There are 2 landlords (brother and sister) on my lease. I signed the agreement and did walk through with brother. For the next year, all my communications have been with the sister who lives out of state. I have never heard from the local landlord (brother) again. I have pages of text and emails the support many of the affirmative defenses, evidence of agreements or arrangements made but all are from the landlord (sister) out of state. We were served an UD for expired fixed term (but it is good for another 11 months). They dismissed without prejudice. A few days later they served us with a 3-day and then an UD for unpaid rent, but we are current. Askedr an accounting summary as to how they arrived at this, we were ignored. The UD is filed under only the local landlord as plaintiff. He wonthave first hand knowledge of any of the communications or agreements . My question includes: If sister is not present, can I use the emails, texts and conversations as evidence and will he not be able to disagree because they were not made with him directly. And any advice on presenting the first UD to show along with this one they are falsly trying to evict. Are there no penalties to them?
It sounds as if you may be complicating things unnecessarily. You asserted all appropriate affirmative defenses in your answer, and the evidence of your payments (cancelled checks, etc.) are a complete defense to his allegations of unpaid rent. Unless there's something missing here, this case will be dismissed as well.
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