Landlord filed motion for relief from stay....NOW WHAT????

[443gogreen]

We filed BK Ch 7 in March 2009 and at that time we were behind on rent. Despite the stay, the landlord filed for eviction and when we went to court and I showed the Judge the BK paperwork, instead of dismissing the eviction proceeding he indefinately postponed them.

So, it's been about 6 weeks from that and we recieved a letter from the landlord that he's filed a Motion for Relief from the Automatic Stay...he's filing himself with no lawyer.

We are moving; the well has been broken in the house and we've not had running water for 7 weeks (he refuses to fix) and our furnace hasn't worked since December (he refuses to fix).....all things that would have been dealt with at the District Court level but the automatic stay kept the Judge from hearing anything on the case.

So, we are moving June 1 at the latest (hopefully sooner) and I'm wanting to know the process of having the stay lifted by the Federal Courts. Is it automatic? Will there be a hearing? AND, what's my timeframe on such a thing?

We had April's rent to pay to him but I just can't see giving it to him when we don't have running water or a furnace that works. AND, I can't see throwing away the money (after all the money we've thrown away anyways) to fix these thing when I know we're leaving anyways.

Can anyone guide me on this process? THANKS!!!

[dingdong]

First , what state are you in?

Most states have recourse for tenants when habitability is in question.

You need to contact your states housing authority board or similar and file a complaint stating the issues you described. When you rent a residence there is a warranty of habitability. Running water and heat are necessities, and you can most likely use the habitability issues as an affirmative defense to witholding rent.

You need to keep all of your documentation regarding the repairs needed and a log of all contact with the LL about the home issues.

When you are served with the eviction notice, answer the complaint citing all of the issues with habitablity and you will be heard in court.

There is a very good chance, if you have provided documentation of the issues and contact with the LL, that the back rent that you have witheld may be forgiven under the circumstances.

You need to research your states eviction laws and what affirmative measures are allowed when answering an eviction complaint.

You don't want an eviction judgement on your CR, so be sure to answer the complaint when it comes, and at least try and get it dismissed.
Good luck!


DD

[dingdong]

Also, you can look on PACER and see when the hearing for the MFRFS is.

I would attend the hearing and state your case.


Sometimes the motions are ruled "behind the scenes" but possibly if you can persuade the BK judge to not lift the stay, citing hardship and the fact that the LL is not providing a habitable place to live, you might have a chance of waiting out the entire stay and getting the back rent discharged. It may be better if you have a place already lined up. If you inform the court that on a certain date you will be out and provide a new lease/rental agreement, maybe they will refuse to lift the stay? I have never had to deal with this personally, but I have fought an eviction in court and won by a LL who rented me a home that was in foreclosure ( unknowing to me) when I rented it.

If by chance the hearing date is set after you move out, it really shouldn't be a big issue if you don't attend.

The back rent will be discharged. He is just trying to get you out, which he has a right to ask the court to do.

Sounds like a real weenie LL.

[443gogreen]

We are in Maryland. And, yes, he is a weenie! LOL

Truth be told, the amount of money and heartache that this situation has cost us is probably not even calculable. We originally intended to stay in the home and continue to rent as we've been herer almost 4 years. But, we found out from the mortgage company that the LL hasn't paid his mortgage since September 2008 and as it turns out, he's got 9 other rental properties that he hasn't been paying on since then or longer. He's been taking rental money and paying his primary residence; and nothing else. YUCK!!!

My main concern at this point is being able to ride it out in this house until June, when we are moving to a new house. Truth be told, after all is said and done, he probably owes US money between the firewood for heat we've had to buy, the jugs of water just to flush the toilet and wash hands, etc..., the 2 water coolers we're using to supply cooking and drinking water and the laundromat cost for washing clothes. I've got 4 children under 9 plus me and my husband. When you do the daily cost of what we've had to buy it's no friggin wonder we're going bankrupt. AND, what I love love love is that in his Motion for Relief, the LL lists the amount due to him without ANY deductions for money we've had to payout to stay here and deal with this crap. It just erks me to death.

