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re: if you file an appeal against a judgment, what happens then?
Mon, Apr 21 2008 3:19 PM
Joined on Mon, Apr 2 2007
I was sued by my ex-landlord for unpaid rent (5 or 6 months I think). We responded claiming he was doing an unlawful eviction/retaliatory eviction because I contacted code enforcement to report inhabitable conditions in the property, since the landlord refused to fix the house for more than three months straight. Repairs were needed after a portion of the roof collapsed during a wind storm.
He attempted the eviction twice, the first time his lawyer advised him to drop the charges (his evidence did not support his claims), the second time we entered a judgment which basically said we had to move out of the property by dd/mm and if we left by then, we would not owe the landlord any money. Lawyer said he wanted the property back, so we agreed and signed all paperwork, and moved out by the date specified.
3 months after, I receive papers from small claims. He was trying to collect on 4 months rent, cleaning fees, dumping charges, etc. We countered, claiming inhabitable living conditions (80% of property for 3 months) and requesting a refund of 80% of the rent, retaliatory eviction(s) without cause from landlord, moving fees, etc. Unfortunately, our case was thrown out of court and we were asked to leave, after the landlords "witness" cut off the judge, interrupted him a couple of times and would not let him talk. I was not able to defend myself against all charges, I saw what the landlord had as "evidence" for his claims, bottom-line, I don't see how a judge can award someone who has nothing to back his claims. In my case, I had all my receipts, pictures, city inspectors report of property, all evictions he tried to pull, etc.
Sorry for not specifying who was who at the beginning, my questions was about the appeal, but it feels funny to not give a bit of background on the cases that lead us to be where we are.