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Lost small claims, should I appeal, I feel very embarrassed and ashamed (bed bugs)

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What state are you in?

The landlord counter-sued you for rent right?

Since you lost on the counter claim, you can appeal and get a completely new trial.
 


quincy

Senior Member
What state are you in?

The landlord counter-sued you for rent right?

Since you lost on the counter claim, you can appeal and get a completely new trial.
chris5014 is located in Ohio.

chris5014 sued for the return of his rent and deposit and for loss of property and emotional harm. The judge found that chris5014 breached the terms of the contract, based on the evidence presented by the landlord and witness testimony, and awarded the landlord the rent money.

Yes, chris5014 could appeal. But if his only grounds for appeal are that he finds the judge's decision unfair and that he felt he was unprepared and wants a "re-do," an appeal will wind up being a costly lesson and loss for chris.
 
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chris5014

Junior Member
Update

I already paid the court ordered 2,375. There is pretty much no going back at this point, though I would have felt better atleast "attempting" an appeal, knowing I atleast "tried" would make me feel a little better atleast knowing I "tried". Too late now though and I feel I will forever regret not trying ro appeal unless I can still try despite paying.
 

chris5014

Junior Member
But the fact the landlord lied is really the biggest blow, he made me look like the liar, which is really the most unsettling part for me.
 

chris5014

Junior Member
But after reviewing the rules of the evidence etc, the judge was not wrong in his decision. I lacked evidence and the fact the landlord made it look like I just up and left did not help either.once I accept the ruling, I'll feel better, at this point it's still bothering me because I haven't accreted the loss yet. Still a huge Blow though, because I lost twice here, my stuff my insanity and my money.
 

quincy

Senior Member
The only logical conclusion I can accept is I screwed myself over
I would not beat yourself up over this, chris. You were up against an attorney who was probably experienced in landlord/tenant issues. Very few pro se's can out-lawyer a lawyer. ;)

Even if you had done everything absolutely right, you would probably not have won the case because oral agreements are hard to prove - and the landlord relied on his written lease agreement with you to support the fact that you left before your lease term was up. If you had a document signed by the landlord agreeing to release you from the lease early, then THAT could have changed the decision to one in your favor.

And, again, the bedbug issue is a tricky one in all states that have heard cases involving them. Their source is often impossible to prove, and eliminating them from a property once that property has become infested is also nearly impossible. The landlord, however, did attempt to eradicate the bedbugs with four treatments, which showed he addressed your concerns, even if the problem was not resolved.

I suggest in the future that you carefully inspect the unit you will be renting and investigate the history of the landlord (i.e., any court actions taken against him/her) prior to renting. This won't tell you everything but it can tell you a lot.

Good luck.
 

Ohiogal

Queen Bee
What state are you in?

The landlord counter-sued you for rent right?

Since you lost on the counter claim, you can appeal and get a completely new trial.
No he can't. QUIT. You have no clue. He only gets a new trial IF he were to win an appeal. And he doesn't have a legal standing for an appeal.
 

Ohiogal

Queen Bee
chris5014 is located in Ohio.

chris5014 sued for the return of his rent and deposit and for loss of property and emotional harm. The judge found that chris5014 breached the terms of the contract, based on the evidence presented by the landlord and witness testimony, and awarded the landlord the rent money.

Yes, chris5014 could appeal. But if his only grounds for appeal are that he finds the judge's decision unfair and that he felt he was unprepared and wants a "re-do," an appeal will wind up being a costly lesson and loss for chris.
Those are NOT grounds for an appeal in Ohio. Ask me. I know. I do appeals in Ohio. And I have won MANY of them.
 

chris5014

Junior Member
Thanks everyone for the advice, I do really appreciate it. And bed bugs will deffinaitly make you go a little crazy, you constantly think your itchy ;)
 

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