Landlord Sueing for illegal Rent; Counter Claims? (Huntington, Ohio: best town, homes)

[Fighter 1]

Originally Posted by Azelyn

Omigawd, i think I sent you a PM asking how to put a response in writing, and I also asked in forum but I really didnt get an answer. Im new to this, Im not really sure how to go about it..Could you maybe tell me how to go about doing this so we are more prepared this time around?

thanks!

Sorry but i don't think you can now . you didn't respond to the original complaint . it's what is called "Default" you did not appear (in writing as is required)and when you did the judge didn't have allow any of you papers or proof and thats what he did. I really think he will do the same thing if you try again . You can try an appeal but i don't think you will have any luck because you defaulted from the start, Best advice FORGET it ! move on , learn from this experance.

[Azelyn]

The judge declined the show cause, lol. We're going to file do an appeal. Ive talked to the clerks and what not, they said that we can't live for free and what not. My BF and I decided, Whatever, well pay the rent for January if thats neccessary, but we are going to fight december because she agreed to take our security, signed a document saying she agreed, and we dont want to be responsible for paying for december when we already have. I've left the Landlord a message to see if she wants to just drop it, take Jan's rent and not waste our time going through the appeal. We may not know what we're doing but were going to do everything possible to make sure its dragged out till we cant do any more, or she gives up.

We saw a really great apartment today, and we are probably just going to move within the week. So ya :3

[omigawd]

Originally Posted by Fighter 1

Sorry but i don't think you can now . you didn't respond to the original complaint . it's what is called "Default" you did not appear (in writing as is required)and when you did the judge didn't have allow any of you papers or proof and thats what he did. I really think he will do the same thing if you try again . You can try an appeal but i don't think you will have any luck because you defaulted from the start, Best advice FORGET it ! move on , learn from this experance.

Are you the OPs slumlord???? What is wrong with you???? You obviously haven't a clue about the law yet you're here telling her to "forget" about her case and that she has no rights, etc.... I don't know if you're just a troll looking to cause problems or if you get off on giving people the wrong advice or if you're her slumlord trying to convince her that she can't do anything. Whatever you are, you need to cut the crap becuase you're giving out bad advice.

AZELYN, I've PMd you with a link to a site where you can get free legal information and forms. Hopefully, this will help you. There are forms you can use to vacate this judgment and have the case re-opened.

[omigawd]

Originally Posted by Azelyn

The judge declined the show cause, lol. We're going to file do an appeal. Ive talked to the clerks and what not, they said that we can't live for free and what not. My BF and I decided, Whatever, well pay the rent for January if thats neccessary, but we are going to fight december because she agreed to take our security, signed a document saying she agreed, and we dont want to be responsible for paying for december when we already have. I've left the Landlord a message to see if she wants to just drop it, take Jan's rent and not waste our time going through the appeal. We may not know what we're doing but were going to do everything possible to make sure its dragged out till we cant do any more, or she gives up.

We saw a really great apartment today, and we are probably just going to move within the week. So ya :3

I don't understand how the judge read and ruled on your Order to Show Cause so quickly..... those papers usually take a couple of weeks at least because they have to give the opposing party time to respond, etc.... It sounds more like you're in a kangaroo court than a real court. How did you deliver the papers??? You are supposed to mail the original to the court, a copy to the opposing part and a copy for yourself. The opposing party has to have time to respond and then all the papers go in front of the judge. All this takes at least 30 days.......

Also, did you provide ANY supporting documentation???? Any affidavits or paperwork from the town??

I think you need to contact Legal Aid or Suffolk VIBES to see if you can get some legal advice. You can also find a landlord/tenant attorney who specializes in tenant's rights and get a free consultation.

If you're saying you filled out the Order to Show Cause on Wednesday and the judge decided it on Thursday, there is something seriously wrong here...... You probably didn't fill out the paperwork correctly, you probably didn't serve it correctly, and you probably didn't attach any supporting documentation. You can't just "fill in the blanks" on papers like these.

You're in Lindenhurst, right?? Which judge did you appear in front of?

[omigawd]

Originally Posted by Fighter 1

As i have stated before at a unlawful detainer hearing all the judge can and will hear is weather or not you paid your rent nothing more. Good luck with your show cause hearing the end results will be the same!!!

You need to stop bouncing in your seat with delight thinking you're correct. The ONLY reason the OP lost her case is because she went about things totally the wrong way. Had she put her argument about the apartment being illegal, along with a copy of the town inspector's report or copies of the summons, she would have won her case.

