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What Do You Do About A Self-Help Eviction?

Having a dispute with a tenant or landlord? Rental Law discussion

What Do You Do About A Self-Help Eviction?

Postby taillefer » Tue Jun 26, 2012 9:17 am

I moved into a home in March and after we paid the landlord and did a TON of work on the home, because it was quite the mess when they leased it to us, we found out there was no heating system in the home, when the gas company came to hook up service.
We freaked out, because it had not been disclosed to us. Obviously we would not rent a home in March if there was not a heat source in it. I am pregnant and have a 4 year old daughter. We contacted the landlords and they told us they were unaware that the heating system was not in the home and they tried blaming it on their previous tenants. We asked for our money back, and all the money we spent painting, laying down a new kitchen floors, fixing leaks, etc before we moved in, and they told us they were going to shop around and put a new heating source for us ASAP. A couple days later they contacted us and told us that their handyman could install wall heaters that would easily keep warm during the winter since they could not afford to replace the entire furnace system. We agreed to let them do this and agreed to move in, with space heaters, which heated the home, until the following week they were suppose to install the new heating . A couple weeks went by and they did nothing. I contacted them and told them that space heaters was just suppose to be a quick fix and they needed to replace the heating in the home as they agreed right away. They came over twice to do measurements and then I never saw them again. The heaters just sat around. I started receiving 400.00 electric bills monthly from having to run our space heaters all the time during the winter months. I complained to them, told them this was not part of the deal and started withholding rent until they did it.
After I did that, they went nuts, and started making ridiculous allegations that I would not allow them access to the home, and that was why the heaters had not been installed. Nothing made any sense to me. I think they are absolutely insane. So we started looking for a new home, and a week later we received a 30 day eviction notice.
We then went to court 11 days ago with the district justice. He ordered them a judgement of 2 months rent since he felt the space heaters gave us heat..how that even makes any sense at all I will never know, since it was costing me 400.00 a month to do and that was not the deal that was made as we moved in the house and I had told them I wanted my money returned and did not want to move in if they could not provide me heat and they lied and told me they would within a week. I did not dispute the eviction because we had already been looking for a place and wanted to move and to be rid of these slumlords.
He told us we had 10 days from the date that the hearing took place and then once that happened, they would need to return to court to get an order of possession and then we would be served and we would have to be out by the date the court order said that the sheriff served us with.
Yesterday was day 10 and our landlords showed up claiming that they now had possession of the house. I tried to explain to them that they did not, and that they still had to follow the process and file for an order of possession with the courts, in which they began stating they had already talked to the sheriff and the police were on the way and that we had to be out NOW! I told her I had talked to the magistrate's office and they explained to me the process, I did not have everything packed, and cannot move into my new place until July 1st so I was calling the police because I knew they were lying and trying to illegally evict me from the home. Mind you, I am almost 7 months pregnant and was home alone with my 4 yr old daughter.
I called the police and they asked them to show them a court order and they told the police they did not have one. The police told them they did not deal in civil matters and was not getting involved but tried explaining to them that what they were doing was illegal and not the way the process worked. They would not listen. They kept on, insulting the police and going crazy. They were asked to leave. While the police were talking to me, they conspicously went and pad locked my doors with my meds, and my animals still inside and then left. Also, they went into the home and my 1 carat diamond next to the kitchen window I had set there is now missing. I ran to tell the cops that they left and had locked the doors with my animals and meds still inside, not to mention all our belongings and the cop basically told me break in if need be.
After the cops left, they came back, realized my animals were in the house and unlocked the doors, so I went in and refused to leave. They kept at it, and I called the cops back. They ran off and the cops stopped them along the way and told them if they came back they would be arrested for harassment.
Now my ring is gone, and they did all this...what is my legal recourse? Obviously they are crazy and that was illegal.
taillefer
 
Posts: 30
Joined: Sat Apr 02, 2011 7:05 am
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What Do You Do About A Self-Help Eviction?

