Criminal Law Questions? Ask a Criminal Lawyer.
Hi, My name is XXXXX XXXXX I'd be happy to answer your questions today.
Has the landlord already initiated eviction proceedings?
Yes, I recieved a 30 day notice for demand of premises last night
But you haven't gotten a summons?
no, not yet. Actually the address in the Sex Offender Database is wrong. My address is 1324 Forest Lakes Ave. and the address listed in the database isXXXXX,
I verified with the post officeXXXXX does not exist
So, they're trying to evict you because a registered sex offender has an address similar to yours? Are you a registered sex offender?
NO! Nor do I know this man. I have never seen him before in my life.
It doesn't sound like you are, but this is very weird.
Ok. You have two options:
1. Do nothing. Keep living there, keep paying rent, and force them to take you to court to evict you. When you get to court, show the judge that they have no idea what they're talking about.
2. Go to court, pay the filing fee, and ask for a declaration that your address is not the same as the other address (which seems obvious), that you are not a registered sex offender, and that they have no grounds for evicting you.
The main difference here is that, in option 2, you have to pay a filing fee instead of them. Plus, if you wait for them to try to evict you, they'll have the burden of proof.
You'll be able to bring maps showing that no such address exists in the area.
ok, sounds good. I have saved pdf files of the Post office response when i did the query for the incorrect address.
It will also help if you have statements from neighbors or anyone else who lives with you that they have never seen this person at you address.
Dekalb Co is sending an investigator by tomorrow to investigate the validity of the address. I plan to be here when they come.
Sounds good. Check the lease, too, to see if they are allowed to evict you even if you did have a registered sex offender living there.
yes, it is stated in my lease.
Interesting. Well, it was worth a shot. Still, it doesn't apply to you, so it doesn't matter.
You can get a copy of your criminal history from the state. Hold on a sec.
You could actually prove to them that you do not have a criminal history, if you wanted.
Ok, i will get that today. Approximately how much are the filing fees?
Let me check.
Are you in Atlanta?
I will talk to my neighbor downstairs to get a statement. Its just me and my eleven year old daughter that lives here.
I'm going to go out on a limb and say that she's not a registered sex offender, either.
I'm not seeing the fees online, but you can call the clerk and ask. (NNN) NNN-NNNN/p>
ok, thanks so much for your help.
You're welcome. Good luck.
Thanks. One last question-can i sue my landlord for this? just asking...
If you had some evidence that they knew it was crazy and they were just doing this to try to upset you, or they were doing it as a pretext for evicting you, then you might have a claim for breach of contract or intentional infliction of emotional distress. But, you would have to show that they were specifically doing it to hurt you and they knew they had no basis for actually evicting you. And you would have to show severe distress.
ok, that was just an fyi question. I just desire to live in peace...thats all. Thanks again.
It's nice to live in peace. I hope it works out for you.
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