susievsdave
New Member
FASLE EVECTION
4/2009
-We were late on rent for April
4/11/2009
-Received threating 3 day eviction notice(different from the one shown in court on 4/29)
-David threatened to get trespassing on Derek and have the cops remove him from the property(bills in his name)
4/22/09
-Received summons to appear in court at 1:30pm on 4/29/09
4/27/09
-David Bigley came by the house and asked if we were going to court
-We told him that we were
-David said he didn't want to go to court.
-He stated that if we paid what we owed plus rent for may ($759)we could stay till 6/1/09.
-Also said he would cancel court.
-We agreed and got a money order in the amount of $759(We have receipt)
4/28
-David came by the house to pick up money order($759)
-He wrote out a receipt for $759 and wrote "tenant will move out before June 1st 2009"
4/29
-David went to court. Case#-09LM07192(We didn't show because David said he canceled it)
-He filed for recovery of money through non-payment of rent
-Cristi Lopez was the witness
-He won the case for $450($375 rent/$50 Late fee/$25 from 3/09) 10% interest before Judgment 20% after
-He never informed us of this judgment
5/26
-David returned to court(we were not aware)
-David revived a forcible detainer against Susan Billings
5/27
-We received a Immediate vacate order from Sedgwick county sheriffs office
-It stated to immediately vacate or face arrest/all remaining property becomes property of the landlord
-We were forced to leave our couch
-We were forced to stay at Model Motel $30
5/28-6/3
-We were forced to stay at Scotsman Inn $196.56
-unable to find a decent place to stay because of FALSE evection
6/4-6/10
-Scotsman Inn $196.56
-unable to find a decent place to stay because of FALSE evection
6/11-6/18
-Scotsman Inn $218.89 (Had to pay more so Susan son wouldn't have to sleep on floor)
-Found a place in the Hilltop area. Susan lived there before and landlord didn't need references
NO HEAT/No SINK
10/08-4/09
-We had no working furnace. We informed Dave of this and his response was to clean it.
-We cleaned it and it still wouldn't work.
-We told Dave again and he said he would come by to fix it.
-When he finally showed up in Dec. He got it to start but it kicked back off within 10mins
-We kept starting it over and over again but it would never stay lit
-We told him again of this problem and he stated that he had pipes freezing in another apt. and would be by later.
-He returned to the house with a very small space heater. And said he would have to REPLACE THE FURNACE
-He never again addressed the issue no matter how much we complained and just kept saying we needed to clean it.
12/08-5/09
-The sink stopped up
-We bought drain cleaner several times. It never fixed the problem.
-We took the trap off to see if it was clogged. It wasn't clogged and we couldn't fix it
-we told Dave of the situation. When he came by to fix it he replaced the pipes.
-It still wouldn't drain
-We told him it was still clogged and he never returned.
-We ended up having to remove the drain and keep a bucket under it to catch the water.
-Every time we used the sink we would have to dump the bucket. It was very heavy and a major burden
This was an outline for the judge I guess it wouldn't make much sense if you didn't have the documentation for it.
Here's the gist
I was late on rent 11 days. My landlord gave me a 3 day eviction saying get out immediatly and if everything wasn't in the same shape as it was he would file for criminal damages. Then I get a summonds to appear in court. Two days before court he comes by the house and says he dosn't want to go to court and if I pay him he won't. I paid him the back owed rent and paid early for the next month. A total $759. I recived a reciept and he said he wouldn't go to court. Four days before we were supposed to move out we got a notice from the sherriffs dept to immediatly vacate or we would be arested. Come to find out that he did go to court after we paid him and said that we didn't pay. I have proof that he lied to the judge to get me evicted. And i have the reciept were he wrote I was to move out by the 1st and got evicted 4 days before then. So now i have and eviction and a $450 judgement against me. During this time I spent 7 months with below frezzing temps and no heat. I called repeatly to get this fixed and all he did was bring a very small space heater for a 2 bedroom house. the sink was also broke for months and he would never fix it. What rights do I have. And what should i sue for. We were forced to live in a motel and because of the eviction on my record it was three weeks before we could find a place to live.Thx in advance for any help.
