What is the name of your state?What is the name of your state? Maryland
Hello All,
On Monday, I went to court defending myself against my landlord who claimed damages to a unit I moved from in 2003. They claimed fees for damages and also for rent (claiming no notice given).
During the case, the Rental Manager, testified under oath that prior to her walking the premises and discovering my unit vacant on a certain date she never rec'd notice of my intention to move. She denied that the rental office rec'd my initial letter 30 days prior to my move where I requested to be present during the walk-through (I included the letter w/ my rent pymt; She acknowledges the pymt, not the letter). She also denied receiving my second letter sent via certified mail a month and a half later, which gave them my new address and re-iterated my desire to be present during the walk-through.
Long story short...Judge found her as a credible witness, believed I didn't give notice, believed that the landlord never rec'd my letter, and awarded her the Judgment.
After skimming the case on the way home, I realized an oversight. Although the witness claimed to not have rec'd notice, they provided an Exhibit to the Court which shows they rec'd notice on a certain date (I'm sure they don't know this; and I didn't catch it until it was too late). This date also coincides with the date that my second letter was signed for by an employee of the rental office. Also, on their Exhibit, they had my new address. So on the same day that she alleges she found the apartment vacant, they had my new and current address. To obtain my new address on the same day she discovered I moved is nearly impossible unless they did in fact get my notice. So, she in fact,, as I already knew, lied under oath and therefore is NOT a credible witness. So, the Judge erred by relying on untruthful witness.
My issue is: Should I file a Motion for New Trial or Appeal the Judgment? The only problem is I fear that if I file the motion for a new trial, I'll have to give the reasons why and "put all my cards on the table". And if the motion is denied and I then appeal, my landlord will know what I plan to do and do damage control. At an appeal hearing, I would make sure that she stated under oath that she'd not rec'd notice and then point out to the Judge where their own evidence contradicts her testimony. In light of this, I'm hoping that he'll deem her as a untruthful witness and dismiss all of her other claims (she offered no receipts, ect to prove damages; just said what was owed; Judge took her word).
Do I have a chance? Any advice is GREATLY appreciated.
Hello All,
On Monday, I went to court defending myself against my landlord who claimed damages to a unit I moved from in 2003. They claimed fees for damages and also for rent (claiming no notice given).
During the case, the Rental Manager, testified under oath that prior to her walking the premises and discovering my unit vacant on a certain date she never rec'd notice of my intention to move. She denied that the rental office rec'd my initial letter 30 days prior to my move where I requested to be present during the walk-through (I included the letter w/ my rent pymt; She acknowledges the pymt, not the letter). She also denied receiving my second letter sent via certified mail a month and a half later, which gave them my new address and re-iterated my desire to be present during the walk-through.
Long story short...Judge found her as a credible witness, believed I didn't give notice, believed that the landlord never rec'd my letter, and awarded her the Judgment.
After skimming the case on the way home, I realized an oversight. Although the witness claimed to not have rec'd notice, they provided an Exhibit to the Court which shows they rec'd notice on a certain date (I'm sure they don't know this; and I didn't catch it until it was too late). This date also coincides with the date that my second letter was signed for by an employee of the rental office. Also, on their Exhibit, they had my new address. So on the same day that she alleges she found the apartment vacant, they had my new and current address. To obtain my new address on the same day she discovered I moved is nearly impossible unless they did in fact get my notice. So, she in fact,, as I already knew, lied under oath and therefore is NOT a credible witness. So, the Judge erred by relying on untruthful witness.
My issue is: Should I file a Motion for New Trial or Appeal the Judgment? The only problem is I fear that if I file the motion for a new trial, I'll have to give the reasons why and "put all my cards on the table". And if the motion is denied and I then appeal, my landlord will know what I plan to do and do damage control. At an appeal hearing, I would make sure that she stated under oath that she'd not rec'd notice and then point out to the Judge where their own evidence contradicts her testimony. In light of this, I'm hoping that he'll deem her as a untruthful witness and dismiss all of her other claims (she offered no receipts, ect to prove damages; just said what was owed; Judge took her word).
Do I have a chance? Any advice is GREATLY appreciated.