How to win a...
How to win a right to claim possession hearing, what is the Judge Looking for and what needs to be proven. Is there a specific code or law referencing the requirements?
Lawyer's Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?
Right to claim possession papers have been registered with sheriff and filed with court along with 15 days paid rent and pending hearing. I want to know how the court determines the validity of tenancy in order to grant a fair trial and proceedings... Also, if the tenant is granted a trial and wins, what happens to the initial tenant that was ruled against by default?
Lawyer's Assistant: Where is the property located?
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
The lease began in June 2017. August 2017 despite having fully paid rent every month, the LL suddenly shut off power, water, cancelled cleaning service, gardeners, cable, home security system, and refused to fix the plumbing (neither of the two toilets worked, kitchen sink clogged), hot water heater (expired 2 years ago, no running hot water), garage door (risk of crashing down when up), as well as the rat, spider, wasp and flea infestation problem. We had to delay the move in bc she left in such a hurry left the home ransacked with many of her belongings, trash, food, filth left behind for me to clean up, pack, store, etc. all the while dealing with plumbing, rodents, insects, etc. Finally in Sept. we moved into a hotel as she ordered utility companies to not service her home address (the rental property) claiming there are "unauthorized tenants living in her home and does not authorize any utility services at her home at this time." despite executing a legally binding lease agreement in June of 2017. Furthermore, LL had posted publicly on nextdoor.com, a local neighborhood social media platform, a number of false allegations, slander, defamation of character, libel and posted our address, names, and pics of our home setting cause for additional harassment, vandalism to our home and property, lewd and threatening messages left on our cars with controlled substances enclosed, several instances of stalking, and unlawful entries into the home and onto the property, backyard, garage, our bedroom on one occasion. Evidence then surfaced that the LL was contracting with a local neighbor and arranged for a fixed payment amount from LL to neighbor a sum of money to "break into their home, change the locks and ensure they never return home again." We took the evidence to the Court and received a Civil Harassment Restraining Order. After staying in a hotel for a few months, and still working on the plumbing and other problems in effort to reach livable conditions for our family, including two todlers, we received notice that LL was evicting us for non payment of rent for the months we had to stay in hotel due to all the problems, no toilets, running hot water, no water at all, no electricity at all and being harrassed, stalked, habitual unlawful entries into the home, etc. and after filing demurer, motion to quash and motion to strike, the plaintiff somehow obtained a default judgement the day of the hearing on motion to strike... no time to answer after motion to strike?? I had the answer to file along with the motion to strike and the clerk said they would have a hearing on motion to strike then allow 5 days to file answer. So I held on to my answer. I did not attend the motion to strike and it was denied and default was entered that same day. What can I do!!!???? I have a family, all my belongings in that home, a lot of money tied up into repairs and was planning on being there for three years for kids schooling,etc. Now I may be out on the street in a few days after all this we've been put through?? Please help!!!