Author Topic: Need some legal help  (Read 4257 times)

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Offline Hellstryker

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Need some legal help
Background: I live in the state of Pennsylvania in the US. I'm 21 years old, and I live with my mother and a roommate. Our landlord is a conservative wank****e who only cares about dead presidents, and our roommate is a drug addict who is addicted to Valium, Soma, Vicodin, and other various controlled and uncontrolled substances. These are all prescribed however.

We have no money for a lawyer, and no friends who are knowledgeable in this particular legal area.

The following is a log of the events that have transpired the past four days (with today being the least notable so far). Names, phone numbers, and other confidential information have been removed.


Quote
7/9/15

12:00 - 5:00 AM: Myself [REDACTED], father [REDACTED], and mother [REDACTED] awoken numerous times throughout the early morning by roommate [REDACTED] with complaints of chest pain. Informed by all of us to go to the hospital, but refuses. Situation culminates with 911 being dialed by roommate [REDACTED] from her phone [REDACTED] and EMTs being dispatched. EKG is performed and roommate [REDACTED] is informed that she has an arrythmia. She [REDACTED] refuses treatment because they will only take her to Lower Bucks Hospital, which she does not wish to go to.

7:00 AM - Verbal altercation in dining room between mom [REDACTED], dad [REDACTED], and roommate [REDACTED] over the earlier events. She [REDACTED] claims we do not care about her and is shouting and in tears. I [REDACTED] lost my temper and threw a plate on the floor which bounced off and hit her on the LEFT shin. Apologized, apology supposedly accepted.

2-3:00 PM - Landlord [REDACTED] knocks on door threatening to evict us or make us pay $75 more per month unless air conditioner is shut off. roommate [REDACTED] claims I intentionally hit her in her RIGHT arthritic knee, drawing a circle around it. Landlord believes this claim.

5:00 PM - Dad [REDACTED] shows up to retrieve some of his things. Altercation and physical threats from landlord's son [REDACTED]. Dad [REDACTED] calls police who mediate the situation and inform him that it is legal for him to be on the property as long as invited by rent paying tenants

6:00 PM - I [REDACTED] leave the house to stay the night at a friend's [REDACTED] place [REDACTED], giving the situation at home [REDACTED] time to cool down.

7/10/15

9:00 AM - Left friend's [REDACTED] place and spent the morning at Lake Caroline.

12:50 PM - Picked up from Lake Caroline by [REDACTED] and my mother [REDACTED]. Taken to my CRNP [REDACTED] for monthly [REDACTED] prescription/check in. Situation explained to him.

5:00 - 7:00 PM? - roommate [REDACTED] calls the police on myself [REDACTED] and my mother [REDACTED], refusing to state why. 3 police cruisers surround the house but do not enter the property nor approach.

10:00 PM: roommate [REDACTED] claims to call the police on myself [REDACTED] and my mother [REDACTED] again after overhearing us talking in my room from her room, assuming we were being mean to her and talking behind her back.

11:00 PM: No police officers have arrived, I [REDACTED] dial 911 and speak to the dispatcher (name unknown) who informs me that no call in was made, and I inform him that there is no need for an officer to be sent, and go to sleep.

7/11/15

12:30 PM: Mother [REDACTED] and landlord [REDACTED] sit down to discuss finances. Landlord starts a verbal altercation and claims we [REDACTED] owe him $900. Our records state we owe $450. He rejects this and shuts the electric off, telling us simply to get out.

12:50 PM: Landlord claims Peco (Electric Company) shut the power off. Mother [REDACTED] calls the police on landlord [REDACTED] due to unlawful interference with utilities. One officer [REDACTED] is dispatched, and the officer makes the landlord [REDACTED] turn the electric back on, and speaks to us about the domestic issues with both the landlord [REDACTED] and roommate. [REDACTED]. Landlord [REDACTED] continues to claim Peco (Electric Company) shut it off.

2:00-3:00 PM: The [REDACTED] family, including the landlord, his wife, his son, his son's wife, and his grandchildren begin cleaning out property belonging to dad [REDACTED], mom [REDACTED], and myself [REDACTED]. While he has the right to remove my father's [REDACTED] property from the premises, he does not have the right to do so with my own [REDACTED] or my mother's [REDACTED] property. When informed of what property belongs to who, the landlord [REDACTED] informs us that he does not care and will see us [REDACTED] in court.

Neither myself nor my mother have any experience in court. What we DO have is proof that he illegally shut the electricity off, illegally moved our property off of the premises, and most importantly he left his financial records here, which we kept and compared to our own records which bear his signature. His records only date back to March of this year, whereas ours date back to November 2014. Can we use these in court against him, or would it be considered theft and/or ignored?

The landlord has no signed contract with us, enters our house and rooms without notice (which is apparently legal in our state) and is extremely aggressive and threatening, though we have no witnesses of this outside of our wishy washy roommate who may or may not try to get ME locked up. I'm also unaware of whether or not some kind of renter's permit is necessary to rent rooms in a house within Pennsylvania.

