posted May 26, 2014 08:07 PM            

Too make a long story short, my landlord is trying to evict me. I am not in the wrong though and it is to be suspected that she is a scam artist...I am the 3rd tenant to move in this house within 9 months. All of this is over money due that I have receipts and bank statements for and proof that she allocated and accounted for the money wrong. Now my biggest concern is that she has hired an attorney and legal aid is taking too long for my liking so it likely that I will end up representing myself unfortunately but living in this big city, I fear that the judge will be a tired stressed out old hag that will just rush through the cases....

I am mars retrograde in libra, detrimented and she is venus in aries. Mutual reception in opposition to each other. The judge is the 10th house located in the 7th house; they make an applying sextile to venus but will approach me first through trine. Moon is in via combusta (me being worried too much?) but nonetheless it gives me an uneasy feeling.

I don't know what to make of this and I think that with moon via combust shows me unable to really interpret this clearly as I am at my wits end.

posted May 26, 2014 10:50 PM            

A District Justice is a locally elected official who can decide civil lawsuits including landlord/tenant matters. The District Justice used to be called a Magistrate or Justice of the Peace.

Do I Need an Attorney?

No. The system can work without the parties having attorneys. The landlord may not have an attorney either.

Should I Go to The Hearing?

By all means, yes! Especially if you have a "defense" or "counterclaim" against your landlord. You should go even if you made an agreement with your landlord or your landlord said he was going to cancel the hearing. (He may not follow through like he promised!) If you cannot go on the scheduled date, call the District Justice's office and ask if it can be rescheduled.

What Is a "Defense"?

A defense is your reason why the landlord should not be allowed to evict you. You do not have to file any papers in order to be able to present your defense. Some common defenses are that the landlord did not give you enough notice to get out, or that the apartment had a lot of problems, or that the landlord's story is not true.

What Is a "Counterclaim"?

A counterclaim is when you have a claim for money against the landlord. An example is when a tenant paid for repairs or made improvements to the apartment.

To make a counterclaim, you must file papers before the hearing at the District Justice's office. The District Justice will give you a form to fill out. You should file a counterclaim as soon as you receive notice of the hearing.

Both the landlord's complaint and your counterclaim will be decided at the hearing.

What Happens at The Hearing?

The landlord will give his side first. He can testify and have witnesses, if he wants. Then the District Justice will give you an opportunity to question the landlord and his witnesses. (You are not required to ask them any questions.) Then you will get the opportunity to present your defense. You too can have witnesses if you want. The landlord then has his turn to ask questions of you and your witnesses. The District Justice can speak or ask questions at any time.

If the District Justice does not offer to let you speak after the landlord states his case, say politely but firmly: "Your Honor, I would like to present a defense" or "I would like to ask Mr. X a question."

May I Bring Documents?

Yes, you can bring documents that help prove your case. You must bring the document to the hearing; you are not allowed to refer to it if you don't have it (or a copy) with you. An example of an important document is a bill, estimate or receipt for a repair to the apartment.

Not all documents can be presented at a hearing. A written statement by a person (even if notarized) who does not come to the hearing to testify is not allowed. If someone has something important to say about your case, he or she must come to the hearing in person.

What If Someone I Want to Be a Witness Does Not Want to Come to The Hearing?

You have the right to get a "subpoena" from the District Justice. A subpoena requires a person to come to the hearing; it also requires the person's employer to let him or her out of work to come testify. A subpoena can also require the witness to bring documents needed to prove your case. An example might be to subpoena a furnace repairperson to come and testify what work she did and to bring the invoice for the repairs.

You should get the subpoenas you will need as soon as possible to be sure that the witnesses get them in time for the hearing. You must arrange for a responsible adult to "serve" or to hand the subpoena to the witness in order for the subpoena to be effective.

May I Object to Something a Witness Is Saying?

Yes. The most common objections are:

"I object. That is not relevant." You can object to a statement that has nothing to do with the case. Example: The landlord testifies that your father was arrested fifteen years ago for drunk driving.

"I object. That is hearsay." You can object if the witness states something she only heard from someone else. Example: A witness testifies that her neighbor told her that she saw you break a window. A witness can testify only to what he or she actually saw.

