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Problem with the law - Landlord Forum thread 273011

Problem with the law by Juan (MS) on December 28, 2012 @10:12

                              
You guys keep telling me to follow the law, but let me ask you something - do you ever speed? Do you ever run a red light? Sometimes the law is wrong.

I have been in this house for over 2 years and after the first year it went to month-month lease, and now, out of the blue and for no real reason, my landlady wants me out. So in light of her rash action, I don't think I have any real moral obligation to comply.

So just help me, if you guys would, in brainstorming ideas. In MS, if I claim that I didn't get the notice(she just posted it on my door, I never signed that I received it), can that buy me a whole extra month of time? I mean, conceivably, there are high schoolers in this neighborhood that play pranks, I could claim that one of them stole the notice off my door and therefore I never got it. Then, after that, make her file for eviction, and then in court move for a continuance due to hardship(my great uncle died a couple months back, and I could claim it has affected me).

Would either of those ideas work? Does anyone have anything they have seen that works well? Please help folks, I just need about 12 weeks of extra time here, I'm not asking for a lot. Thanks.
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Re: Problem with the law by Anonymous on December 28, 2012 @10:54 [ Reply ]
"do you ever speed? Do you ever run a red light? Sometimes the law is wrong."

Speeding laws and not running a red light law are proper and good laws. Perhaps you should stay an extra year or two in school as your education and reasoning skills are sorely lacking.

" In MS, if I claim that I didn't get the notice(she just posted it on my door, I never signed that I received it), can that buy me a whole extra month of time?"

No, it will not. That doesn't work.

"Then in court move for a continuance due to hardship(my great uncle died a couple months back, and I could claim it has affected me)."

Eviction court doesn't work like Law and Order. No continuances. Hardship cases are not a valid defense or reason. Flapping your gums saying you miss a great uncle (distant relative) is not hardship. You would have to get copious amounts of medical proof, be failing out of school, etc. Then you would probably be referred to an inpatient treatment center for severe depression by the court.

Oh, by the way, your landlord can use your posts here to show the court how much of a lying, scheming criminal you are trying to be. It's easily searchable and it is a major LL website.

Stop trying to thug your way around in life. Grow up. Use this time to search for another apartment and make preperations to move. You do have almost 2 months.
Re: Problem with the law by The dude (Mn) on December 28, 2012 @11:10 [ Reply ]
Here's are your many fallacies:

1.) The red light/speeding crap. It's still illegal. If you get pulled over and given a ticket to appear in court, you still have to appear in court. You can't try to get around it because its a law you don't feel you need to follow.

2.) there is no good reason to kick you out and the landlord is being unreasonable. What are you being? Maybe the landlord lost a job and can't afford to live in her primary residence so is now moving in to the place she owns free and clear with no mortgage. Your place. Is it moral to keep her out of property that is legally hers? Maybe she's renovating it so in July when new students come to look for housing, it's in better shape than it is now. Is it moral for you to deny her access to her place so she can make a wise business decision? There are plenty of reasons to want you out. Not one of which she has to tell you.

3.) You seem to think this is a normal court case. It's not. This isn't a matter of you can pay up and stay there. You are legally at the end of your lease. As has been stated a couple times, it's your own fault for not finding a place that had a lease which expired in May or June. You are fairly dumb if you can't see that.

There are many more possibly uninformedic arguments you've made, but these are the three main ones.
Re: Problem with the law by Anon. E. Mouse (California) on December 28, 2012 @12:37 [ Reply ]
And with this post, he's crossed into full-blown under-the-bridge, billy-goat-eating troll territory.

Be that as it may...

You're in college. She's given you six weeks to arrange for different living arrangements. If you decided to drop out of school and move, would it be unfair to her that she has to find a new tenant on *only* six weeks notice? Seriously? I'm all for closely following the law and preserving both the landlord's and the tenant's rights. She's done that. You need to get out. Any attempts to drag the process out will not end well for you. No, the judge won't care if you shop around for attorneys. Most folks don't use them in these actions anyway. He /she will throw you out and issue a judgement against you for holdover rent and all legal costs. Not really something you can afford to pay on student loans.

This is a business transaction. Stop making it personal.

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