So yes, any legal advice here would majorly help, I'm a total noob at this and pretty scared to be honest with you all.
« Last Edit: July 14, 2015, 07:20:27 pm by Hellstryker »

 

Offline Bobboau

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Re: Need some legal help
get a lawyer.
if you have a case or not it will be of no worth to you if you don't have a lawyer.
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Offline est1895

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Re: Need some legal help
I'm so sorry to hear what has happened to you and your family.  I'm not a lawyer, but I do know some things.  So you say you don't have a written contract.  This means it was an oral contract.  Oral contracts are valid, but they must meet the Statute of Frauds for your state to be enforceable.  Witnesses do help with this, but you say there are no witnesses.  So what was agreed to orally?  If you have receipts of rent payment, you can show that to the judge.  If the oral contract was too vague, the judge can impose what's called "The Doctrine of Reasonableness" and he will decide the terms of the contract for you.  When you meet the judge, be very respectful and polite, for he can throw out the case against you. But I would highly recommend seeing a lawyer if you can before going to court and he/she will give you your options.  Also, knowing where the court case will be and who the judge is handling the case can be of help to you.

That's my two cents and I hope everything goes fine for you.  Even pray!  Yah, I've seen prayer work in my own life.
« Last Edit: July 12, 2015, 08:26:08 pm by est1895 »

 

Offline Bobboau

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Re: Need some legal help
If you paid with a check, especially if you filled out that memo field to say it was for rent, and you have those records that he cashed those checks then you have proof that you paid him. ask him which month you failed to pay.
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Offline Scotty

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Re: Need some legal help
It never fails to amaze me that people come to internet strangers to ask legal advice.

 

Offline S-99

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Re: Need some legal help
I did a while ago. You'd be surprised what you find.
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Offline Black Wolf

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Re: Need some legal help
http://www.palawhelp.org/
http://www.palawhelp.org/issues/housing-and-shelter/tenants-rights

Getting advice from the internet is fine, but don't just get it from randoms. Found that on the third google link for "pennsylvania free legal advice". Might not be helpful, but it will be more helpful than a bunch of advice from people who're in a worse position than you are to suggest a course of action.

I'm fairly confident that we don't have any actual practicing lawyers among HLPs regular posters, and I'd bet money that even if we did, none of them would have experience with Pennsylvania state housing law specifically.

The only worthwhile advice you're likely to get here is this: "Get good, qualified advice from a lawyer and go from there".
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Offline Mongoose

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Re: Need some legal help
I actually live fairly close by to you, but unfortunately I have zero experience with our housing laws to give you any advice.  I know money may be tight, but a lawyer is really your best bet by far.

 

Offline Hellstryker

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Re: Need some legal help
It never fails to amaze me that people come to internet strangers to ask legal advice.

Yeah except that I have literally nowhere else to go.

As for everyone else, thanks for the responses.

@Bobboau No, we've been paying in cash, not checks. We don't really intend to give the guy a dime more either so that's out of the question.

 

Offline MP-Ryan

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Re: Need some legal help
You need a lawyer, one who is licensed to practice in your state and who is familiar with tenancy law.

Look for legal aid services in your area.  If you are a student, colleges often have these services.  If not, you may qualify for free or low-cost assistance.
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Offline Hellstryker

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Re: Need some legal help
I just got off the phone with a friend who was a witness to the contract, which was agreed to be $50 cheaper than what we've been paying. In addition he knows a lawyer who will probably do it for free. Small miracles.

 

Offline Mongoose

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Re: Need some legal help
Good to hear. :yes:

  

Offline qwadtep

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Re: Need some legal help
You missed one.

 

Offline Hellstryker

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Re: Need some legal help
Thanks for pointing that out, edited.

 

Offline jr2

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Re: Need some legal help
http://www.justanswer.com/


>  Lawyers   >  Landlord-Tenant category

In case that helps.

 

Offline Hellstryker

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Re: Need some legal help
Court was yesterday, wasn't allowed to present any evidence, judge didn't want to see it. Ruling was that we need to be out in 7 days and owe $1200, $1800 if we're here until August.

Justice my left ****ing nut.

Going to be homeless. Don't point me towards homeless shelters with six month waiting lists, don't point me towards legal aid (they wouldn't even represent us at the hearing), don't tell me to try to appeal the decision because having a roof over my head is more important right now. Suicide is an option.

 
Re: Need some legal help
How could they not let you present evidence??? You should definitely appeal (when you've got your feet on the ground). Until then, stay alive, just keep working through it, and you'll come out ok, even if it seems like you can't.

 

Offline Hellstryker

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Re: Need some legal help
I'm 90% certain that some kind of backroom deal was made. The verdict was decided before we even stepped foot in the courtroom. Yeah, appeal is a great idea down the line, but I don't know where I'll be sleeping in a week's time.

 

Offline General Battuta

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Re: Need some legal help
You're going to be okay. It sucks now, but it'll turn out all right.

Our country could really use some better social safety :(

 

Offline Mongoose

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Re: Need some legal help
I can't really offer you any practical assistance, but if there's any other way I can help, just let me know.  I live close enough to you that I might be able to provide you with some contacts or resources.  And please, please, don't do anything rash.  There's a way through this, and we'll help you figure it out as best we can.