How Should I Prepare for My Case?

You should practice saying your side of the case. Make a written outline or checklist to use at the hearing. Keep to the point; don't ramble or the District Justice may cut you off.

Photos speak a thousand words. If you have a complaint about the condition of your apartment, take photos if you can. Be prepared to say when the photos were taken and by whom.

When Does the District Justice Decide the Case?

The District Justice may decide the case right in the courtroom after he has heard all the evidence. If not, he has three (3) days to decide and send you the decision in the mail.

What If I Don't Agree With the Decision?

You have a right to appeal. Appeals are filed at the local County Courthouse. However, you should consult with an attorney about appealing because it may be too difficult to follow the rules about the appeal on your own.

An appeal from a judgment of eviction must be filed within ten (10) days after the date of the judgment. If the landlord sued for possession and money, but was awarded only a money judgment the appeal deadline is still ten (10) days. If the landlord sued only for money, the appeal period in thirty (30) days.

What Happens If There Is No Appeal?

If the District Justice grants the landlord a "Judgment for Possession," you still have at least 21 days to move out. The landlord can request an "Order for Possession" from the District Justice on the 11th day following the date of judgment or any day after that.

A constable will serve you with the Order for Possession by handing it to you or posting it on your door. It will give you a final 10 days to move. On or after the 11th day following service of the Order for Possession, the constable or police can physically evict you if you haven't moved out. They can change the locks and put your stuff outside.

Also, if the District Justice grants the landlord a "money judgment," the landlord can go back to the District Justice after 30 days if he hasn't been paid, and request an "Order of Execution." This starts the process by which a tenant's belongings can be sold at a public sale in order to get the landlord his money.

If the District Justice granted the landlord judgments for both possession and money for future rent, you should consult a lawyer. The landlord is not entitled to both!

Can I Stay in The Apartment If I Appeal?

Yes, but only if, at the time you file the appeal, you deposit with the County Court a sum of money or a bond equal to the rent owed, or three months' rent, whichever is less. If you do not post the cash or bond, the appeal will not prevent your eviction.

posted May 26, 2014 11:05 PM            

the problem with living in a large city is that the court system is overburdened with cases and sometimes they just plow thru cases. Philadelphia has some of the most corrupt courts...they abolished traffic court here because 12 of the 14 judges were indicted and some were even sentenced for taking bribes.

The city of Philadelphia requires that all landlords submit to tenants three things prior to the inception of tenancy:
1. rental suitability certification that is given by the licenses and inspections department, another useless department.
2. renters license
3. and some handbook with tenant rights.
Only problem is finding a judge willing to enforce that because if you are in violation of one of those three things, you are unable to evict or collect rent. My landlord submitted a rental suitability certification 4 months after signing the lease.

She completely omitted one month rent rendering me missing a payment even when I gave her the receipt (I do bank transfers between my bank and hers every month on the 30th). I have numerous texts that I had printed along with emails of correspondence between her and I. In february, we made an agreement that going forward that rent was on time (which it is always is but I was just trying to appease her) and that she would no longer charge me a late fee. She collected rent afterwards but was still accounting for the money wrong even when I was stipulating what exactly it was for. This whole thing is so confusing but bottom line is that she says I have not made full rental payments since january even though I have the receipts. She has been deducting the water bill from the rent when I told her that I would pay that separate from the rent once I see a bill. Money transferred clearly says rent only and utilities is not included in the rent.

posted May 29, 2014 01:13 PM            

Mars opp Venus exact FIGHT!!!!

The thing is, it seems (s)he may have sued YOU? 8th house ruler in 7th, your landlord's first? BUT you apply trine to Mercury. Venus applies sextile to mercury.

Whew!! That is TRICKY!!

It feels like everybody is a winner here. Mercury is in it's own house, and strong. Part o fortune is in your 8th. I'm inclined to say you win the case, but the consequences for the landlord are not bad.
Venus is in detriment, so she's not happy, but get's SOMETHING. Venus is applying conjunction to Uranus, so whatever gratification (s)he gets will be instant. Will you put money directly in her hand that day? Whatever it is will be solved quickly. Venus sextiles Mars before the Uranus conjunction, so it's definitely after the case. I'm much inclined to say this won't settle before court because of that, the applying opposition between the landlord and the fact that Venus is the faster planet and is more interested in going to court.

