On dec 23rd i was served, by the landlord, in no attempt to knock or make due diligent effort for personal service, with a demand for compliance or right to possession to either pay the landlord the sum of $340 being past due rent or leave. On the 3rd my landlord's sister with no attempt to knock or make due diligenet effort for personal service, posted the demand on my door for a summons in forcible entry and unlawful detainer he is claiming now we had a verbal tenancy and he's alleging I did not pay December and January and damages of $1,000. I have a lease that he sent me on October 9th of 2019 and he says it's not valid because he intentionally did not sign it and I have the messages where he says that. I also have all the messages where it says I have done a few thousand dollars worth of work in repairs to the house which covered the remainder of December January and February.I was underneath the impression that he cannot convert the lease by protesting he did not sign it because when he took payment he implied signature. I also want to come contest i did work to benefit the premises and he was unjustly enriched by my occupation because the repairs increased the value of house
You have asserted some facts which may offer you a defense to the eviction. I recommend that you contact an attorney to learn about the process, how to present evidence, the standard of proof, the landlord's burden, etc. before your hearing or return date.
Donald at Robinson and Henry, PC. The above information is provided to you “AS IS,” does not constitute legal advice and we are not acting as your attorney. Because we do not have a full view of the facts in providing the above information we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site and its associated sites. Legal advice must be tailored to the specific circumstances of each case and the information provided to you may not be an appropriate fit in your case. Nothing here is provided or should be used as a substitute for the advice of competent legal counsel. This postings is for educational and information purposes only, not legal advice or legal opinions. The information is not intended to create a lawyer-client relationship between the author and you.
You have too much going on for a general Q&A forum. You need to hire an attorney to at least sit down with you and sort out what is going on and where you stand and then you need to file an answer to the eviction complaint.
One of the most important issues is timing. If the landlord told you that he was not going to sign the lease and wasn't gong to accept the terms of the written lease before he let you move in and accepted rent, then accepting rent does not imply anything to the contrary.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline