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Sam
Sam, Attorney at Law
Category: Landlord-Tenant
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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I'm in court detainer I advised the judge my wife and kids

Customer Question

I'm in court for unlawful detainer I advised the judge my wife and kids were not staying at home because of a very bad mice and roach
problem, the plaintiff council said " your honor that's why he has another court today and he has to go as early as possible he has 2 domestic violence case and restraining order that's the reason why his wife is not at the apartment its not because of the mice problem, also your honer most of the repairs my client has no problem repairing them but like theindow that got broken in one of the inccrdents of domestic violence but we have no problem repair in it." Judge did not want to hear more ruled in his favor, window never got broken in domestic violence cases I have all reports window was broken by kids witch it was cracked when i moved in here I have pic and witness it was cracked before moving in. Now I had 3 allegations and the last one got dismissed that day of court so my record can show in all reports were allegations of my wife never had a violently physycal dispute were window got broken. Lied under oath with intent to gain and causefld tort on eviction prosses.
Submitted: 6 months ago.
Category: Landlord-Tenant
Expert:  Sam replied 6 months ago.

Hello

This is Samuel. I am sorry to hear of this matter. And so did you try to introduce any of that as evidence?

Expert:  Sam replied 6 months ago.

You should try to get a stay of enforcement. And that will keep you from having to move. And then you can appeal.

Expert:  Sam replied 6 months ago.

You begin the Stay of Enforcement process by petitioning for relief from forfeiture which is an order by a court in an unlawful detainer matter. It will allow you to remain in the rental unit fi you can convince the court that the eviction would cause the you severe hardship and that you can pay all of the rent that is due, or otherwise fully comply with the lease.

Expert:  Sam replied 6 months ago.

You then begin your appeal. That is done in the Appellate courts.

Once you have accomplished all of that then you can sue the LL for his fraudulent testimony which caused you the suffering and defamation of your character as to the DV.

Expert:  Sam replied 6 months ago.

I suggest you may want to consult with a local attorney who can assist you with the defamation. They will work on a contingency basis.

Expert:  Sam replied 6 months ago.

Please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures i get credit for my time.

Customer: replied 6 months ago.
Ok I pay $715.00 month, she was advised of the problems there was in the unit waited to try and evict me with out court paper work m, 3 day notice was given 5 diffrent times with started with over $8,000.00 I advised her the amount was wrong reqiested a sitdown to talk, never came or happen next thing 30 days later she got a lawyer game me the last pay or quit notice with amount due of $4600.00, spoke agreed to me $2000.00 but property management still began evuction process i had not jet given the money because i had 36 hrs to due date. Then is trial worded the document to his benifit signed it wrongfully understading or miss interpetrated and got coughr in the hole. I dont have the 2000.00 that was due i have 1000.00 because if the DV CASES I bailled out spent that rent money that she also neglected to accept if it was not the hole amount.
Customer: replied 6 months ago.
Can i still submit the stay if i have proof that she neglected to accept payments 2 times and now the hardship I have or facing. After all cases against me dismissed
Expert:  Sam replied 6 months ago.

Yes. You can submit the stay.

Expert:  Sam replied 6 months ago.

That is why I suggested you do it.

Customer: replied 6 months ago.
Do i have to wait for the notice to vacate? The one sherrif issues
Expert:  Sam replied 6 months ago.

No. No. You should file for the Stay immediately/as soon as possible.

Customer: replied 6 months ago.
I will print documents. I'm in California is the the actual name of the formYou (Stay of Enforcement) process by petitioning for relief from forfeiture eviction process.
Expert:  Sam replied 6 months ago.

You can get the packet of forms and written instructions from the clerk of the court. It is going to be similar to the one at this LINK