Mercury is receiving Moon and Mars by triplicity. You'll be just fine.

Planetary hour is mars, so this chart is certainly fit to be judged. This chart was the bomb.com

Trying to do this reading without being clouded reading backstory.

posted May 29, 2014 01:29 PM            

Read the backstory. Ok. Legal aid blows cow d***s. Ooops!! I'm a mod now

I don't care what state you're in, if you have your receipts for rent made out by the landlord, case closed.

If you do NOT have the rent receipts for that month but canceled checks, may SURE you get the copies from the BANK showing (s)he cashed it. I would show up to court with 1 month's rent if you can. Something tells me you're missing something.

BUT

just as Moon leaves the sign, it applies trine to Neptune. Your 4th house ruler. You're not leaving.

...and the award for best horary goes to...

ETA: Read your last post. Ok. If it's not in the lease, she cannot deduct anything from the rent, not even legal fees. In NJ, especially, the law says it must be noted in the lease as additional rent.

posted May 29, 2014 01:51 PM            

I was thinking along the same lines as you as well but needed a second pair of eyes. Interesting to see the venus mars opposition because it seems to denote exactly what is going on.
the only gratification she will be getting is the money that I have been withholding from her even though there is a slight possibility that I may be able to recover money from her since she is in the wrong.
The attorney that I spoke with said not to mediate to anything and to go straight to a hearing as her attorney may try to roughshod me somehow...besides I am an emotional creature and it may not go well on my behalf lol.

Does mars retro concern you at all or do you think it just shows me staying put where I am? (returning to original position as some say).

I have so much on her including harassment for the 3 illegal eviction notices that she gave plus the her attorney is an idiot because he placed two different timelines on the notice to vacate. She called me on January 21st to tell me that february rent is late LOL!

It is stipulated in the lease that I pay her legal fees but she can take it out of the illegal late charges that she got from me lol. She charged me a whole month's rent (975) for a late fee and philadelphia says that you can only recover what you lost (ie late charge to mortgage company etc) in which case she didn't lose anything because there is no mortgage on the house.

So this will be an interesting fight...and like you said, I am missing something. I have withheld 2 months rent and only have a month and a half. College books are expensive...next class? Managerial economics lol

posted May 29, 2014 02:10 PM            

Do not mediate. I agree.

You need to come up with that money because she can evict you in NJ for a dollar.

Did you go to city all to verify that there is no lien on the house?

posted May 29, 2014 04:14 PM            

quote:

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Originally posted by cappy1277:
I know I can't bring that to court but we all are scheduled for court on the same day within the same time anyway lol

Just did the search for court records

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It's moderation "while you wait". Like a neon sign

posted June 07, 2014 10:06 PM            

quote:

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Originally posted by cappy1277:
So I spoke to my attorney and he said that there is a strong possibility that the case will be thrown out because she is not legally able to collect rent since she does not have the proper paperwork or licenses. Let's hope so...lol

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posted June 08, 2014 07:25 AM            

quote:

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Originally posted by cappy1277:
So what happened is I basically won the case....I terminated the lease six weeks early. I owe no back rent (the money I was withholding) and no rent going forward. 3 free months rent she didn't want to make the deal but I left her with no choice because I was ready to go to trial and that could've been a bigger loss for her. I stood my ground and her attorney knew it was a lost cause for her because he told her she couldn't afford to not take the deal.

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Why did she sue in the first place without consulting an attorney?! The thirst!!! She could've been out $10k over here. SMH

Thanks for posting the chart. You did settle before court unlike how I predicted even though the overall prediction was correct. Lesson for me. Thanks. Congrats!

posted June 08, 2014 11:15 AM            

Come to NJ. LOL

posted June 08, 2014 12:04 PM            

What is she getting out of suing all these tenants though? If she's doing the same with all of you, someone should tip off the DA or city for an investigation. Sounds like a scam.