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my question is if there was no written rental agreement on how much we agreed to pay each month, and how much a late fee would be (we agreed verbally) and we asked for a walk through which she said wasnt necessary and the deposit was 400 which we gave her and got a recept for but we never got a written agreement on anything because she said it wasnt necessary and we have no recepts from the rent we have been paying. we ended up, the last two months paying to fix damaged foundation on the side of the apartment thats eruding away and black mold has taken over the entire left side of our bedroom wall that we have been trying to kill, and we told her about it and she still hasnt done anything to fix it we are. she sent aus a notice for eviction if we dont pay her a certain odd amount of money that shes come up with. So i guess we are trying to prepare our case because we are good people and think that is not right, does her verbal case stand up in court and will our evidence of things stand up against her?
Are you saying you haven't paid rent for two months, because you were fixing a foundation problem instead? If so, did you follow the proper procedures in your state? You can't just withhold rent - there are very specific rules.
But I think the bigger question is why are you fighting the eviction? If the house is that bad, then why haven't you already left voluntarily?
TAKE PICTURES! NOW Hopefully you have been doing that from the start .. and then tell her "make my day lady" .. She has to prove things are your fault ... naw she is trying for free money..
Someone correct me if I am wrong, but in some states if there is no written lease you are on a month to month lease..you are still required to pay rent, you can't just stop paying rent. You broke the lease by not paying the rent and she has a right to kick you out. Just like you had a right to ask for a written lease and refuse to rent if she said no.
I suggest you pay up and move on and learn your lesson before this eviction hits your credit and you're stuck renting from slumlords until you buy your own home.
At this point it's your word against hers because you didn't did everything in writing. As a consumer you have to speak up and ask questions and get everything in writing.
One final thought, if you let it go all the way to court, and you lose, then it could be on your credit report for ten years. So not worth it... Just move out and move on.
my question is if there was no written rental agreement on how much we agreed to pay each month, and how much a late fee would be (we agreed verbally) and we asked for a walk through which she said wasnt necessary and the deposit was 400 which we gave her and got a recept for but we never got a written agreement on anything because she said it wasnt necessary and we have no recepts from the rent we have been paying. we ended up, the last two months paying to fix damaged foundation on the side of the apartment thats eruding away and black mold has taken over the entire left side of our bedroom wall that we have been trying to kill, and we told her about it and she still hasnt done anything to fix it we are. she sent aus a notice for eviction if we dont pay her a certain odd amount of money that shes come up with. So i guess we are trying to prepare our case because we are good people and think that is not right, does her verbal case stand up in court and will our evidence of things stand up against her?
Document everything....especially any letters you've sent her regarding the mold. Then call the health department, and any rental association in the county or state...see if anyone can help you w/ ideas. If she is gonna evict you, just go...black mold is deadly. But I wouldn't give her any money if I was just bailing. If you don't have a lease, then what does she have for proof of you even living there?? How long have you been there? And, I would never have given anyone a deposit or rent until I walked through....Like my GrandMa used to say..."You don't buy a pig in a poke"
I guess you both were a match made in heaven and now a match made in court...
The burden of proof will be for the plaintiff but also partially on you...can you proof what you have been paying?
You know what your proof is, but do you have any clue what the LL proof will be? The LL may have pictures from prior to move in, etc...
Never under estimate the other side if you don't have your ducks in a row...I have read the OP post and it seems like you have nothing then some bla bla bla...perhaps the truth, but that is not how it works in reality.
my question is if there was no written rental agreement on how much we agreed to pay each month, and how much a late fee would be (we agreed verbally) and we asked for a walk through which she said wasnt necessary and the deposit was 400 which we gave her and got a recept for but we never got a written agreement on anything because she said it wasnt necessary and we have no recepts from the rent we have been paying. we ended up, the last two months paying to fix damaged foundation on the side of the apartment thats eruding away and black mold has taken over the entire left side of our bedroom wall that we have been trying to kill, and we told her about it and she still hasnt done anything to fix it we are. she sent aus a notice for eviction if we dont pay her a certain odd amount of money that shes come up with. So i guess we are trying to prepare our case because we are good people and think that is not right, does her verbal case stand up in court and will our evidence of things stand up against her?
My sister has been in this situation before. If you do not have a lease, the landlord can not simply give you an eviction notice and put you out. The law requires that the landlord give you 30 days of notice first. After the thirty days, they can begin eviction proceedings with the court if you still refuse to leave.
If there is a lease, the landlord can skip the 30 day notice rule, give you a notice that he will begin eviction proceedings, and file for an eviction the same day that he gives you the notice. This is because the landlord has a lease that you signed committing to pay a certain amount on a certain date every month.
If I were you, I would make arrangements to leave in the next month or so. When the landlord goes for an eviction notice without a lease, and finds out he has to give you 30 days notice, he will do just that. It would be good if you are ahead of the game.
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