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horselvr

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Posts: 14
Reply with quote  #1 

Ok so today I was served by the tenant that she is fighting the warrant of eviction. According to her she never received the petition until Dec 30 (7 days after it was served). My husband served it but I did ask the courts and the laywer who stated as long as he is not a part of this which he is not, he could do this. He is not a part of the lease nor is he apart of any of this.

Anyways, she is also stating I am doing this in retalization because of the sump pump. She claimed I told her she broke it and she has to fix it which is a lie. I have the text msgs still on my cell which shows i wanted access to the home and denied her authorization to bring a professional in to fix and reduce off rent. That is all I denied.

She said she sent me all these letters which I never got any (the truth there).

The court date is less than 48 hours, she personally served me.

 

I am so upset right now, my husband has to try to get off from work and I have to cancel appts I had made with my dr.

 

 

 

horselvr

Registered:
Posts: 14
Reply with quote  #2 

Ok so I went threw her petition,

She stated for one she never received the petition and the post office never notified her. I printed off the postal website the notice was left Dec 19th at the home. SHe just never picked it up until the 29th.

In regards to the pump, she said I said she broke it and she has to fix, I still have the text msgs to show that is not what was said.

She confirmed she got letters requesting access to home but she never responded (was confirmed in her petition).

She claimed I emailed her that i Was going to change the lcks, put her pets in the spca and keep all her stuff, I have the email, I stated if it resorts she ignores the sheriff, I was told I have a right to change the locks and hire someone to move her stuff to a storage facility. I also have a right to request the storage and moving costs prior to her gaining her things back. I have the physical email to show this is what I said.

 

For the most part, her whole petition is lies.

 

I just want her out of my home. She confirmed also she has the 30 day vacate letter dated Nov 29th. But yet today is the 4th (5 days after expiration) and she still there.

 

horselvr

Registered:
Posts: 14
Reply with quote  #3 

I have been doing research the past 5 hrs... head is ready to burst.

 

My husband has no interest in this, not on the lease, does not even want to rent (he said leave it vacant and dont pay mtg - if we sell we sell, if not the bank can have it). I did speak to a lawyer and they did state as long as he is not a part of the rental agreement it is legal. I did and have it marked down every attempt I made with either a friend or my husband with times and dates.

I did print out the postal proof a notice was indee left 11/19/11 at the home. I had until the 17th to serve her, we tried repeatedly over the 4 days. Copies were left at home as well as snail mailed and certified mailed.

I cant find anything about serving papers but has to be a person 18 or older and is not a part of the proceedings.

 

Besides that, she still confirmed she had notice in writing on Nov 17 requesting access to the home to fix the pump. She notified me the 12th it was broke, I refused to authorization to fix and asked for access to being ignored. Now in her petition she turned it around stating I told her she broke it and she has to fix it. Thankfully I kept all the texts to show proof that is not what was said. My husband did try to gain access on the 13th and was texted to her we need access to being ignored. This is why we made it in writing and mailed which she confimed receipt on the 17th.

 

She confirmed the 30 day vacate letter received Nov 29, 2011. So why is she still there?

 

Confirmed the 3 day pay or vacate order received.

 

Basically she is stating the house has repairs needed which is why she refuses to pay rent. She states the petition was improperly served and she had not received any notice which I have the proof from the website that is not true.

 

I have proof to her repeated lies.

 

The fact is still, there has been no communication from her since Nov 12, 2011 until today when she served me. I do not have a operational phone number (she changed the number). She does not answer her door when we go in, does not respond to my emails, my letters or my notices. She claims she emailed me and sent me a letter to which I still yet to receive.

 

I am calling tomorrow to learn how to do a holdover eviction. I can not find anything online like I did for the non-payment petition. Is this the way I should go now that she is past her 30 day vacate or should I do another eviction due to non-payment? This is in case she wins the case that it was improperly served..if that happens, this lawyer will have a ear full. I just want to be prepared and immediatly file if need be since I am right there. I live an hour away so at once would be better.

 

I do plan to ask in front of the judge why she is ignoring every attempt, why she is holding rent, where the letters are being sent because I still yet to receive, and if she intends to pay Jan rent. Also a phone number.

