DtroitPunk
Junior Member
What is the name of your state (only U.S. law)? Indiana
OK. I will try to keep this very brief and provide a summary of what has transpired.....
Almost a year and four months after moving out of a rented house we received notice that we were being sued by the former landlord.
I filed a countersuit since we had never gotten back our deposit nor received any letter of demand or damages. Being that it was only $99 we hadn't cared to pursue it until they sued us and figured it would go to carpet cleaning or some such.
The day of the hearing they (the property managers who were suing us) failed to appear. I and another party sat there while the judge told us that they were trying to CALL THEM. After them not showing for over 15 minutes and not answering the phone the Judge said we could all go and that we would receive notice of new hearing dates.
I pointed out that I had a counter suit and that if I failed to appear he would likely give a default judgment. He agreed that was likely and opened the hearing and gave us a default judgment.
Of course they requested a hearing to vacate default judgment, claiming a sick father in the hospital on the day in question.
I didn't object, though I doubt it would matter, as I had been looking forward to presenting our evidence (silly person that I was) so we began a new hearing.
The landlord brought NOTHING but a list of claimed damages and some poorly printed pictures on regular printer paper.
They claimed that the carpet had been NEW when we moved in, we denied this and provided evidence that we had to spend almost two days CLEANING the place before we could even move in. We brought professionally printed pictures showing the state of the property (stains on some walls, poorly laid linoleum over old layers and even fallen guttering that had never been repaired or replaced as evidence that this property was NOT well kept and that nothing was in new condition when we rented it.
Further, we had a signed statement from our now grown son who had lived with us that we left the property in better condition than we received it in.
We also proved and LL never denied that there had been NO pre or post move inspection done or even requested and that we never even met at the house and had walked through the house (and other properties) via a combo code lock box on door and that one of the properties we had been to had not even been locked.
In light of the above as well as the tardiness of filing we argued that there was NO way of knowing what damages were, if any, done by us. That any damages claimed might've been done at any time and by any ONE! The judge said that even though there was no inspection checklist that our signing the lease was good enough for him to decide that the property had been received in acceptable condition!
They also claimed a disposal fee for belongings that were left in the basement. We argued that those things had been left by the previous occupants.
Worst of all, we provided evidence that the Landlord never contacted us, returned our deposit OR sent a letter of demand/damages within 45 days as required. The judge said that without proof that we had notified them of change of address the law was on their side. First, we said, it was a wonder, this late after the fact that we had any evidence but we provided proof that...
1. we had paid ALL utilities off and that utility companies had our new address.
2. We had the same email and cell phone numbers that they had on file, with proof that the numbers had been in service the entire time.
3. That we also had filed a proper USPS change of address form.
4. That we had left owing NO back rent, had provided proper advanced notice of move and
5. We had the SAME address they'd used to file suit against us!
It was beyond ridiculous to imagine that we hadn't given them a mailing address or that they didn't know how to reach us but because we didn't have an actual letter showing that we "had" provided them the address the judge said we had failed to meet our burden of proof on that point.
Perhaps the WORST part is that while reviewing the lease and list of damages, the Judge pointed out that the administrative fees in lease in the event of a lawsuit were much higher than listed on damages form and allowed them to change it, resulting in $400 more being added! Had they tried to contact us, at ANY time in the year and four months prior, there might've been no need to file a lawsuit and hit us with administrative and filing fees!
Long story short it was absolutely CLEAR to us that this judge favored and already had a good relationship with the plaintiff and that everything they said was "true" and nothing we said would be considered.
There is clear judicial bias including assistance that puts more money in the LL's pocket and a complete and utter disregard of all we said and all evidence proffered. He literally, gave them EVERYTHING they requested plus an extra $400 and only deducted the $99 deposit.
Need help knowing what points of law to argue/cite in appeal.
Thanks!
Forgot to say that BEFORE the 30 days to appeal was up they had filed for a proceedings supplemental to execution. We immediately sent a motion for vacation of proceedings hearing detailing that they filed before our 30 days was up and that we HAD filed an appeal and the court denied the motion too!
