Affidavit Dismisial

[cmucjones]

What is the name of your state? Michigan

Does and affidavit have to be filled to the correct person: Meaning with in the full legal name of the person spelled correctly.

Basically does the affidavit have to be filled out properly and error free to be taken to court?

This is for a lease agreement gone bad.. Illegal resident = fine... no proof of illegal resident here. I have proof that they lived elsewhere during said time frame...

Any advice would be wonderful... Thanks, CJ

 

[I AM ALWAYS LIABLE]

What is the name of your state? Michigan

Does and affidavit have to be filled to the correct person: Meaning with in the full legal name of the person spelled correctly.

Basically does the affidavit have to be filled out properly and error free to be taken to court?

This is for a lease agreement gone bad.. Illegal resident = fine... no proof of illegal resident here. I have proof that they lived elsewhere during said time frame...

Any advice would be wonderful... Thanks, CJ

My response:

I can't figure out what the hell you're talking about.

Your English grammar and spelling are so bad (re-read your first sentence slowly and out loud, and you'll see what I mean) that your post makes no sense.

Then, in your last paragraph, you talk about an "illegal resident" and mention a "said time frame". You never mentioned a time frame!

Regroup and rewrite your post. Make it understandable to someone who doesn't know your situation.

IAAL

 

[cmucjones]

Basically what I am trying to say is:

My landlord has issued me an affidavit for having an illegal resident in my apartment. I have a lease that states 1 person/ 2 bedroom with a clause at the bottom of the lease that states "In a case that a person/persons is found living/staying/storing items/sleeping at an United apartment with out being expressed within this lease, the lessee' is subject to a $2500.00 fine."

That is word for word off my lease.

Now for the technical stuff:

On the affidavit that was issued there are many "mistakes" In example (My name is spelled wrong and the time frame that they said I had an illegal resident staying with me is off by 4 days. Meaning i signed my lease and moved in on the 13th of december. The affidavit is made out for december 9th - current.

What i was asking earliler was.... Would I be able to take this affidavit somewhere and have this whole case dismissed becasue the technicallity that my name is spelled wrong and the dates are before i even moved in.

Also, As far as for having an illegal resident. No, i did not have one... I just happen to have a girlfriend which stays at the college dorms in my town and she happens to like coming and seeing me (What a surprise... people who are dating see lots of eachother) anyways, she comes over every day and stays (not sleeping) until an average of 1 - 2 am, then returns back to the dorms. She also provides me the use of her car becasue it has far better gas mileage than my truck. So this means she has to come over earlier in the mornings drop her car off and take my truck back over to the dorms so i can have her car to take to work.

Another question I have is: If I have proof that she actually stayed over in the dorms for the entire time frame (Exception 1 - 2 weekend nights) will i be able to have the cased dropped or turned around to make them pay me money some how for inconviences / lose of time and money from not working durning court days. The Proof that i have is in fact the billing statements from the college saying that she was infact paying room and board. Now any person can see that a person paying to live in one area (Especially 7k a semester) is going to live in that area. Especially becasue there is no benefit to living with me because i'm decently far away from the campus. About 2 miles. That is just common sense that if someone is paying money to live there, they're going to live there. At least that makes sense to me and about 45 other people that i've talked to about this.

The bottom line is i feel i do not have to pay a darn thing because i am not at fault here. Basically i dont have an illegal roommate or resident.

Oh and one technicallity that they are trying to stick on me is that i have my Girlfriends mail sent to my apartment. The reason i have this done is becasue campus mail is so shotie and messed up that she never got any packages or letters, so to remedy this problem i had them sent here where i always get my mail.

So i hope this was more helpful than before.

- Cj

 

[JETX]

"Would I be able to take this affidavit somewhere and have this whole case dismissed becasue the technicallity that my name is spelled wrong and the dates are before i even moved in."
*** No. Just make the corrections to the affidavit and initial them.

