My landlord is SCUM! Please help me.

[MISSVIRGO79]

I was the victim of a house fire, resulting in me renting the first place I saw for my family. Big mistake! I moved in 8/14/07, the unit was horrible! I began requesting repairs immediately. I paid a deposit and full months rent to move in (second month was pro-rated). By the third month (October) I sent the land lord a certified letter stating repairs must be made to the unit before I would pay anymore rent. I included a detailed list of problems with the unit and a habitability checklist that was 85% checked with applicable issues. I received the same response as when I moved in, "I'll send someone out to check on it.". In November I was served with an unlawful detainer. Due to the landlord continuing the first hearing we didn't go to court until 01/2008. The judge ruled in our favor and granted us to remain in posession of the property and pay a reduced amount of rent for the months past. we were ordered to pay within 3 days. The landlord refused to answer the phone or return my calls, the only address I had for him was a PO Box. This resulted in us missing the 3 day deadline. I decided to send him a certified letter that included: a money order for full amount (plus a little more for "late fees"), a written explaination of why we missed the deadline and how we have tried to reach him, and a release by creditor contract that stated acceptance of the money was evidence that terms of original judgement were to be in effect. The landlord came to my home with the manager and his maintenence man to meet with my spouse and I (I tape recorded the entire meeting) we did a walk through of the unit and discussed the issues at hand. He stated that either I pay him an additional $1400 (for what ?) or he would hand me back my money order I'd sent and proceed with the eviction. I refused to pay the additional money and said I would just accept the money back and move. He then handed me a receipt for the money along with the contract I'd sent him (both signed by him) and stated he was still going to finish the eviction anyways! He did and I was forced to vacate. Then dispite the contract he signed (release by creditor) that stated I had paid in full any obligations to him and released me from any future debits to him, he refused to return my security deposit. I have since filed a small claims suit against him but would like to know if I can use the taped meeting as evidence. The recorder was not hidden it was placed in the middle of the coffee table in plain view. PLEASE HELP ME

 

[Scooterdog]

With that many people involved, I don't think he has any right to privacy. Take it to court, try to enter it as evidence. The worst that will happen is the judge will say "no".

 

[MISSVIRGO79]

Thanks thats what I thought also. With all five of us being there one would reasonably consider this not to be a "confidential conversation". How would I enter the tape as evidence? Would I be required to make a written transcript of the tape? what law or code would I refer to for further research of laws or codes covering this type of situation?

 

[Scooterdog]

Thanks thats what I thought also. With all five of us being there one would reasonably consider this not to be a "confidential conversation". How would I enter the tape as evidence? Would I be required to make a written transcript of the tape? what law or code would I refer to for further research of laws or codes covering this type of situation?

Make sure on that recording! I was talking in "general". Google your states privacy laws to be sure. I stil lthink it will work. Atleast try to enter it.

The plainiff will give their spew, call whiness's, enter exibits, etc...(It may just be a statement on the papers as well) You then get to give your response, as you refer to an "exibit", such as "tape recording" or what have you, you then ask to enter that as exhibit "A" or what ever one your one. You start with exhibit "1" or "A". Depending upon status.

Look under "CIVIL PROCEDURES" "CRIMINAL PROCEDURES" "CRIMES" and your states Declaration of Rights. You should find all you need. (With the exception of your courts rules that you are in)