I have 2 evictions on my credit report. 1 of them is from NY in feb 2007 and the other was in MA in july 2009. The one form NY was all court fees. We moved to MA because we couldn’t pay the rent anymore. My wife was not working and she was pregnant, and i lost my job. So we just up and moved to MA (where im from). About 2 years later i lost my job again and we just up and moved to CA. We had so much debt under our belt so we claimed chap 7. I know my/our credit is completely shot. We needed a co-signer to get the apt where we are living now. My wife wants to move to a more child friendly area, but everywhere we look they do not accept anyone with evictions, not even with a co-signer. Are we stuck here for the next 7 years or is there a way to get the evictions off of our credit? Due to the bankruptcy, we do not owe anything anymore, including the 2 apts where we got the evictions. Someone please show me the way so get out of this mess……….
Category Archives: Landlord Tenant Law
Should I and how do I file a fraud claim against my overtenent for not paying my rent to the landlord?
I have been subletting my apartment from an individual for over a year. As it turns out, for the last five months he has not been paying the landlord the rent I have been giving to him (he also has my security). It amounts to nearly $8000. Should I file a civil claim against him? A fraud claim? Both? The landlord’s attorney is threatening to come after me for the back rent. I would like to get as much of the rent from him and pass it on to the landlord, it would make me feel a lot better about the situation. Any advice would be appreciated. Thanks.
Help with writ of garnishment against tenant in MD?
I am about to file a writ of garnishment of wages against my tenant, since I have a court order, properly executed eviction, etc. However, I have 2 questions:
1) on the form, I am supposed to put the last known address of this guy. Well, he moved without telling me where he was going nor a working phone number. What address am I to put?
2) Other than filing for bankruptcy or proving that he can’t survive on his current salary (which I doubt, because he is a store manager, and it’s not like I’m taking a huge amount from him per paycheck), how else can he avoid paying me? I know he has 30 days from the initial writ to challenge, but after that? And on what grounds can he challenge the writ, anyway? He lost the initial decision in court anyway, which led to his eviction, and this is just the final step.
I rcvd a letter saying the house I rent was sold to foreclosure – I must vacate – my landlord denies?
I received a letter a saying the house I rent may be sold to forclosure on 09/01/09. I called the attorney listed in the letter on 09/08 and was told the property was sold.
I have a new letter stating the property was sold and I would need to vacate the property. Since I am renting, I have 90 days to vacate if I can provide copy of my lease.
I contacted my landlord, he denies everything. Says he know nothing about the letter, nothing about foreclosure. I also received a visit from another individual who says they are on the original loan and came by the see who is occupying the property. I know he was unsure about some things because he was fishing for information.
Do I believe the landlord or the attorney, how do I double check to see what is what?
Do you like my new Christmas song?
I think it kinda fits the current situation…
And yes there is a little truth to it aswell…
Me and my husband both got layoffs after decades of loyalty to our jobs. We have lost almost all of our 401k’s and well, we are already preparing to loose our house and live elswhere….Happy Holidays to all the execuatives and VP’s…
On the first day of Christmas
my government sent to me:
A Unemployment ran out form.
On the second day of Christmas
my government sent to me:
Two 401k’s gone.
And a Unemployment ran out form.
On the third day of Christmas
my government sent to me:
Three more rounds of Layoff’s,
Two 401k’s gone.
And a Unemployment ran out form.
On the fourth day of Christmas
my government sent to me:
Four credit cards,
Three more rounds of Layoff’s,
Two 401k’s gone
And a Unemployment ran out form.
On the fifth day of Christmas
my government sent to me:
Five months without help on morgage,
Four credit cards,
Three more rounds of Layoff’s,
Two 401k’s gone
And a Unemployment ran out form.
On the sixth day of Christmas
my government sent to me:
Six bills past due,
Five months without help on morgage,
Four credit cards,
Three more rounds of Layoff’s,
Two 401k’s gone
And a Unemployment ran out form.
On the seventh day of Christmas
my government sent to me:
Seven days till evection notice,
Six bills past due,
Five months without help on morgage,
Four credit cards,
Three more rounds of Layoff’s,
Two 401k’s gone
And a Unemployment ran out form.
On the eighth day of Christmas
my government sent to me:
Eight thousand dollars in stocks gone,
Seven days till evection notice,
Six bills past due,
Five months without help on morgage,
Four credit cards,
Three more rounds of Layoff’s,
Two 401k’s gone
And a Unemployment ran out form.
On the ninth day of Christmas
my government sent to me:
Nine more credit cards,
Eight thousand dollars in stocks gone,
Seven days till evection notice,
Six bills past due,
Five months without help on morgage,
Four credit cards,
Three more rounds of Layoff’s,
Two 401k’s gone
And a Unemployment ran out form.
On the tenth day of Christmas
my government sent to me:
Ten days of extension for eviction,
Nine more credit cards,
Eight thousand dollars in stocks gone,
Seven days till evection notice,
Six bills past due,
Five months without help on morgage,
Four credit cards,
Three more rounds of Layoff’s,
Two 401k’s gone
And a Unemployment ran out form.
On the eleventh day of Christmas
my government sent to me:
Eleven job denials,
Ten days of extension for eviction,
Nine more credit cards,
Eight thousand dollars in stocks gone,
Seven days till evection notice,
Six bills past due,
Five months without help on morgage,
Four credit cards,
Three more rounds of Layoff’s,
Two 401k’s gone
And a Unemployment ran out form.