"Also, As far as for having an illegal resident. No, i did not have one... I just happen to have a girlfriend which stays at the college dorms in my town and she happens to like coming and seeing me (What a surprise... people who are dating see lots of eachother) anyways, she comes over every day and stays (not sleeping) until an average of 1 - 2 am, then returns back to the dorms. She also provides me the use of her car becasue it has far better gas mileage than my truck. So this means she has to come over earlier in the mornings drop her car off and take my truck back over to the dorms so i can have her car to take to work."
*** With all that, I think it will be very hard to try to convince the court that you didn't have a 'guest'. It is too easy to not believe that she is going home every night.

"Another question I have is: If I have proof that she actually stayed over in the dorms for the entire time frame (Exception 1 - 2 weekend nights) will i be able to have the cased dropped"
*** Probably not. However, you could use that 'proof' to try to defend against the claim.

"or turned around to make them pay me money some how for inconviences / lose of time and money from not working durning court days."
*** Nope. Your 'inconvience' is not compensable.

"The Proof that i have is in fact the billing statements from the college saying that she was infact paying room and board."
*** Sorry, but that isn't PROOF that she was not residing at your place.

"Now any person can see that a person paying to live in one area (Especially 7k a semester) is going to live in that area."
*** Assumption not based on facts.

"Especially becasue there is no benefit to living with me because i'm decently far away from the campus."
*** But not so far away that you can't make several roundtrips each day!! Doesn't make sense.

"About 2 miles."
*** That is NOT 'decently far away from campus'.

"That is just common sense that if someone is paying money to live there, they're going to live there."
*** Assumption not based on fact.

"At least that makes sense to me and about 45 other people that i've talked to about this."
*** But it probably won't make any sense to the court.... and the courts opinion is the only one that matters.

"The bottom line is i feel i do not have to pay a darn thing because i am not at fault here. Basically i dont have an illegal roommate or resident."
*** Personally, I think that will be very hard to prove.....

"Oh and one technicallity that they are trying to stick on me is that i have my Girlfriends mail sent to my apartment. "
*** And that is a HUGE problem. Getting mail delivery is one of the strong indications of residency.

"The reason i have this done is becasue campus mail is so shotie and messed up that she never got any packages or letters, so to remedy this problem i had them sent here where i always get my mail."
*** Or she could have gotten a P.O. box.

"So i hope this was more helpful than before."
*** Yes it is. And, at least to me, shows that you have a large problem.

 

[Veronica01]

Cj,

You certainly have a problem, but I tend to believe it is not as overwhelming as LL believes it is, according to your side of the story. Your key defense is going to be based on the fact that, if it is true as you said, your girlfriend has a lease elsewhere and she pays her rent regularly. How persuasive your pleading before the judge is going to be will determine how the judge will rule in your case. I tell you, if I was the sitting judge in your case, I could not predict what my ruling would be. I haven’t heard the other side of the story.

Now to LL’s affidavit. I do not know what it says, but in principle, you could file your affidavit with the court. The affidavit should be based on facts, not on opinions, or believes. If you have witnesses to support your contention, in addition to your affidavit, you improve your chances in the court, but I caution you, there is no guarantee you will defeat LL claim. You should prepare yourself to be truthful, candid, and properly documented.

Good luck.

 

[JETX]

"Your key defense is going to be based on the fact that, if it is true as you said, your girlfriend has a lease elsewhere and she pays her rent regularly."
*** I would love to be across the courtroom on that. It would be a 'slam-dunk' to remove that one.

"Now to LL’s affidavit. I do not know what it says, but in principle, you could file your affidavit with the court."
*** How can you say that without knowing what the affidavit is for, who requested it, etc.??? Simply, more 'guesses' from the uneducated.

"If you have witnesses to support your contention, in addition to your affidavit, you improve your chances in the court, but I caution you, there is no guarantee you will defeat LL claim."
*** Again, you are obviously confused of the purpose and intent of affidavits. In this case, the affidavit is NOT being presented to support the writers claim, but the landlords!!!

 

[cmucjones]

Thanks for everything.