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Updated about 6 years ago,
eviction ruling - Did the judge act accordingly?
So I posted earlier about trying to evict some dead beat renters. And everything that I have to say today will directly follow my previous posting. But I started a new discussion because of the questions that I have today. Im sorry to hop around like that but it is what is...
So in a quick recap of my last post...
My reneters have broken multiple lease agreement rules and also and also continue to not pay rent. They have been behind since day one, and are currently behind. They and avoid me like the plague. Their lease has been over since September. I have also sent them an eviction notice back in september. They wont leave, and with the acception of 12-1-18 and they havent been paying bla, bla, bla...
Well, I finaly went to court today and.....
The judge ruled in the tenants favor. ONLY BECAUSE I accepted a partial payment from the tennant for "back rent" but it was after the first of this month.
Now here are my questions...
It snowed last night and the Judge WAS NOT phisically in court. Court was held through video. I was required to bring tons of coppies and statements, records, rent reciepts, proof of this and proof of that and as most of you are aware that list goes on and on and on.... Than I had to make 3 coppies of all of it.
Well since the judge did not want to drive in the snow, he was not presant- they said he was 'sick' (he showed zero signs of illness).
Well during the hearing the tenant was lying threw her teeth on every issue. When it was my turn to speak, not only did I feel, that I was not given adiquate time to resopnd to her comments, but I also did not get enough time to address my own concerns and issues. I kept trying to explain to the judge " I HAVE THE PROOF RIGHT HERE IN BLACK AND WHITE WHICH PROVES THAT SHE IS LYING!! I HAVE ALL OF THE DETAILS PHYSICALLY HERE, AND I HAVE 3 COPPIES OF EVERYTHING".
I tried to explain to the judge that i have copies of notifications with me which prove that my intent for any payments were to be applied twards the past rent and not the current rent!!! I even went as far to say "Your honor, If you would just please look at, or have someone here look at it-- or even hold it up to the camera, well you will be able to see whats going on here!!!" But he refused to veiw ANY AND ALL information that I brought with. (not one thing)
Well this went on with EVERY subject he questioned me about. He would ask me a question and I would try to answer it the best I could- I would also locate and hold up the paperwork/reciept/notification in question. and I'd say "your honor I have that information right here. If you would just PLEASE look at this!! But he would not. I wanted to show him the eviction notice, important text messages (I printed out the history of texts with the renter and located important details) I wanted to show him notifications that i have sent. But most of all, I wanted to show him a detailed payment history. Which included late payments, and missed payments which are STILL unpaid and currently due!!!
BUT HE REFUSED TO LOOK AT I BROUGHT WITH, NOT ONE SINGLE THING!!!!
Finely he says, "we are going to take a recess".
Well when he came back, be basically went straight to his conclusion and proceeded to make his ruleing which was ....
(and im paraphrasing here)..
"Even though they are behind on rent, because you accepted a partial payment after the first of this month, the lease is voided".
Than he procieded to rule in their favor.
I tried to reason with him "your honor, i have documentation right here stating that money was to go twards to PAST rent Will you please just look at it".
But he didnt want anything to do with it.
Can he do that? Can he make a ruling WITHOUT even looking at the evidance that I had with?
Uuuuuuggggghh!!!! Im just sooo Pi$$#&!!!!
So basically If I want to evict them, I cannot accept current rent OR past rent AND they get to stay for free!! But I still have to pay the mortguage.
Well Im certified FULLY dissabled and cannot work. I do not yet recieve ssi or dissability. The ONLY income I have is $203 "emergency cash assistance" a month. (My house was in debt for repairs and nonpayments of rent). The ONLY reason that I am reciving the cash assistance is because I was Homeless for 8 months (1-18 to 8-18) and had zero income, and with the acception of food stamps, I was slipping through the cracks of everything I applied for through the county. Their answer was always the same.. "Because your house gets rent, you make too much, so you dont qualify". They would not listen when I tried to explain the renter suitation. All they herd was "you collect $1000 a month rent" Well actually I did NOT even qualify for the emergency assistance!! It was not until I went int the county building and tried one last time to get help one last time. And thats when I finally told them....."Hey look, Im fully disabled, im fighting for SSDI, I have nowhere to go, I have no money, I have been homeless for 8 months now, renters are in my house, they wont pay and they will not leave, i have nothing... so if you guys tell me one more time that there is no help available for me, than as soon as I leave this building I am just going to kill myself today." -- Only than did the Supervisor make an acception, and "over-ride the system" and approve me of $203 emergency cash." (which they will bevreclaiming when I do get my ssdi).
Well i tell ya, that was a pretty those days were a realy low point in my life, and I'm thankfull that part is behind me. Now all I have to do now is Get these people out, so I can continue to move foreward.
I literly cannot afford these people to be in my house any longer and I cant get them out. I was expecting the judge to rule in my favor and evict them today, but I guess not.
Im sorry for the "oh poor me sob story, but is plays a big part of the situatuion im currently in.
So back to my main question, can the judge do that? Can he make a ruling WITHOUT even viewing the evidance that I was "REQUIRED TO PROVIDE" and DID bring with to provide to him. And because he wasnt pysically in the room, he wasnt able to or willing to look at them.
Is that even legal for him to do?
So now the dead beat tenants get to stay even longer without paying rent!!! And we all know that I am still responsable for the mortguage, but I have no way of comming up with the money for it...
This all just seems insane to me, the system is messed up!!
And I dont see how the judge can do that....