On the twelfth day of Christmas
my government sent to me:
Twelve dollars left to live on,
Eleven job denials,
Ten days of extension for eviction,
Nine more credit cards,
Eight thousand dollars in stocks gone,
Seven days till evection notice,
Six bills past due,
Five months without help on morgage,
Four credit cards,
Three more rounds of Layoff’s,
Two 401k’s gone
And a Unemployment ran out form.
Can Tenant file a lawsuit against Landlord, NEW YORK STATE?
In Court papers my landlord claimed that my family and myself were squatters & moved into his property illegally, prior to the court he brought the sheriffs to throw us out but they instead informed him of following proper procedures, he has turn the water off, cut the lights and a lot of other stuff, just recently he was caught looking through the window while I was getting dressed after a shower.
The judge dismissed 2 of LL cases, there’s been 3 stating I was a squatter,the landlord and his attorney cancelled the other one. But, now I have another court paper stating that I am a month to month tenant and owes him rent and he wants me evicted. I have the money orders for him but he refused it. I have found another place and will be moving out by tomorrow, I will also take the money orders to court. Can I file a lawsuit against my LL claiming that I was a squatter and now he states I’m a monthly tenant. There are people waiting to move in and they are also calling me a squatter.
I was renting without a lease with the landlord legally, paid rent until February when the landlord stopped taking the rent. I have the money orders dated for feb and mar.
estielmo, you have it all wrong.
I did move in with the LL approval, he and my husband do not agree and he wants us out.
He claimed I was a squatter as wanted the cops to kick us out.
I have all utilities turned on, I did make complaints to the code dept and the utilities was turned back on after they got involved.
I am moving on, but it was kind of difficult to find another house with a lot of kids. I have my brother and sister kids, as they are in Iraq in the war, plus my own kids and my step kids, so it took a long time to find any place, we have since bought a house and will be closing on 4/1/08, so i am out. I still have the last two months rent for him in the form of money orders dated, 2/1 and 3/1.. But on second though i may just keep it as he has my security deposit which was a total of 2 months rent combined. It will take a lot to go into all the details o i tried and made it short and now i am being ridiculed by the readers for not moving.. All I asked was can I sue him
Is there any legal language that states who pays (atty fees) in Landlord/Tenant court?
Hello,
I live in New York City and I had to take my landlord to court to get a new lease, as they were holding it back from me becasue they thought I was subletting the place. (I had a roommate that couldn’t pay rent and I asked him to move out and I guess his way of “paying me back” was to lie to the landlord and tell them that I was subletting the apt, which I wasn’t). I was wrongfully evicted (they just changed the locks on me) and I had to take them to court to get it overturned. The judge said the case was a waste of time. Their claim was that I abandoned the apt but it made no sense, because I had previously ask for the new lease. Long story short, the judge said it sounded like miscommunication and that if that what is was then to give me the lease to sign. He sent us out the courtroom to settle the matter. I was granted the lease by the landlord and their attorney.
Now, I get a bill in the mail asking for their attorney fees of $956.00. This is outrageous to me! They didn’t win anything and I’m pretty sure that they aren’t entitled to this fee. Please help me out. I know a little about the law, and even if I didn’t commonsense would tell me that this has bogus written all over it. I want to respond with a letter tellign them that I am not paying, but I’d like to put in a legal reference in the letter showing them that I’m not responsible for it.
Can anyone help me out? I’m in New York County.
Thank you very much
I just caught my landlord trying to enter my apartment. What should I do?
I happened to take my headphones off when I heard a key going into the door over and over. I was startled because I didn’t know what that sound was, until I went to the door and looked through the peephole and found my landlord trying to use a key to open my door. (Apparently he didn’t know I was home.) I opened the door just as he was about to and he told me he was passing out a survey he needed to have me complete for the loan for the building. That was all he needed. I didn’t act upset because I was taken by surprise and didn’t have a chance to think about it, but I KNOW you can’t just enter a unit without giving notice, unless it’s an emergency, which this was not. (I should also point out this landlord is an attorney by day, so he of all people should know he shouldn’t be doing this.) I feel violated and angry. What should I do? How would YOU handle this situation?
Can i countersuit my landlord ?
i am moving and the landlord says to pay for the lease until the end of the year. but i am moving on august. Also there is a security deposit that is suppose to pay for the “damages” that are on the apartment. But, there is no damages. The landlord “threatens” to turn the matter over to an attorney. I was wondering if i can counter suit the landlord for lack of support to find the people who vandalized my car. The landlord tells me i cant see the tapes that contain information leading to the vandalism because i did not report the police. Please, can someone help me ?
any attorneys that specialize in tenant/landlord issues?
I broke my lease early because I could not be around the drug use.
I didn’t know it was even an issue till November when it got colder and they started smoking and such inside. I gave my landlord a Facebook and verbal message of two months notice and he agreed.
since he was not able to find a roommate to replace me he is now taking me to small claims court for 15000. He claims I owe backrent of 6 and I don’t know what the rest is for, a deposit perhaps?
anyway, I do not owe him a thing.
Neither of us has written receipts or bank statements of what I have paid.
I feel like if I never paid the deposit why would he let me move in? And if I owed back rent every month why wouldnt he kick me out?
He is calling another roommate of ours as a false witness and he too does drugs with him.
I can’t afford the attorney fees.
Any suggestions?