4/2009
-We were late on rent for April
4/11/2009
-Received threating 3 day eviction notice(different from the one shown in court on 4/29)
-David threatened to get trespassing on Derek and have the cops remove him from the property(bills in his name)
4/22/09
-Received summons to appear in court at 1:30pm on 4/29/09
4/27/09
-David Bigley came by the house and asked if we were going to court
-We told him that we were
-David said he didn't want to go to court.
-He stated that if we paid what we owed plus rent for may ($759)we could stay till 6/1/09.
-Also said he would cancel court.
-We agreed and got a money order in the amount of $759(We have receipt)
4/28
-David came by the house to pick up money order($759)
-He wrote out a receipt for $759 and wrote "tenant will move out before June 1st 2009"
4/29
-David went to court. Case#-09LM07192(We didn't show because David said he canceled it)
-He filed for recovery of money through non-payment of rent
-Cristi Lopez was the witness
-He won the case for $450($375 rent/$50 Late fee/$25 from 3/09) 10% interest before Judgment 20% after
-He never informed us of this judgment
5/26
-David returned to court(we were not aware)
-David revived a forcible detainer against Susan Billings
5/27
-We received a Immediate vacate order from Sedgwick county sheriffs office
-It stated to immediately vacate or face arrest/all remaining property becomes property of the landlord
-We were forced to leave our couch
-We were forced to stay at Model Motel $30
5/28-6/3
-We were forced to stay at Scotsman Inn $196.56
-unable to find a decent place to stay because of FALSE evection
6/4-6/10
-Scotsman Inn $196.56
-unable to find a decent place to stay because of FALSE evection
6/11-6/18
-Scotsman Inn $218.89 (Had to pay more so Susan son wouldn't have to sleep on floor)
-Found a place in the Hilltop area. Susan lived there before and landlord didn't need references
NO HEAT/No SINK
10/08-4/09
-We had no working furnace. We informed Dave of this and his response was to clean it.
-We cleaned it and it still wouldn't work.
-We told Dave again and he said he would come by to fix it.
-When he finally showed up in Dec. He got it to start but it kicked back off within 10mins
-We kept starting it over and over again but it would never stay lit
-We told him again of this problem and he stated that he had pipes freezing in another apt. and would be by later.
-He returned to the house with a very small space heater. And said he would have to REPLACE THE FURNACE
-He never again addressed the issue no matter how much we complained and just kept saying we needed to clean it.
12/08-5/09
-The sink stopped up
-We bought drain cleaner several times. It never fixed the problem.
-We took the trap off to see if it was clogged. It wasn't clogged and we couldn't fix it
-we told Dave of the situation. When he came by to fix it he replaced the pipes.
-It still wouldn't drain
-We told him it was still clogged and he never returned.
-We ended up having to remove the drain and keep a bucket under it to catch the water.
-Every time we used the sink we would have to dump the bucket. It was very heavy and a major burden
This was an outline for the judge I guess it wouldn't make much sense if you didn't have the documentation for it.
Here's the gist
I was late on rent 11 days. My landlord gave me a 3 day eviction saying get out immediatly and if everything wasn't in the same shape as it was he would file for criminal damages. Then I get a summonds to appear in court. Two days before court he comes by the house and says he dosn't want to go to court and if I pay him he won't. I paid him the back owed rent and paid early for the next month. A total $759. I recived a reciept and he said he wouldn't go to court. Four days before we were supposed to move out we got a notice from the sherriffs dept to immediatly vacate or we would be arested. Come to find out that he did go to court after we paid him and said that we didn't pay. I have proof that he lied to the judge to get me evicted. And i have the reciept were he wrote I was to move out by the 1st and got evicted 4 days before then. So now i have and eviction and a $450 judgement against me. During this time I spent 7 months with below frezzing temps and no heat. I called repeatly to get this fixed and all he did was bring a very small space heater for a 2 bedroom house. the sink was also broke for months and he would never fix it. What rights do I have. And what should i sue for. We were forced to live in a motel and because of the eviction on my record it was three weeks before we could find a place to live.Thx in advance for any help.
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