Postby calin » Tue Jun 26, 2012 9:26 am

I moved into a home in March and after we paid the landlord and did a TON of work on the home, because it was quite the mess when they leased it to us, we found out there was no heating system in the home, when the gas company came to hook up service.
We freaked out, because it had not been disclosed to us. Obviously we would not rent a home in March if there was not a heat source in it. I am pregnant and have a 4 year old daughter. We contacted the landlords and they told us they were unaware that the heating system was not in the home and they tried blaming it on their previous tenants. We asked for our money back, and all the money we spent painting, laying down a new kitchen floors, fixing leaks, etc before we moved in, and they told us they were going to shop around and put a new heating source for us ASAP. A couple days later they contacted us and told us that their handyman could install wall heaters that would easily keep warm during the winter since they could not afford to replace the entire furnace system. We agreed to let them do this and agreed to move in, with space heaters, which heated the home, until the following week they were suppose to install the new heating . A couple weeks went by and they did nothing. I contacted them and told them that space heaters was just suppose to be a quick fix and they needed to replace the heating in the home as they agreed right away. They came over twice to do measurements and then I never saw them again. The heaters just sat around. I started receiving 400.00 electric bills monthly from having to run our space heaters all the time during the winter months. I complained to them, told them this was not part of the deal and started withholding rent until they did it.
After I did that, they went nuts, and started making ridiculous allegations that I would not allow them access to the home, and that was why the heaters had not been installed. Nothing made any sense to me. I think they are absolutely insane. So we started looking for a new home, and a week later we received a 30 day eviction notice.
We then went to court 11 days ago with the district justice. He ordered them a judgement of 2 months rent since he felt the space heaters gave us heat..how that even makes any sense at all I will never know, since it was costing me 400.00 a month to do and that was not the deal that was made as we moved in the house and I had told them I wanted my money returned and did not want to move in if they could not provide me heat and they lied and told me they would within a week. I did not dispute the eviction because we had already been looking for a place and wanted to move and to be rid of these slumlords.
He told us we had 10 days from the date that the hearing took place and then once that happened, they would need to return to court to get an order of possession and then we would be served and we would have to be out by the date the court order said that the sheriff served us with.
Yesterday was day 10 and our landlords showed up claiming that they now had possession of the house. I tried to explain to them that they did not, and that they still had to follow the process and file for an order of possession with the courts, in which they began stating they had already talked to the sheriff and the police were on the way and that we had to be out NOW! I told her I had talked to the magistrate's office and they explained to me the process, I did not have everything packed, and cannot move into my new place until July 1st so I was calling the police because I knew they were lying and trying to illegally evict me from the home. Mind you, I am almost 7 months pregnant and was home alone with my 4 yr old daughter.
I called the police and they asked them to show them a court order and they told the police they did not have one. The police told them they did not deal in civil matters and was not getting involved but tried explaining to them that what they were doing was illegal and not the way the process worked. They would not listen. They kept on, insulting the police and going crazy. They were asked to leave. While the police were talking to me, they conspicously went and pad locked my doors with my meds, and my animals still inside and then left. Also, they went into the home and my 1 carat diamond next to the kitchen window I had set there is now missing. I ran to tell the cops that they left and had locked the doors with my animals and meds still inside, not to mention all our belongings and the cop basically told me break in if need be.
After the cops left, they came back, realized my animals were in the house and unlocked the doors, so I went in and refused to leave. They kept at it, and I called the cops back. They ran off and the cops stopped them along the way and told them if they came back they would be arrested for harassment.
Now my ring is gone, and they did all this...what is my legal recourse? Obviously they are crazy and that was illegal.
I would ask for help
calin
 
Posts: 33
Joined: Sat Apr 02, 2011 8:54 am
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What Do You Do About A Self-Help Eviction?

Postby dubh35 » Tue Jun 26, 2012 9:37 am

Hi Lisa, boy you have jerks for landlords. OK I am going to try and help you as much as I can. One you need to file a police report for the missing ring. You should also file a report against them for harassment. Did you get your agreement in writting in regards to the heating problem. Make sure you get everything in writting don't take no one by their word. And as you know if they attempt to pad lock anything call the police. They can't evict you without a signed order by a Judge. But you have some options. You may be able to get out of the lease if you had everything in writting and file an appeal against the judgement they got on you but that depends on alot of factors. I would like to assist you in anyway I can below is my email if you need any additional advise. Can you please answer mine.
Justice4all23 @ Hotmail.com
dubh35
 
Posts: 32
Joined: Thu Mar 31, 2011 7:25 pm
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What Do You Do About A Self-Help Eviction?

Postby broehain61 » Tue Jun 26, 2012 9:42 am

This is not making sense. You already went to court for failing to vacate, and you lost that case. It was all one case, not two, there is no "back to court".

You are in illegal possession of someone elses house. YOU need to get out and make an appointment with a doctor, it is YOU with the problem here, not your victims. Maybe this is some weird hormone imbalance due to the pregrancy, whatever it is it suggest that you are suffering from mental illness of some sort.
broehain61
 
Posts: 38
Joined: Thu Mar 31, 2011 5:58 pm
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