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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37451
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My ex-bf filed Complaint and summons against tenant holding

Customer Question

My ex-bf filed Complaint and summons against tenant holding over against me on July 8th.
I had called the police on June 30th because he had been abusive and was permitted to stay through the hearings and I moved out July 13th before 6pm as per the order. I also filmed the house & took pics. On July 8th he had filed Tenant Holding Over. Our court date was 7/31 and he cont'd it until 8/7. I called House of Ruth and couldn't get legal help because he called first. What am I looking at here?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.

I am a bit unclear as to what he is claiming took place. What is he alleging is your injury to him?
Customer: replied 1 year ago.


no


 

Expert:  Dimitry K., Esq. replied 1 year ago.
I am sorry,

What does 'no' mean? How can I assist you?
Customer: replied 1 year ago.


He filed this Complaint and Summons Against Tenenant Holding Over while I had the Temporary Restraining Order.


 


He filed it on July 8th - the day before the hearing to grant me the Final PO.


 


He is claiming "restitution of posession of premises and marked "actual damages" box of 2k and $150 per day since 7/1.


 


I moved out as per the order on July 13th - the court had given me time to pack my things without disturbance from him. I also filmed the house on my iPhone and took pictures to show the house (townhouse) is fine and also the parts of his house that aren't fine such as the bathroom floor tiles being loose. I left him my comforter, new pillows and a bookshelf and lamp that we paid half for. He has a print of mine but that's ok.


 


When I called the district court clerk.... she said the case had been continued until August 7th.


 


When I called House of Ruth - they said that their legal services couldn't help me because he had called first.... he is not the victim. I just want him to leave me alone.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up. To ensure that I do not miss anything, I will go line-by-line with my response to you.

He filed this Complaint and Summons Against Tenenant Holding Over while I had the Temporary Restraining Order.

 

 

He filed it on July 8th - the day before the hearing to grant me the Final PO.

 

 

 

He is claiming "restitution of posession of premises and marked "actual damages" box of 2k and $150 per day since 7/1.

---

I see, so he is claiming that because you filed a restraining order against him that forced him to leave, you are responsible for his costs.

 

 

 

I moved out as per the order on July 13th - the court had given me time to pack my things without disturbance from him. I also filmed the house on my iPhone and took pictures to show the house (townhouse) is fine and also the parts of his house that aren't fine such as the bathroom floor tiles being loose. I left him my comforter, new pillows and a bookshelf and lamp that we paid half for. He has a print of mine but that's ok.

 

 

 

When I called the district court clerk.... she said the case had been continued until August 7th.

 

 

 

When I called House of Ruth - they said that their legal services couldn't help me because he had called first.... he is not the victim. I just want him to leave me alone.

I am sorry to hear that, but this is possible to prevail against. All you need to do is when you appear in court is bring evidence with you that your call was valid and based on fact, that you did not 'evict' him but were instead seeking protection from him and his behavior. He can only claim that this is a valid suit against you if there is no evidence or basis for you to have called the police and requested protection. If that exists, he has no basis to claim that you are somehow violating his rights.

 

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37451
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 16 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
I have been busy but thank you so very much. You were really helpful. Thank you again!

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