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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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I won my unlawful detainee f the warranty of favorability.

Customer Question

I won my unlawful detainee for Breach f the warranty of favorability. I was ordered to pay the back rent to landlord. I am on SSI fighting Pancreatic cancer. I have a payee who pays my bills. Well it took her three days to get a check processed to jmyself for my owner. My understanding and my witnesses understanding was I had until 05/18/15 to pay the back rent. I was given a address to pay it. I went to the the address at 2pm no one was home. I then called the only number I have dealt with for two years. Which is the owners brother. To whom all my previous rent payments, and issues I have gone to him. Well he then on three different phone calls gives me the wrong number to the representative for the owners. I finally figured out that get transposed the last two numbers in her phone number and I finally got the correct person. I began to tell her about how hard it was to get her number. She stopped me and told me she had talked to the owners brother about the situation. But that the owner was refusing to accept the rent now because it was after 5pm. Never did I or my witnesses at trial hear that it had to be at 5pm. I then reminded her that this was my third unlawful detainee with the owners I won for Breach of warranty in one year. The judge addressed the plaintiff seriously that he needed to get a lawyer due to his frivolous continued retaliation of me. She stated we just want you out so we are evicting you and hung up on me. I went to courthouse first thing the next morning trying to see if I could make a court deposit. So that the judge would know I complied. But they said they couldn't take it there so call legal aid. Legal aid told me to file a motion to enforce judgement. But there isn't any for a unlawful detainee that I have found. My landlord is really trying to retaliate on me! Then yesterday 05/23/15 I got a certified letter with a Declaration of completion of requested repairs and Declaration of nonpayment of rent. No where in the declaration did she state that I had offered full payment and that she refused. What do I do now? Can I file a motion of mistake of fact. Because I wasn't aware of the time frame. Because both times previously I was also just given a date to pay. Neither of the declarations were court stamped and the certified letters got to my post box on a Saturday. When the post office part to get packages was closed so I didn't get the letter until after the date it had to be paid. She also identified herself as property manager which was a LIE under oath last us. Now I get a letter stating she's the interpreter. Please help!
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Infolawyer replied 1 year ago.
Hello, is there a court order? was it entered on default without your being in court to defend?