I would still move. The management company will now make her life living there a living hell in an effort to make her move out on her own since now any attempt to evict her short of nonpayment of rent or illegal activity will severely scrutinized and if even a hint of impropriety is found, they could and likely would get sued with a good chance of the tenant winning. Same idea if you get fired from a job for a clearly illegal reason and the company who fired you is ordered to reinstate you. Short of someone heinous being fired again is off the table due to the potential consequences win or lose so they make your life a living hell short of crossing the "Hostile Work Environment" and "Constructive Discharge" lines to make you quit on your own
I doubt they will make her life difficult, based on her going to the media like she did, because if they do, as you say, make her life hell, she can easily contact the media, and they will broadcast it, like this.
Yeah if I was an owner in that situation I would absolutely fire my property management company for being incompetent. As a tenant I can also agree with you that the property management company really does suck balls they took me to court for no reason - literally. The judge didn't like that. Good news, I won.
My land lord has refused to fix my air conditioner and it get up 84 degrees in here with this windows unit I bought. Then today he sent a notice that I had 30 days to move out or take me to housing. I don't know what to do.
@@Revkor fight it. Worst that can happen is the judge granting possession. In the meantime it buys you time to find a place somewhere else as until the judge rules, you stay where you're at and even after he or she rules, until you are formally served by a process server or law enforcement you stay and until said eviction order is carried out by law enforcement, then and only then you must leave.
I had no hot water since April I reported many times to landlord and maintenance they didn't seem to think it was an emergency emergency Intel I was sick and under doctor's care and couldn't even get out of bed then they scheduled a plumber he showed up at 5:30 I was already in bed I told him that business hours were until 4:30 and to please call me in the morning I was written up for not allowing emergency access the next morning they called me from a undisclosed number and I did not answer so they brought me up again for another emergency access violation and gave me an eviction notice I'm in Mississippi and Water Valley and it is illegal I've got to be out by the 16th of December
Why would you want too stay were you treated like that there has too be better places too live in her budget why do you need heat in Florida it bloody hot 8 months out the year still they should fix major problem s
My landlord jist gave me an evictuon yesterday for this same reason Dude rented me a termite infested unit from the start and never would take it seriously when i repoerted it to him Told him he rented me a lemon and id be contacting health department and my lawyer Then yesterday he shows up woth the letter and doesnt tell me the reason for it. He just said, "Oh its little things little things"
But someone could have at least returned her call within an hour, and give an ETA on the resolution. I had a compressor go out in my a/c and maintenance put a "jumper" on it to bypass the circuit breaker. They deemed it resolved but by the weekend the compressor was dead totally. I had to go a whole weekend without air. They finally replaced the entire outside unit the following Tuesday. Should have been resolved before Sunday night. This "industry standard" is bullshit!!
The Baltimore county police department illegally entered my apartment. Once inside they put a gun to my head and threatened my life. Then they left without giving me any reason or paperwork.
That complex needs a better property management company or the Landlord needs more education. Retaliation is part of landlord 101. Why are people's still doing that? Did this guy ever so a 5 seconds Google search?!
DEFENDANT RESPONSE: The Defendant responds to this action as follows; I disagree with every word in this Complaint. It is a complete fiction. There is absolutely no evidence whatsoever to support any of the allegations in the complaint. ,This is another of a long list of retaliatory actions, a campaign launched by the personell at Midwest after notifying Brad Millward of myself getting injured on October 29, 2019. The Attachments to this Response will give sufficient rise necessary under Fed. R. Civ. P 9(b) to confirm the Midwest Management Teams overt propensity to prevericate, deceive and misrepresent the facts to the level of *Fraud Upon the Court. it will also show that they are judically cognizant , and willfully defrauding the court. It is not known if Plaintiff Counsel is aware of the fraudulent presentation of this case. By omitting the fact that the non-payment of rent is due to Midwest Acquisition & Management team refusing my rent check, and holding my December Check for almost a month without cashing it, *(See attached 1A) and sending it back to me as I was about to send out the January rent check.This shows the Management and Partners at Midwest Acquisition & Management Team For Ted Greenwood are judicially cognizant that they are engaging in Fraud upon the Court. In regards to the the false statement that I have been refusing to surrender the property, to date I haven't recieved a proper 3 day notice to vacate, with a correct amount due, and a legitmate reason for the notice. Notice to vacate with an incorrect amount due is in violation of ORC.5321.05. the entire set of events surrounding this eviction and the eviction itself is part of a campaign of retaliatory actions commited by Brad Millward, Douglas Higa. directly related to the plaintiffs reckless endangerment of of health created by ignoring Code Enforcement violations issued for the horrible, unsafe condition of the property, not disclosed to me before I signed the lease,and the subsequent injury on Oct. 29, 2019. The 3 notices to