OK. I will try to keep this very brief and provide a summary of what has transpired.....
Almost a year and four months after moving out of a rented house we received notice that we were being sued by the former landlord.
I filed a countersuit since we had never gotten back our deposit nor received any letter of demand or damages. Being that it was only $99 we hadn't cared to pursue it until they sued us and figured it would go to carpet cleaning or some such.
The day of the hearing they (the property managers who were suing us) failed to appear. I and another party sat there while the judge told us that they were trying to CALL THEM. After them not showing for over 15 minutes and not answering the phone the Judge said we could all go and that we would receive notice of new hearing dates.
I pointed out that I had a counter suit and that if I failed to appear he would likely give a default judgment. He agreed that was likely and opened the hearing and gave us a default judgment.
Of course they requested a hearing to vacate default judgment, claiming a sick father in the hospital on the day in question.
I didn't object, though I doubt it would matter, as I had been looking forward to presenting our evidence (silly person that I was) so we began a new hearing.
The landlord brought NOTHING but a list of claimed damages and some poorly printed pictures on regular printer paper.
They claimed that the carpet had been NEW when we moved in, we denied this and provided evidence that we had to spend almost two days CLEANING the place before we could even move in. We brought professionally printed pictures showing the state of the property (stains on some walls, poorly laid linoleum over old layers and even fallen guttering that had never been repaired or replaced as evidence that this property was NOT well kept and that nothing was in new condition when we rented it.
Further, we had a signed statement from our now grown son who had lived with us that we left the property in better condition than we received it in.
We also proved and LL never denied that there had been NO pre or post move inspection done or even requested and that we never even met at the house and had walked through the house (and other properties) via a combo code lock box on door and that one of the properties we had been to had not even been locked.
In light of the above as well as the tardiness of filing we argued that there was NO way of knowing what damages were, if any, done by us. That any damages claimed might've been done at any time and by any ONE! The judge said that even though there was no inspection checklist that our signing the lease was good enough for him to decide that the property had been received in acceptable condition!
They also claimed a disposal fee for belongings that were left in the basement. We argued that those things had been left by the previous occupants.
Worst of all, we provided evidence that the Landlord never contacted us, returned our deposit OR sent a letter of demand/damages within 45 days as required. The judge said that without proof that we had notified them of change of address the law was on their side. First, we said, it was a wonder, this late after the fact that we had any evidence but we provided proof that...
1. we had paid ALL utilities off and that utility companies had our new address.
2. We had the same email and cell phone numbers that they had on file, with proof that the numbers had been in service the entire time.
3. That we also had filed a proper USPS change of address form.
4. That we had left owing NO back rent, had provided proper advanced notice of move and
5. We had the SAME address they'd used to file suit against us!
It was beyond ridiculous to imagine that we hadn't given them a mailing address or that they didn't know how to reach us but because we didn't have an actual letter showing that we "had" provided them the address the judge said we had failed to meet our burden of proof on that point.
Perhaps the WORST part is that while reviewing the lease and list of damages, the Judge pointed out that the administrative fees in lease in the event of a lawsuit were much higher than listed on damages form and allowed them to change it, resulting in $400 more being added! Had they tried to contact us, at ANY time in the year and four months prior, there might've been no need to file a lawsuit and hit us with administrative and filing fees!
Long story short it was absolutely CLEAR to us that this judge favored and already had a good relationship with the plaintiff and that everything they said was "true" and nothing we said would be considered.
There is clear judicial bias including assistance that puts more money in the LL's pocket and a complete and utter disregard of all we said and all evidence proffered. He literally, gave them EVERYTHING they requested plus an extra $400 and only deducted the $99 deposit.
Need help knowing what points of law to argue/cite in appeal.
Thanks!
Forgot to say that BEFORE the 30 days to appeal was up they had filed for a proceedings supplemental to execution. We immediately sent a motion for vacation of proceedings hearing detailing that they filed before our 30 days was up and that we HAD filed an appeal and the court denied the motion too!
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