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We got evicted, went to court on a tues, (last month). had…

Customer Question
We got evicted...

We got evicted , went to court on a tues, (last month). had to pay the court changers, and move out by friday. daughter had the moving truck in front. cant park it on street, will tow. got it as close to house trailer. clipped the side of the awuning(wrong spellng) and the porch fell off. tried to pay landlord before-on wed. said pay when you leave. well when this happen. all she could see is that we were in big trouble now. did not want payment. did not have maintaince men come and see if we were okay. could not finsh moving out by frid. because the door was blocked. got out on mon. they came to change locks. said she was going to sue us. can she. she says we did that on purpose. yeah, like we need to pay more. asked legal aid. says I sould have pay court fees ND THIS IS ANOTHER MATTER. IS IT /

Lawyer's Assistant: What state is this in? And how old is the truck?

This is az. the truck was a rental from uhaul. she called them too. told trhem that we were in a accident. nothing happen to the truck. some paint chips. I had bought insurance when i rented the truck. that is taken care. i have not paid the original court fees, because she wont accpet them. says the lawyer will contact me with the bill for the awning. asked about getting my own estimate, they told me no. then I asked for an itemized statement. have not heard from them

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

We had an issue with one of my daughters ex friend. he came and put stolen property behind the trailer. and they called the cops, got awarrent to check inside. found nothing. but we got an eviction notice. it is complicated. the landlord is knows the guy(she use to date the father of this guy, when things went south for her, she did not want my daughter having his son over at her place, not the same son that put the property there but another. cops even sais that it looked like we were being set up. its 2 in the morning, landlord doesnt even live there, but shes telling the judge that she kept seeingcars going in and out of the place. she was ther when things came down. so we got evicted. i want to know can she sue us for the porch. i am willing to pay, get an estimate, but they wont talk to me.

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

Are these two seperate issues? I need to pay the court for the eviction to get off my credit, so i can rent another place. but all she says is that im going to pay for what we did.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think im good. just rambling

Submitted: 9 months ago.Category: Landlord-Tenant
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Answered in 1 minute by:
9/14/2017
Lawyer: legalgems, attorney replied 9 months ago
legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 13,388
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Good Day!A few minutes please as I review your question so I can provide you with legal information. Thanks!

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Lawyer: legalgems, attorney replied 9 months ago

I am sorry to hear this;

if a person causes property damage to another, even if on accident, they are liable under the common law theory of negligence. Negligence is defined as a failure to perform with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but may consist of omissions when there is some duty to act. This cause of action has 5 elements: the existence of a legal duty to exercise reasonable care; a failure to exercise reasonable care; harm caused by the negligent conduct; physical harm of actual damages; and proximate cause (reasonably foreseeable damages). However, typically insurance will pay for any property damage.

As for court fees, if the court ordered the tenant to pay and the tenant attempted to pay, and the landlord refuses, generally the next step is to mail a check for the ordered amount, that way the court will know the tenant attempted to pay and can't hold the tenant in contempt for violating a court order.

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Lawyer: legalgems, attorney replied 9 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
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