My husband and I have a Civil Action against our landlord that
My husband and I have a Civil Action against our landlord that is now over one year old. Throughout the course of our Complaint, based on real damages suffered constituting roughly $32,000, we met with adversity from the opposing party, everything from their dodging of service of summons to outright frivolous litigation refusing to acknowledge their role in direct causation of incidents leading up to real damages incurred. Having endured such mistreatment since the case's inception in November 2010, we were at our wits' end by August of this year when, at our mandatory early settlement conference, the landlord (defendant) failed to bring two parties to the hearing, one of which was his liability insurer. We were at a loss as to how to bring this Action to terms, much less substantiate the good faith of the landlord for having deliberately evaded accountability thus far.Following this event, our lawyer all but deserted us and was granted permission to withdrawal. Looking back at his perspective and strategy on our own time, we realize he must have surely been conned or compensated by the opposing party to have been so mute to our case's merits. Some of the evidence he ignored, other evidence he simply failed to see critical, pivotal details. On a police report, for instance, he overlooks statements which showed the manager was aware of my husbands tenants' rights to defend against an ex-girlfriend clearly trespassing and questions whether the manager was really lying to the police about the facts. Rereading the report, there is no question the manager took advantage of the situation and caused my husband and I to be arrested and displaced from our home for 7 days, and had no remorse in doing so then having is return to find everything stolen in that time, a credit card activated and used fraudulently, and an address book of contacts violated and slander rendered by the ex-girlfriend to friends and family on our names). The manager simply hated me, a happy, outgoing Latina doing well for myself, formerly a tenant in the building run out by him and his then live-in girlfriend, who had a history of tenant harassment and discriminatory conduct, who was even fired from her former post as manager and STILL lived in the building, for good grief!So with all this and down one lawyer, we, in a bold albeit cavalier stroke of civil unrest and disdain, refuse to pay September rent. Suddenly, as pro se to our case, I begin receiving renewed settlement offers from the defendants attorney. All of which contain a MOVE OUT PROVISION in its language, all of which fell short of $30,000 owed, with pithily offerings of no more than $12,500 and language proposing: no liability, respective attorney fees responsibility and intention to deduct part of the total sum offered from our security deposit upon our acceptance. We refused. They offered it again, revising "no liability" to "mutual liability." We still refused. Yet another request to consider We just weren't settling for a botXXXXX XXXXXne way below our standards. We get a 3-day notice. We respond with our grievance against bad faith and form following the wasted settlement conference time and money. We find another attorney. We get a second 3-day notice, a carbon copy of the first. The new attorney submits official forms into court as counsel. The next day, we get a UD summons from some random old guy, no proof of service. The landlord's lawyer (not our case's lawyer, his standard lawyer) claims the 3-day notice service as the UD service in his summons, fails to note that the complaint is Amended, and gets punitive with the damages. Our attorney is instructed to settle the complaint, only to somehow be shammed by the standard lawyer to attempt to settle both the UD AND our CIVIL case in one fell swoop - a revision to the original settlement offer, the terms changing to reflect moving out at the end of November (not October) and reducing the amount awarded to $7500 (to reflect the 2 months we lived in the apartment since the first offer was refused). None of this was getting us anywhere and each month we were further and further from the opportunity to justify our cause in having withheld rent in the first place - just settle our case at a decent amount and apologize for bad faith and conduct having marred our names, reputations and prospects!So our second attorney withdrew on the same day as the trial, my husband and I tred valiantly but failed to defend against the UD but preserved our civil case, its judgment to be rendered on Feb. 21 2012. Meanwhile, the landlord was issued a writ of possession November 8, 2011, awarded damages and is in no immediate obligation to meet our injunctive relief due from our civil case.In another stroke of valiant survival tactics, we filed an 18-page motion to vacate judgment with leave to defend our civil action which was denied ex parte informally today. Can we revise the motion as an appeal when served notice to vacate?
