Any attorney's around?

[purduejake]

Sorry about my venting, but I can't contain it.

My landlord filed an eviction case aggainst me accusing me of not paying rent for Sept and October 04. She also tried to charge me $200 because I called the fire department when the building alarm went off and there turned out to be no fire. I proved I paid all rent and that the manager set off the alarm without notifying residents, the 911 center, or the fire department. The judge found that I did not owe them anything...

except $200 for the cost of their attorney. To put it bluntly, I have to pay for their attorney who brought forth a frivilous case against me. Better yet, I was evicted and given only 7 days to move out. Okay, so I applied to live at apartments and they will not let me live there because of the eviction. I talked with my attorney about how the hell I could be evicted when I did EVERYTHING right, and he said the judge knew we would be fighting so long as I lived in the unit and he did not want to deal with it again. Great, help the business and screw the resident and make it so he can't get housing. WTF!!! Any advice is greatly appreciated.

[Lex]

1. I've never, ever heard of someone who

was found to be totally innocent of wrongdoing in a case to be stuck with the other guy's attorney fees.

I've only seen it happen when the person WAS found liable for money due.

So, sorry, but I am stumped by your situation.

[purduejake]

5. The court has done something equally as ridiculous before.

I had a landlord who refused to let me move in because I am gay and my parents insisted on talking to the landlord when I told them they wouldn't let me move in because they accused me of a "lifestyle change," which I acted baffled at. My parents were clueless until the landlord told them I am gay. The landlord then demanded they forge my signature to release them from the lease and demanded $880 in fees, which my parents paid to get everything over with. When it got to court, the judge accepted the forgeries as legal even when I had my mother admitting to the act. I was out $880. The judge said this was all perfectly legal because it was done to discriminate against me, which is legal in Indiana. However, I wonder what would happen if somebody discriminated against me by beating my ass. This state is fucked up.

[Floogeldy]

2. You're in Indiana?

"IC 34-52-1-1
General recovery rule
Sec. 1. (a) In all civil actions, the party recovering judgment shall recover costs, except in those cases in which a different provision is made by law.
(b) In any civil action, the court may award attorney's fees as part of the cost to the prevailing party, if the court finds that either party:
(1) brought the action or defense on a claim or defense that is frivolous, unreasonable, or groundless;
(2) continued to litigate the action or defense after the party's claim or defense clearly became frivolous, unreasonable, or groundless; or
(3) litigated the action in bad faith.
(c) The award of fees under subsection (b) does not prevent a prevailing party from bringing an action against another party for abuse of process arising in any part on the same facts. However, the prevailing party may not recover the same attorney's fees twice."

Something stinks here. Are you sure you are giving us all of the facts?

[purduejake]

3. Those are all of the relevant facts.

My attorney said the judge evicted me just to solve the problem, but I was baffled by being charged for the attorney fees. They exactly $200, which is what they asked for. I have had a dispute with the landlord for 8 months and have threatened to move out multiple times since they refuse to provide the internet service I pay them for and the building is not wired for any other companies. I'm truly baffled (and PISSED).

[Floogeldy]

4. Too bad an appeal would cost more than $200

Sounds like you've been wronged. But you should ask your attorney. There may be different attorney fee rules for small claims court, if that is where you were. I don't know.

Ask your attorney.

Good luck.

B-)

[purduejake]

6. Thank you very much!

I will print out the info you gave me above and take it to the attorney. The $200 is not an issue. It's that I have been denied housing because of the eviction and I have nowhere to go. I don't care how much it costs--- I have to have housing and as a professional with a decent job it really shouldn't be an issue especially since I have always paid my rent and everything on-time.

[Seabiscuit]

7. Did you have a month-to-month lease? If so, did your landlord properly

serve you with a 30 day notice to quit?

If so, and he filed a lawsuit at the end of 30 days to evict you, it's not a frivolous lawsuit. And your description doesn't appear to prove retaliation for any exercise of a right regarding the property.

If not, and if he served you with a 3-day notice to pay rent or quit for the months you paid your rent, and then after 3 days filed and served an eviction lawsuit, then the judge by law would have to throw out his case and advise the landlord to start over with a 30 day notice to quit.

Attorneys fees are awarded the prevailing party in unlawful detainer actions, along with costs of suit. Eviction statutes were written by landowners in favor of landowners, except in California, the retaliatory eviction statute, Civil Code Sec. 1942.5 was written by tenants for tenants.

If you were in my office for a consultation I would have a number of other questions for you, because on its face it appears from your story either that:

1. The judge was wrong in refusing to follow the law, or

2. There was something about the case you didn't understand, and/or

3. There are other important facts about the case you're not telling me.

[Floogeldy]

8. Seabiscuit?

Are you an attorney in Indiana?

That would be great.

The OP's attorney should have gone through this, if you are.

B-)

[Seabiscuit]

9. Sorry - I'm licensed in California. Thanks anyway.

[Floogeldy]

10. Is Civil Code Sec. 1942.5 California law, or Indiana law?

Thanks.

B-)

[Seabiscuit]

11. California law.

[Floogeldy]

12. Well, if I ever need a lawyer in California . . .

. . . I'll definitely contact you first.

B-)

[Seabiscuit]

14. Thanks. By my guest.

[hickman1937]

16. What's your guest's approximate value?

I'd like to know before I put in a bid.

[Seabiscuit]

18. Dunno... you'd have to ask him. :)

[hickman1937]

19. n/t

:P :P :P

[Nevernose]

13. Nevermind

I see what state you're in. California should be relatively easy for a renter...

[Seabiscuit]

15. Even with some of the law on a tenant's side, it's never easy in Cali-

fornia. Remember, the judges are all landowners too. The system in general and the judges in particular are all biased in favor of the landlords. CC 1941, 1941.1, 1942.5 and Green vs. California are pretty much all the tenants have in their favor - and they still need good facts supported by ironclad evidence AND a neutral judge (the latter is virtually impossible to come by).

[Floogeldy]

17. purduejake is in Indiana