The judge doesn't "only hear" if you paid your rent. The apartment is illegal. The slumlord isn't entitled to rent. Had she put this in writing with proof of same, the slumlord's case would have been tossed.

You are clueless about the law.

[totallyfrazzled]

Originally Posted by omigawd

I don't understand how the judge read and ruled on your Order to Show Cause so quickly..... those papers usually take a couple of weeks at least because they have to give the opposing party time to respond, etc.... It sounds more like you're in a kangaroo court than a real court.

You're in Lindenhurst, right?? Which judge did you appear in front of?

If it's in Lindenhurst (which is an incorporated village) the case was quite possibly brought (by the landlord, naturally) in the Lindenhurst Village Court which I believe is Justice Bopp (I kid you not). I don't know anything specific about him but if this is anything like most Village Courts, a lot of what goes on is "political" and influenced a lot by "who you know". Read into that whatever you will.

[omigawd]

Originally Posted by totallyfrazzled

If it's in Lindenhurst (which is an incorporated village) the case was quite possibly brought (by the landlord, naturally) in the Lindenhurst Village Court which I believe is Justice Bopp (I kid you not). I don't know anything specific about him but if this is anything like most Village Courts, a lot of what goes on is "political" and influenced a lot by "who you know". Read into that whatever you will.

No, it wouldn't go to the Village Court (and I know what you mean! LOL!). There is a District Court on East Hoffman Avenue that hears these cases for all of the Town of Babylon. I forget the judge's name, but I do know that, if you come to him properly (ie: with your papers in order and present yourself professionally), he will give you fair consideration. If you just walk up and ** say ** this, that, and the other, he's not going to do anything for you.

[DISCOVER00]

I think the judgment was correct. Why should you be allowed to live there for free just because you found out it is illegal! Have you lived here on long island long? I guess you think everyone that has an illegal apartment doesnt have to pay rent! And omigawd i guess all your legal nonsense was crap, the law is the law but common sense is common sense. You cant live there for free! If you didnt like what was going on maybe if you paid the rent they wouldnt be doing all these horrible things. How would you like it if you bought a house with your boyfriend and you had to rent out part of your house because you cant afford the whole thing your self, and a month after you get a tenant they stop paying rent. I bet you would be happy about it either.

[omigawd]

Oops! And we have yet another TROLL on board... .or, is this the same troll using another name.....

So, so obvious!

[AndreaII]

I find it hard to believe that the LL (this is according to the OP - remember this is all hearsay on her part) would agree to use and forfeit the security deposit because the tenant can't pay the rent. Unless that security deposit is replaced, it's usually gone for good. This OP is good and mad - wouldn't be at all surprised if she and her friend decide to trash the apartment. Which really wouldn't be a good idea.

The OP needs to not confuse a security deposit with rent. They are two totally different things. However, they may be the same amount.

For the OP's clarification: A security deposit is what a LL uses to pay for repairs and damages that are caused by a tenant/tenants and their visitors. A walkthrough is done after the tenant has moved out of the premises, and any damage should be noted as well as cost to repair. If no damage is caused (this excludes wear and tear which cannot be deducted), then a tenant after moving out should receive all of their security deposit back plus interest. However, sometimes tenants don't remember throwing the phone through the wall, causing a bowling ball size hole in the sheetrock - whoops. Or they forgot when their friend broke a window, and they tell the LL that the broken window was there upon their moving in. That's when disputes about repairs come into play. Then it can get messy and end up in court. If the tenant is honest, and especially if pictures were taken while the LL and tenant were doing the preliminary walkthrough, then the repairs will be deducted out of the security deposit.

One other point - if there are any LL's out there, never use a tenant's security deposit to cover any month's rent if possible. If for some reason you actually trust your tenant and they have a good reason to temporarily use their security deposit, then have said tenant replace the security deposit asap so you will have $ to cover the cost of damages after they move out. Best bet is to leave the security deposit alone until they move out and if there's any rent due, take them to court with all your paperwork as evidence and sue them for the unpaid rent. That way you'll still have the security deposit left to pay for any and all damages. Or to give it back in full, which I've actually done even with a multitude of damage - sometimes it's better to get rid of litigious, troublemaking tenants once and for all.

I don't think the OP is so innocent in all this - keep in mind there are always 2 sides to every story. And just because her story is in print here doesn't make all of it entirely credible. And because some of you have had bad experiences with LL's (who some of you refer to as slumlords, I can't help but wonder what they refer to you as), that doesn't mean that every LL is a scumbag. Just like every tenant isn't a scumbag. The trick is to figure out which is which.