I need help with a problem, I will start typing it but will
I need help with a problem, I will start typing it but will take more than what this alows me to write. In Sept 2009 I entered into an illegal apt in the town of clarkston in rockland county New York zip is 10920. At the time I was dating a guy and he knew of someone that wanted to rent out his house. He had a high ranch and wated to rent out the top and the bottom. I said hey what about your uncle he wanted a place to live, he can rent out the top. I took the bottom. the bottom of the high ranch was illega, they put up a thin door to separate the top and the bottom. The renter upstairs allegaedly signed a lease with the owner and I was to pay the owner $600 a month. I retiled the floor to make myself a kitchen area, put in a a full size refrigerator and some cabinets. Had electric plug in stove top and electric oven. As soon as I started living there my boyfriend at the time said it was easier to pay his uncle the rent to his company name and that way the real owner wouldn't be in trouble for receiveing 2 rent checks. So I did this. Then the renter upstairs started acting all crazy. He started claimin that I had no right to park my car in the driveway and that it was for his visitors and so on. I put up with his crazyness and then in January he came up to me and said my daughter is gonna move into the bottom of the house now and threatended me that he would have my stuff thrown out of the house if i didn't take it out. This is when I found this website and found my legal options. After listening to a lawyer tell me that it was not a legal residence and that I had every right to 3 months and to go to an eviction trial I went back to the other guy and said that i would move but he would need to give me some time and he was not to touch my belongings. This was end of january. I did pay feb rent to him to keep the peace. Come march I had a place lined up which i wasn't extremley happy about but i figured it would do. I was in my drive way a week before I was set to move while talking on the phone with my boss. The other renter came up to my car and tapped on the window. I kndly rolled down the window and exclaimed that i was on the phone with my boss and i would call him when i was finished. apparently this wasn't good enough for him and he started talking over my conversation. Thats when i turned to him and said, Excuse me, but your being rude i'll talk to you when i am through. He blew up and started screaming that i was gonna see all my shit in the road and that he knew all the lawyers in town. It was then that i decided not to move to the crumy place i had seen but to take the extra time and try to find a better place. I did not give huim March's rent. Later that month he must of blown his electrical fuse and while i was getting into the shower came into my apt and started screaming at me to turn his fuse back on. I said in a minute i'm just getting dressed. He then started to scream do it now and wouldn't leave. I said I will but get out I am not dressed.He then started screaming whore, c**t , and saying I was a slut from upstairs through the thin door. I was then crying and called my friend whom was a detective to calm me down. He told me to tell the cops but I was afraid because guy upstairs told me that he had a gun and that he knew all the judges. He then had his friend an active member in our town PBA call me and I told him what was going on and he said to make sure I video taped anything that happened and talk to the owners of the property. I went to the owners of the property and had a conversation about the harassment I was receiving. The man upstairs at this point had also turned off my thermostat and every time I went to shower would turn all the hot water in the apartment and scream from the upstairs how my cold shower was. So I told the owner of this apt all this and brought them a check for April's rent. They then told me they did not want to accept this because the downstairs apt was not legal and they didn't want to take responsibility. They also suggested that I move asap and that they would help me find a place if I needed it. This was not acceptable as I continue to live in harassment. Through April I save enough $ to put a sec deport on 1st month rent on a place in May. I have been moving in at night during the middle of the night because I am afraid of the harassment of the upstairs tenant. He also disabled my washing machine so that I could not use it. I was planning on getting out at the end of this month so I could live in peace. ON Saturday 2 days ago I received 2 letters that were sent to my job. 1 was opened because it did not have my name on it. It said office management and my coworker opened up a petition to collect real property. Now the renter upstairs is claiming to be owner and landlord and requesting my appearance tomorrow, Tues may 24th to make a statement or pay past due rent for March, April and May. I have sought friend's help and they don't know how I should proceed with this. 1st the guy upstairs is not the owner, but I was making my checks out to his company and memo-ing them "month" rent... I never signed a lease and it is an unclaimed illegal apt. There are no fire doors, no Carbon monoxide detectors, the shower is across the entire apt in the front entry way and there are no separate utilities or safety procedures. I do have my own cable and wifi in my name and he has his own in his name. He labels me as a separate unit on the petition by saying the address and then in parenthesis (entry facing driveway). He has been harassing me and turned off my heat and messed with my water... as previously told he can't legally ask me for money for an illegal apt. I have to arrive at this petition with something to say and I'm not sure what. I've been bullied over an over again by this man and whenever I see him it makes me want to cry. I am scared of him and scared to go but I know I have to. Not sure what my best approach would be in this situation. Please help me.