Topic: Do cover letters have titles
July 16, 2019 / By Dolores Question:
My landlord sold the house I live in ten days after accepting my one year lease. There is no sale clause, just basic one year lease.
Initially she promised a return of all monies, and covering my moving expenses. I found a place and she refused to return any money. Did I mention she has $5000 of my money?
I only occupied residence for 28 days and in a temporary manner, I would have stayed per my rights, but just moved from a evil landlord and I could tell she was basically immoral. Unfortunately I didnt learn this til after loease...
Anyways, over the last couple weeks we have been in negotiations, I have realtors calling me etc. They close on Tuesday july 6th 2010. I received a letter that my lease is terminated immediately on grounds of unkept grass and a boat in the driveway. both grass and boat was taken care of 3 weeks ago. Lawn was never bad and there is no specific language in lease regarding items in driveway.
Landlord performed a self help eviction and changed the locks refusing entry. Also disconnected power and relocated items in fridge to realtors office.
I am aware of my rights and reminded all parties involved realtors, sellers etc that this is illegal and i am hiring a lawyer. They continued to proceed with the constructive eviction regardless of my lawsuit threats.
Icing on the cake! realtor acted as seller's authorized representative and performed a moveout inspection etc and hired the locksmith.
My rent was paid in advance, I never received any notices or complaints, and lawn was never overgrown. So my question is
How do i file suit(like what am I suing for exactly) and file the lis pendens. My attorney left on vacation for the 4th and they close on the 6th. To ensure filing of lis pendens before closing I would like to do this initial work myself.
when I go to clerk of courts I ask for small claims paperwork, and what do I put for lawsuit etc? just self help eviction or wrongful eviction? I have a complaint filed with DATCP and local sheriffs department. Once pending lawsuit is filed, I believe I take this paperwork to the county's register of deeds or land office and apply the lis pendens?
Caron | 10 days ago
You sue for unlawful eviction. You can't legally file a lis pendens, you must not understand what that is. That is for when you have a claim to own the property, renters have no ownership rights, making a lis pendens impossible, you have no claim to the title of the house.
Why would you file a lis pendens? You have no interest or right to the property and trying to cloud the title to it would be a waste of time and money. Your issue is a landlord tenant issue.
I'm not a lawyer, but what you should file is a lawsuit (small claims limit is $5000) for damages and constructive eviction for changing the locks and forcing you out. The judge will decide on the amount of damages that should be awarded to you if you are able to prove to the court what losses and damages you suffered.