all that Red Cross could not cover. Flood house has been sold since then, but know landlord made kickback from Ins. Co., and would like to know if he benefited from any of things we lost from his Ins. Co. and do we have option to sue him also, since we didn’t know in beginning that it was a flood home?

How can should I file an Emergency Motion to Stay for an eviction case where a 24-hour notice has already been posted on the 28th of September? I didn’t know I had that option as I was too busy looking for other places to leave, but quite frankly, I would like to try this option given that I have the money own in rent and would rather pay it. How should I word it? Are there specific forms to file?

Thank you for taking the time to read this.

I have been having a dispute with my landlord. I pay my rent on time every single month. However, she still complains to me about every little thing. Isn’t this bordering on harassment? It’s like leave me alone, I pay my rent on time so why are you bothering me. I am getting to the point that I want to take this person to court because of the mental anguish that she has caused. Anyone knows of any qualified attorney that would take this case?

Long story shortened; I asked my letting agent how much a court eviction would cost to get possesion of my flat back? They told me £150 so I said go ahead. Next thing I know I receive an invoice from a solitor for £338 for the court order and work done at £160 per hour for completing the form. Along with this invoice was a copy of the solictors terms of business asking me to sign to agree there charges?? This was the first I heard that a solicitor was involved as I assumed the letting agent would be dealing with it. Anyhow I have changed my mind and don’t wish to evict my tenant at this time. I haven’t instrcucted any solicitor, and I haven’t signed there terms of business, surely they don’t feel I am liable for costs of doing work for me without me instructing them??

Please help!
Yes UK! No the £150 court fee is payable to the court, and since this hasn’t been filed I feel I owe nothing? even if the solicitor has an agreement with the letting agent, this still doesn’t negate from the fact I haven’t agreed to the solicitor doing any work for me?

Ok so I live in ohio there is a program out here called ACT. They help you pay your rent and or utilities if you loose your job. The only stipulation is that yo have to meet some requirements. A very close friend of mine was going through this organization to help with her rent after she got laid off they told her that she had to attend GED classes in order to receive help. She complied with the requirements and paid her amount of the rent that was agreed upon. As of today may 27th she received a eviction notice form her landlord stating that she was 1400 dollars behind. When she called ACT they told her that they only help out for a certain amount so they had stopped paying their half and she was never notified of this, nor was it ever explained to her when the agreement was made. Also the landlord added on to the eviction that she was subletting the apartment when she had her 13 year old daughter move in with her, I don’t see how that is considered subletting when her daughter is a DEPENDANT! I am just curious if anyone thinks this is a little odd and if there maybe any ideas on how to go about this and what to do to possibly do to stop the eviction process. As of today she has 3 days to leave. She also just paid her half on friday before she received the notice.

Me and my husband live in the Mathews Crossing apartments in Jacksonville, FL. When we signed our lease on April 30th, 2010 we were assured that the complex was safe and that all the maintanence that needed to be done would be. Come to find out within a week, when a 10 month old baby was shot in the building next to ours, the complex is riddled with crime, there is always police busting someone. Cars and apartments are broken into. I’m 7 months pregnant and do not want to continue living in this area as it is a risk to our safety. All around the complex there are busted out windows, and tarps of the roofs. Our deck has rotted wood. The railing on the staircase is completely rusted away and is breaking off. The air conditioning unit is leaking. There is a bug problem they have not addressed. Any time we file a complaint and they actually send maintenence out, the maintenence worker can hardly speak English to understand the problem, and has yet to actually fix anything. How can we break lease legally?

I asked about the eviction process because if we cannot get out of this lease legally, we can’t continue to live here, either way. I will not put myself, and my family at risk.
We don’t want to have to pay an early lease termination fee and the rest of the months that we are on the lease for. We already have a credit of zero, and are not worried about our credit being messed up. We have another place available to move into any time we want.
We were told that the existing problems with our apartment and deck would be taken care of immediately. As well as the bugs. We didn’t take the time to drive around the apartment complex and look at the condition of the other buildings. And we were told it was a very safe place with good security, which we couldn’t tell was a lie until we had lived there for a little while.
There is an early lease termination thing in the lease. But it would still require us to pay over $1000 to break the lease early. I suppose we could take out a loan with someone, it would be better than paying for their attorney fees and the $3000+ for the months we still have on our lease.