He has lived in my master bedroom since I purchased the mobile home in March 2011. He did not have a job until May 2012. After that he pays 1/2 the bills. He doesn't pick up after himself, take out garbage, has trash all over in the lot ( I have a lease ) He comes in my room when he gets off work at midnight and wakes me for stupid things. I asked him to move more than once and he won't so I gave him proper notice and he didn't get out so I filed for eviction. . He filed an answer saying he never agreed to pay rent. I originally told him he had to pay half of everything and he knows it. My copy of his answer has an incomplete date, It says the 8th day of 2013. The month is not there. Can I go to the clerk and point this out and can the juge rule for me because of the error.
Landlord / Tenant Lawyer
The judge is unlikely to rule in your favor simply because of a typo. If the answer was filed within the 5 day period, it will likely be fine. Judges tend to be a little less... judgmental... with pro se litigants when it comes to these things.
You will need evidence to show that he knew he was to pay rent, or that he did pay half as agreed at one time. He may know that he was to pay 1/2 of everything, but he may not admit to it. Do you have paperwork showing this? Receipts or did he pay in cash? Emails evidencing that he knew he was to pay rent? Facebook? Texts?
If you cannot prove he was a tenant, he has a defense against an eviction. You may have had to file an action for unlawful detainer.
I recommend you set up a consultation with a landlord / tenant attorney. A lot of them are free, and while it may be expensive to hire the attorney in the short term, imagine living with your ex for another 6 months while you figure things out.
Best of luck.
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