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justiceb4all, Arbitrator
Category: Landlord-Tenant
Satisfied Customers: 12554
Experience:  Attorney, Juris Doctor, Post Doctoral Degree - LLM in Federal Taxation, General Practice,
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Mine is probably different than most. My daughter and her

Customer Question

Mine is probably different than most. My daughter and her boyfriend and their son rented without a lease for two months, then I moved in with approval of the landlord. The boyfriend makes bed out at the end of December and my daughter asked the landlord if we could stay and he said yes, as long as we paid rent. We paid January and February and in March he texted and asked for rent, he was fine waiting a couple weeks for income taxes. March 16th he told us to leave by Friday the 18th. I called the police and asked what to do if he came to change the locks and were told if he threatened, cursed or physically tried to remove us to call 911. We knew our rights as renters. The neighbor, his friend put a lock on the gate that was in our right of way to driveway and locked us in until about 3pm when my friends were leaving the neighbor blocked the road not letting them leave, he called 911 and the police made him move and told him if he locked the gate we had to have a key. My landlord came and told the police officer that we were supposed to be leaving by 6pm and when the police officer asked us we told him we had rights, we were gonna move as soon as possible but we couldn't that quick. The police officer informed him that he would have to go through the eviction process. That evening my neighbor called 911 and lied and said my kids dad had threatened to kick his butt and when they came there were three of us that said he didn't and we explained what was going on and that the neighbor had cut our water off, one of the police officers pulled the handle on the outside spiciest and then also pulled the neighbors and told him to cut it back on. Saturday my kids dad brought my son home and he lit a firecracker he found on the back porch and my neighbor hollered you're not gonna threaten me, no hunting allowed, then fired a shot towards the front of our trailer, it scared us to death, so I called 911 when they came my landlord had just gotten to my neighbors and was not there when this happened, he went to talk to the officer and we heard him say those son of a b.....s are shooting at us. The officers came to talk to us and asked who was there and said lets talk inside then he asked if we had any guns we said no and offered for him to look. Ffive different police officers come out and be told he wanted us out but hadn't given us a reason or even written notice, and they told him what to do legally. The landlord then called my daughters ex boyfriends family that he had called CPS and said that my daughter was doing drugs around their son. This is a lie and he never came in our home except to fix a pipe, he was there ten mins. The landlord told the police at different times that we sold drugs, we had traffic in and out at all hours, he didn't even live beside us and the neighbor had been locking the gate for at least three weeks without us having a key and we didn't have a vehicle so friends brought us cigarettes and stuff we needed or came and took my daughter to get groceries. When none of this got us out in three or four days the landlord told my daughters ex that he had called CPS and they had come to the house and we wouldn't go to the door and that the smell of marijuana was strong so if he brought their son back there CPS was going to take him. This did not happen. On Monday March 21st the landlord went to the magistrate and said that he never rented to us that we had kicked my daughters boyfriend out and were just staying there and he wanted us out, even lied so much he said he had never taken money from us for rent. I know not having a lease and not getting receipts was stupid but we hadn't had any problems in the eight months we were there. He got a trespassing warrant against my daughter and she was arrested Monday night about 8pm and the landlord was there and said he wanted me and my son out to or for us to be arrested, the officer let us get a ride and we had to leave all of our stuff there and aren't allowed back. My daughter,me and my son can't get anything and everything we own is there. What can we do? Please help
Submitted: 1 year ago.
Category: Landlord-Tenant
Customer: replied 1 year ago.
I can't get in my email please respond here
Expert:  justiceb4all replied 1 year ago.

I am sorry to hear what your former landlord did to you. You certainly have a right to take your personal property from the house in which you were living. You need to report the landlord to your County's District Attorney for prosecution because the landlord was using the police to achieve his personal goal of removing you from the property so that he would not have to go to the trouble and the expense of filing eviction proceedings and having a hearing before the Magistrate. Because then the landlord would have to lie to the Magistrate and he would be punished as a criminal for lying to the Court. At this point, your best course of action is to do 2 things. First, call your County Bar Association and ask them for the names of a few Attorneys who are on their "Pro Bono" List. These are lawyers who donate their time to represent those who cannot afford to pay legal fees. You should also look in the telephone directory and on your computer for a local office of the Legal Aid Society which has a staff of Attorneys who represent tenants in these situations, but who cannot afford to pay for private legal representation. They will be able to help you with what the landlord has done to you.

Please let me know if you have any follow up questions. Please be kind enough to leave a Positive rating because that is the only way that JustAnswer will give me credit for Answering your question. Thank you for understanding,


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