DEUCE and other Posters--Guidance sought on EVICTION proceedings.

**mtneer1212** · 11-19-10, 09:26 PM

Usually, the best course of action is to pay your normal rent, and place the 'fees' in escrow. Then sue. If you lose, you lose the escrow, if you win, you keep the escrow and can sue them for legal fees. By doing this, they cannot evict you for nonpayment.

**tltaylor89** · 11-19-10, 09:27 PM

Judge Wapner is an asshole.

**Extra Innings** · 11-19-10, 09:28 PM

Originally posted by mtneer1212

Usually, the best course of action is to pay your normal rent, and place the 'fees' in escrow. Then sue. If you lose, you lose the escrow, if you win, you keep the escrow and can sue them for legal fees. By doing this, they cannot evict you for nonpayment.

How do I pay something in escrow....I rather ask someone than look it up myself if they know what they are talking about. With a response like that you obviously know what youre talking about.

**Deuce** · 11-19-10, 09:29 PM

Pay what your lease agreement says you're entitled to pay. I'd really need to see the contract you singned to really tell you what to do here.

**Extra Innings** · 11-19-10, 09:39 PM

The fees are related to having cats. The policy is no cats without prior approval. They are charging me 15.00 a cat (I have three) and a 200.00 fee for the last 2 years. It come to about 1500.00 dollars

I own a house and the apartment is solely for the cats (because my girlfriends kids are allergic to cats). I asked them how they came up with the fees (especially since two of the cats are 1 years old). They showed me a pet addendum. I requested the pet addendum I signed (I never saw one) and they stated they lost it.

**flyingillini** · 11-19-10, 09:42 PM

EI, you are throwing money down the drain paying rent. Pay a mortgage not rent. Samuel 11:14 - Thou shall be happy and pay his fees

**Extra Innings** · 11-19-10, 09:44 PM

Originally posted by flyingillini

EI, you are throwing money down the drain paying rent. Pay a mortgage not rent. Samuel 11:14 - Thou shall be happy and pay his fees

Illini...my cats just said your post was not helpful.

**flyingillini** · 11-19-10, 09:45 PM

Originally posted by Extra Innings

Illini...my cats just said your post was not helpful.

EI, Christ has blessed your cats! He will make them safe!

**Extra Innings** · 11-19-10, 09:47 PM

Originally posted by flyingillini

EI, Christ has blessed your cats! He will make them safe!

My cats a fukkin; Jewish

**flyingillini** · 11-19-10, 09:54 PM

Mazel!

**tltaylor89** · 11-19-10, 11:14 PM

Lol I wonder what the poor mexican says when she has to clean that apartment.

**mtneer1212** · 11-19-10, 11:19 PM

You will need to get a lawyer...... he can tell you how to put the fees in escrow. If they lost the addendum, the onus of proof is on them. They have no chance.

**Extra Innings** · 11-20-10, 12:28 AM

Originally posted by mtneer1212

You will need to get a lawyer...... he can tell you how to put the fees in escrow. If they lost the addendum, the onus of proof is on them. They have no chance.

Thanks Pal....I sent an email to the guy I spoke to today, understandably these guys probably don't like small cases but I would be willing to risk 5k to be represented. I have calls out to other ones as well. Thanks again for your help

**Deuce** · 11-20-10, 02:57 AM

Originally posted by Extra Innings

Thanks Pal....I sent an email to the guy I spoke to today, understandably these guys probably don't like small cases but I would be willing to risk 5k to be represented. I have calls out to other ones as well. Thanks again for your help

Chances are the representation the apartment owner has is much stronger than yours. Secondly, you probably didn't read the contract you signed. Inside the contract if at all anywhere is says you're to pay for animals you house, you're doomed. Documentation is the only strong evidence that holds in court. A lawyer wrote the contract just so they could do this. Make sure you go over the lease with a lawyer before proceeding. This could end up costing you your shirt if you jump the gun. My guess is you'll pay what you have to, they will fukk you in legal jargon that states if you hide the fact you're sheltering animals there is a fine to pay.

**Extra Innings** · 11-20-10, 11:21 AM

Originally posted by Deuce

Chances are the representation the apartment owner has is much stronger than yours. Secondly, you probably didn't read the contract you signed. Inside the contract if at all anywhere is says you're to pay for animals you house, you're doomed. Documentation is the only strong evidence that holds in court. A lawyer wrote the contract just so they could do this. Make sure you go over the lease with a lawyer before proceeding. This could end up costing you your shirt if you jump the gun. My guess is you'll pay what you have to, they will fukk you in legal jargon that states if you hide the fact you're sheltering animals there is a fine to pay.

Ill be more that happy to email you the lease. No mention of fines. I gave them the option to kick me out and give me back the security deposit for violating the lease. I have over 12 years of post graduate education...surprisingly 2 years of that was business and labor law. Tenant/contract law isn't rocket science. I am smarter than most lawyers (at least the ones I have met).

**Extra Innings** · 11-20-10, 11:33 AM

Let me give you a more formal response....as though I was arguing the case with Deuce Boyd.

Originally posted by Deuce

Chances are the representation the apartment owner has is much stronger than yours.

Unlikely, I have more money than them. This case is not about money. If you are going to manage your units like a mobster I am going to treat you like a mobster.

Originally posted by Deuce

Secondly, you probably didn't read the contract you signed.

Yes I did. Section 13 of the lease titled animals states "Dogs, cats, parrots or other birds, reptiles or animals are not allowed on demised premises without written permission by landlord."

I have established through interviewing witnesses that tenants are required to sign a pet addendum which outlines the fines for violation of this section of the lease when they move in. I have asked the plaintiff to provide me a copy of this document and they claim it was lost.

Originally posted by Deuce

Inside the contract if at all anywhere is says you're to pay for animals you house, you're doomed. Documentation is the only strong evidence that holds in court. A lawyer wrote the contract just so they could do this. Make sure you go over the lease with a lawyer before proceeding. This could end up costing you your shirt if you jump the gun. My guess is you'll pay what you have to, they will fukk you in legal jargon that states if you hide the fact you're sheltering animals there is a fine to pay.

Your honor, this guy changes tires for a living....he is wasting our time.

CASE DISMISSED!