 

Also I would like to know why it took so long for her to do anything? I went in on the 30th to see if she was moving or not. There was no evidence of even a pending move (this was after our 30 day vacate since she had that served Nov 29). I left notice in her mailbox since she refused to answer that I need correspondance immediatly in regards to the keys.

 

She did also confirm that Dec 23, she had received notice I obtained the warrant of eviction due to no show on her part. She picked up the certified mail Dec 29, 2011. It took her until Jan 3rd to do anything about the order of cause.

 

She failed to pay full rent in Nov, nothing in Dec and nothing in Jan now.

Marytmary1978

Registered:
Posts: 445
Reply with quote  #4 

Have you read your state landlord /tenant laws?  You should.  Hope you really did not go into the unit to check if she had vacated, but only looked through a window on your way up to the door.  In most states, you can not go into a rental without notice.  How does your state say that you give notice?  Verbally, mailed by first class, posted on the door or ??????  Most

state laws have not caught up on the electronic communication -- IE text or email and they will not hold up in court.

 

Be sure to make you eviction claims separate;

non-payment of rent

non compliance with contract

refusal to access for repairs

etc.

horselvr

Registered:
Posts: 14
Reply with quote  #5 

I have read the laws... have done endless hours of research. NYS states landlords have rights provided notice was given in advance. But the police in the town where the home is located stated I can not do this and without tenants permission I can be arrested.

When I went in, the tv was running in the front window, I purposely went at night thinking lights in the dark will give it away. I figured during the day it would be harder to know without looking into windows.

I can give the 30 day and the 3 day verbally or by mail. I did affidavit just to protect myself.

I sent letters (she verfied receipt of one), I called, texted, and also left notice on door.

Marytmary1978

Registered:
Posts: 445
Reply with quote  #6 

The police do not know all the laws.  You do need to know them as they pertain to your situation.  If you are not sure, I suggest that you get an attorney that is good at landlord laws.

horselvr

Registered:
Posts: 14
Reply with quote  #7 

i realize that. but also know if i leave notice, and then go back and go in without permission, I can be arrested. i cant take that chance. i have kids. i have spoken to a lawyer and they told me to serve her that 30 day vacate and get her out. should be the main priority and to stay away

OHlandlord

Registered:
Posts: 3,776
Reply with quote  #8 
At this point stop communicating with the tenant.  Don't go to the property except for a drive by.  Anything more can be considered harassment.

Go to her appeal hearing.  When you win, and you should since you have proof she was properly served, go see the clerk.  Ask for a set out on that warrant.  All the rest of her argument is bull.  She was evicted for non-payment.  Anything else has no merits.  So forget all that stuff about pets and holding over.

Don't serve any further notices or accept ANY rent.  Don't even ask for any since that will negate your warrant of eviction.  Don't start any new eviction notices on any other temrs.  Stick to the non-payment which should be a slam dunk.
horselvr

Registered:
Posts: 14
Reply with quote  #9 

she claims it was improperly served since it was my husband and according to her he has a interest being on the deed. But he is not on the lease, just me and her. He had nothing to do with her, I dealt with it all. He wants nothing to do with it. she also claims she did not receive notice. stated she never got anything and the post office can confirm this but yet when you go on the postal website it shows notice was left. she failed to retrieve it until the 29th. In fact the 30 day, the 3 day and the petition was there waiting. The 30 day was from Nov 29. She got them all the 29th. So she cant say she never got notice since she had repeatedly having 3 letters there waiting.

she is claiming why she is not paying rent, she claims it is due to the repairs. but yet she confirmed i had in writing request to gain access Nov 17th. she held rent in dec. she is the one denying me access.

 

if it is thrown out bc my husband served her, should i do the holdover or another non-payment? now she has dec/jan and what is left of nov owed to pay.

 

she confirmed receipt of her 30 day vacate on nov 29th... yet she is still there.

horselvr

Registered:
Posts: 14
Reply with quote  #10 

i have not communicated with her since the 30th. i went there since it was 30 days and she ignored the door. i left notice i was requesting her intentions plus the keys to the property. All it stated.

PatseChi

Registered:
Posts: 79
Reply with quote  #11 

how's this worked out for ya?


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