So, if I understand correctly, we'll recieve notice from the courts (and I'll check PACER) that there will be a hearing? I will most certainly attend that if it's before June1, which I'm sure it will be. How much time does this thing seem to take. From my research it looked like we'd have 15-20 days total (or around that) to answer the motion or file an objection??

I'm also concerned that if the stay is lifted for him AND District court grants him an eviction judgement........will that money judgement show as a collectable debt or would it be discharged in the BK? We were never personally served the papers; only by mail. Maryland law states that only posession can be granted; not money judgement if the person isn't personally served.

Also, I listed this lease on my BK papers as a contract,lease, etc.... that was ongoing. If we fail to maintain the lease or leave the house in June, are we in danger of jeopardizing the BK? Or, do I need to file an ammendment to that schedule now that we know we're moving by June????


lots of questions, I know. Sorry

[dingdong]

We are in Maryland. And, yes, he is a weenie! LOL

Truth be told, the amount of money and heartache that this situation has cost us is probably not even calculable. We originally intended to stay in the home and continue to rent as we've been herer almost 4 years. But, we found out from the mortgage company that the LL hasn't paid his mortgage since September 2008 and as it turns out, he's got 9 other rental properties that he hasn't been paying on since then or longer. He's been taking rental money and paying his primary residence; and nothing else. YUCK!!!

My main concern at this point is being able to ride it out in this house until June, when we are moving to a new house. Truth be told, after all is said and done, he probably owes US money between the firewood for heat we've had to buy, the jugs of water just to flush the toilet and wash hands, etc..., the 2 water coolers we're using to supply cooking and drinking water and the laundromat cost for washing clothes. I've got 4 children under 9 plus me and my husband. When you do the daily cost of what we've had to buy it's no friggin wonder we're going bankrupt. AND, what I love love love is that in his Motion for Relief, the LL lists the amount due to him without ANY deductions for money we've had to payout to stay here and deal with this crap. It just erks me to death.

So, if I understand correctly, we'll recieve notice from the courts (and I'll check PACER) that there will be a hearing? I will most certainly attend that if it's before June1, which I'm sure it will be. How much time does this thing seem to take. From my research it looked like we'd have 15-20 days total (or around that) to answer the motion or file an objection??

I'm also concerned that if the stay is lifted for him AND District court grants him an eviction judgement........will that money judgement show as a collectable debt or would it be discharged in the BK? We were never personally served the papers; only by mail. Maryland law states that only posession can be granted; not money judgement if the person isn't personally served.

Also, I listed this lease on my BK papers as a contract,lease, etc.... that was ongoing. If we fail to maintain the lease or leave the house in June, are we in danger of jeopardizing the BK? Or, do I need to file an ammendment to that schedule now that we know we're moving by June????


lots of questions, I know. Sorry

Wow, what pain in the A LL!

Ok, first of all the LL won't be able to continue with the eviction UNTIL, the relief from stay is granted. It depends on your district, but hearings for Relief usually have to be heard within a certain time frame.

So now, go online and google "eviction law Maryland" and see if you can find out how long it usually takes to calender an eviction lawsuit and the typical timeline.

You may be able to use other tactics besides answering the complaint to stall the matter for a bit, see if your state allows you to Demurr to the complaint. Many states don't, some do, you might be able to buy a little extra time before having to answer by demurring to the complaint.

You can also contact an attorney familiar in eviction/real estate law and given your circumstances, they may take your case.

Be sure to mention that the home may be in foreclosure as well.
Go online to your county records and search for your LL name and see if there are any notices of default recorded for the property you are renting.


I would at this point read as much as you can about eviction in Maryland, so you are prepared and you know what defenses are applicable.

Also, Monday morning, file a complaint with the housing authority citing the habitability issues, or the appropriate agency that handles those type of complaints. This will also help you in your case.


You may want to call the BK court and ask them the timeline for hearing motions, but it should show up soon with a hearing date on PACER.

