AMAZING Apt complex Vs ME

[toilettrash]

this is BEYOND AMAZING!!!

Well a day after my 341 meeting i found out that our apartment complex asked the court to lift the temporary stay so they can evict us. Well first off they never served/sent me paperwork and i found out via pacer....

Anyways the letter went on and said basically I had 13 days to respond and if there isnt proof or whatnot then the stay would be automatically lifted. I REPLIED telling the court exactly what transpired from the Mold in our Apt, to me seeing if i could make payment arrangements, to me doing volunteer work for them etc.etc.etc

YESTERDAY I received a letter from the court saying i have a hearing regarding this..

For this meeting i am going to bring in 2 of the people i know who can back my story up!!!!

Its going to be messy but i am fighting back LOL!


Predictions? I am going to see if the judge could find in my favor until the 13th since thats when were moving; another big blow to them is my roommate filed bankruptcy so i go under protection with him.


A MESSY situation;

LOL

[tcreegan]

eviction has a due process

Hi tt,

At the county level there should be a process for an eviction. There are several hoops the landlord has to jump through to legally evict a tenant. These typically occur on a month or more timeline. Check w. your sheriff's dept or the county court clerk. They can give you an overview of the process.

Hope all goes well for you,

Tom in Colo

[OhioFiler]

I doubt your desire to live in a moldly apartment or your volunteerism is a defense the court will find favorable. Just let the process move on it's own. There is no way they can evict you in less than 30 days.

Any rents you owe for staying after you filed bankruptcy will we due and not included in the original petition. I'd get out asap.

[keepmine]

I agree with OhioFiler.
Your roommate's filing isn't going to protect you at all.
Since you already filed you are liable for the rent post filing and so will your roommate. You 2 haven't done a very good job of planning your bk.

[BKDefender]

I don't know what state or county you are in, but you should take TCReegan's advice.

Here in Nevada, if a tenant submits a written letter to the landlord or management company notifying them of an uninhabitable condition, which here includes Mold - then the landlord has 14 days to fix the problem or the tenant may begin withholding rent. The landlord will probably file an eviction (3 day here for non-payment of rent), the tenant files an affidavit stating their opposition to the eviction and requests a hearing. At the hearing, the tenant presents proof that they sent the letter and hopefully photographs of the mold. The justice of the peace will require the tenant to deposit their monthly rent with the court (to prove they CAN pay not that they're abusing the process to stay for free), and if the landlord fixes the problem they get the rent, if they don't, then the tenant keeps depositing money with the court each month. When the lease is up, if the problem isn't fixed, the tenant gets their money back. Usually after 2-4 weeks, the complex either relocates the tenant to another apartment or lets them out of the lease. You can be sure that if one apartment has mold, the one they move you to probably had or has mold as well, if the cause of the mold was flood or something similar.

My law partner has a case against an apartment complex for toxic mold and we've had to defend people from eviction based on this exact process. The complex is starting to admit they have mold and letting them out of their lease early, so the client gets their money back from the court after 2-4 weeks and gets a 2 week period to take that money and move.

--William

[toilettrash]

thank you all sooooo much!!! I am excited for court next week. I am really having fun because I called the Code Enforcement out to see the mold; its not that bad but i want to turn it for the worse on them!!!!


Thank you again to all

[SMinGA]

Are you planning to argue your case about mold/withholding rent to the BK trustee/judge? I am no expert, but believe that is the wrong venue. They have no jurisdiction over deciding if its legal for you to withhold rent - only if the stay will be lifted. It probably will.

You'll probably have to attend the eviction hearing to address the mold.