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Old 05-17-2019, 11:10 PM   #1
A374862
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Default Probably too late for me, wrongful eviction (I think)

Alabama tenant. Been renting a run-down, 30 year old, poorly insulated, improperly levelled, improperly skirted, no-hurricane ties, barely sitting on its blocks trailer for over 5 years. Non payment of rent for 2 months and then eviction. Possible retaliation for calling the health department due to raw sewage in the house, due to terrible homemade septic system. Went to court with a notated calendar of incidents of harrasment/threats + indexed and time-stamped audio evidence of over 15 landlord admissions and recorded threats, plus journal entries. Judge didn't hear any of it, received court ordered writ of possession and have till Tuesday to pay appeals.

Never received pay or quit form, landlord stated in court he posted it on my door on x date. Checked my security cameras, he wasn't there on x date.

Statement of claim originally was given to me by a neighbor because address was wrong as well as name. Police officer served me with statement of claim, unsigned and not filled out.

Court found me owing x amount when I can clearly prove (by their own paperwork) that its far less.

Feel like I'm pretty much screwed, just thought I would post here to see what people "in the know" think about it. There's so many more details, but in short: I'm not a nightmare tenant, although I've been late here and there. I've always helped this man fix his phone when he went to porn sites, I've taken pictures of his cars and whatnot to post online, I've been washing clothes by draining my washing machine into 5 gallon buckets and dumping outside for almost three years..... I don't feel like I deserve to be evicted
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Old 05-18-2019, 01:07 AM   #2
adjusterjack
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Default Re: Probably too late for me, wrongful eviction (I think)

You're right. It's too late for you. You weren't evicted in retaliation for calling the health department, you were evicted for not paying your rent. That's all the judge wanted to know.

If you are considering an appeal there is something important you need to know.

For an appeal to be successful you have to show that the judge erred in interpreting the facts and applying the law.

Fact - Non-payment of rent for two months.
Law - Non-payment of rent is grounds for eviction.

Where's the error? There isn't any.
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Old 05-18-2019, 03:01 AM   #3
jenner5ten
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Default Re: Probably too late for me, wrongful eviction (I think)

Any chance the landlord will still negotiate? He obviously had some issues himself which he may have heard you discuss at court.

And let you e.g. put an extra deposit down to ensure payment?


Otherwise it sounds like it may be a blessing to get out of that place even if it means some work and hassle for you.
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