[443gogreen]

Thanks for all of your great advice! It's been a total pain in the A**, to say the least.

He sent his letter to us (one for me and one for my husband) via regular 1st class mail. I was kinda shocked that he didn't send it certified?? Either way, here's my last question (I think)

He lives in Georgia. We are renting in Maryland. He does have someone here who he paid to file the court papers in DISTRICT court but, I'm wondering if he can file for my LL in the Federal courts for the Relief or does the LL need to file in person, himself? It was prepared by my LL (the motion) and it basically looked like a form letter, and I'm guessing he mailed it in??? It was dated for April 17th BUT, it's not showing on PACER as of today. In my experience, thus far, anything that I've filed (even stuff in the night dropbox) has been posted to PACER within 24 hours so I wonder...........hmmmm, if he's actually filed it at all? Can he just file through the mail? AND, at the hearing, which we will of course attend to object the motion; wouldn't the LL have to be present?? He ain't comin up here from Georgia, I can most definately tell you that LOL!

Here's the other kicker in the story......so dramatic, I know, but the person who my LL hired is actually an individual that we rented to before we lived here (so 5 years ago) and he's weasled himself into this situation, because we still owe him money and he has a judgement which I 've of course listed in the BK and now he can't continue to collect on and he's pissed off. SOOOO, I'm wondering if there's some sort of conflict of interest if this "rep" (i.e, our old landlord) is in fact filing on behalf of our current LL and trying to collect on that debt??? Does any of that make sense?

As for the eviction process, I've been researching and it looks like a case would be filed in District Court (which is already was in March but got delayed because of the stay). I wonder if he'd have to file again since it's been so long? Either way, it'd take about a week to get a date, and if a judgement for possession is awarded then it's 5 days before they can actually request the eviction from the sheriff. At that point , it's a scheduling issue with theh Sheriff so I don't know if I can find out how long that would take? BUT, again, all of this would be after the stay is lifted, so really the timeframe would depend on IF and WHEN the stay would be lifted. I just think there are too many extenuating circumstances for either the FEDERAL judge to just lift it without questioning, AND/OR, the Districtr Judge to grant posession given the state of the property and the issues we've documented and had all along.

[JRScott]

Call the clerk of court for the bankruptcy district you filed in and see if any such motion was actually filed.

If it was ask for date of court appearance and yes the LL himself would have to appear as far as I know, his lawyer acting on his behalf or someone that had power of attorney over him could as well I suppose.

You might run to your local courthouse and see if their is a foreclosure board and if his property is listed.

Take pictures of the damaged parts of the home, the lack of repairs etc. Document the lack of heat and water.

http://www.peoples-law.org/housing/ltenant/llt.html

[dingdong]

I am pretty sure, to appear at a hearing in BK court you have to either appear pro per/ pro se OR be represented by an attorney licensed to practice in the state where the court is, so Maryland in your case.

I would have to check the Rules of Federal procedure, and maybe a guru can chime in soon , but I am pretty sure I am correct ( though with my usual caveat of I could be completely wrong )

I will see what I can dig up.

If relief is granted, be absolutely sure to answer the complaint ( eviction) ( in district court) timely, you may have to pay a fee to file some paper, but many courts have programs that will waive filing fees for the indigent. You most likley will qualify since you are in BK.

I will see what I can find out about the rules of procedure for filing a MFRFS.

DD

[dingdong]

[443gogreen]

Now that's A LOT of legal jargon, but, THANK YOU!

If I read this correctly.......the LL would have to appear and/or an attorney on his behalf?

As for the "agent".....he couldn't appear in a hearing as a "power of attorney" for the LL. or, did I read it all wrong???

[KatieGirl]

How do you get on Pacer?

[frogger]

How do you get on Pacer?

Hi KatieGirl! I see that you're new, but please understand that we don't revive old threads.

If you will look around or use the search function, you will find out a lot of information on pacer. In the meantime however, the short answer to your question is:

https://pacer.login.uscourts.gov/cgi-bin/login.pl