vacate, my lease, Midwest Acquisitions' accounting ledger of my payment history, and this complaint all have different amounts due as well as different rent payment amounts. (see all of these attached). The history of the lanlord tenant relationship; On Oct. 7, 2019,T Samantha Hunter the Social Worker for St. Vincent DePaul, Veterans and Familes first Program and I met with Trey, an agent for Midwest Acquisition & Mgmt. to veiw the apartment at 204 Heaton Ave. The place needed cleaned and repairs were needed. During the showing, the agent made no reference to multiple code violations on several of the things discussed needed repaired. Before I signed the lease, Trey assured us that the cleaning and repairs would be done before moving in the weekend of OCT,12, 2019. Nothing had been done when I moved in and I had to clean the entire house before moving any of my things in. Twelve days after moving in I followed the instructions in my lease and put in maintenance requests for several of the majot things needing repaired. (See Attached Maintenace requests) On October 29, 2019, the basement steps came free from the wall , there is no handrail , and I fell to the bottom of the stairs. I went to Miami Valley Hospital and got a cast on my arm. When I got home I called Midwest and spoke to Brad Millward. When i told him what happened , he asked me what I was doing going in the basement, and after I explained that is the common area where my washer and dryer are. He said he still didn't understand why I was going in the basement, being rude and acting ignorant, so I said goodbye, and have never spoke to him on the telephone since. I didn't understand that question., or his attitude. On or about the 1st of November, 2019, Douglas Higa came to my door identifying himself as Head of maintenance, then Head of Security, and part owner of the company, very arrogant, rude and insulting saying that they had no idea when or where I broke my arm, how do they know when or where I broke my arm? He was acting very creepy, like he was under the influence of alcohol or drugs. Insinuating that I faked breaking a bone, or did it somewhere else. November 2nd, Ferdinad , a maintaenance man for Midwest stopped buy in the morning and asked if he could look at what needed to be fixed. We had a respectful interaction and I explained to him that because of Brad and Dougs rude and suspicios behavior, everything would have to be done according to Ohio Revised Code and the 24 hour notice would have to come by mail pointing out that the use of an internet portal for maintenance was also not legal. After he left, the neighbor knocked on the door to tell me that a notice was on the door. I called Midwest and left a message that the notice wasn't proper, and coming in on a Sunday was not going to happen. Sunday, November 3, 2019, Doug, Ferdinand, some big guy, an Armed security guard , and a man and wife with a child knocked on the door at 1:39 pm Sunday afternoon, Iwas laying downnot feeling very good and arm was hurting. When I opened the door the big guy says they're here to fix all of the things that were supposed to be fixed before I moved in and got hurt.I told them that the notice wasn't compliant with ORC 5321, I didn't feel good , and besides Sunday is not a reasonable day to bother people. They said a bunch of rude stuff and I said, go in the basement, that's where the main problem is. They all went in the basement and it took six people six hours to fix five steps which code enforcement issued another violation for using scrap woods off of the floor of the basement and not installing a handrail. . Two days later, Brad Millward knocks on the door and hands me a Lease Termination Letter (attached 1d) And he uses a reference to an unspecified "revised code" which could possibly be bits and pieces of different sections of the Ohio Revised Code to make it fit his agenda and appear legitimate. Also on 11/07/2019 he gave me one of many 3 day notices to vacate with the incorect amount of rent due as signed into under the lease,(see att.1e,f,g) none of the 3 day notices have an amount that matches with the lease agreement or match each other in the amount due. Subsequently failing to correspond with the claim for monetary damages in the case. Brad Millward refuses to take responsibility for my injuries. He is rude, threatening, and nothing short of a liar.They have been trying to bully their way into my apartment to make the repairs oblivious to the landlord-tenant laws, With a selective system of using the law to harass and bully tenants, while systematically breaking the very laws they use and quote. Defendant moves this court to Dismiss this frivolous civil action with prejudice as a matter of law in respect of the evidence on the face of the record , the evidence presented in the defendant response has shown Landlord did not terminate tenancy properly with acceptance of rent after notice to quit without notification the tenant immediately that it is for "use and occupancy," receiving multiple, invalid 3-day notice to quit for non-payment of rent with incorrect amounts. Bad Housing Conditions the landlord was aware the violations to the state building code and Failed to disclose before signing of lease, and has done nothing to correct the conditions. And has also shown that the complaint was a frivolous, retaliatory action,for exercising activities protected by law , maliciously presented , defrauding and manipulating the justice system for personal gain. *Fraud upon the court is a criminal act where by the court is impaired in the impartial performance of its task. In the U.S. fraud upon the court is usually done by an officer of the court. The following is an example of a case law defining fraud upon the court: Fraud upon the court embraces only that species of fraud which does or attempts to, defile[s] the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery cannot perform in the usual manner its impartial task of adjudging cases that are presented for adjudication.[Appling v. State Farm Mut. Auto. Ins. Co., 340 F.3d 769, 781 (9th Cir. 2003)]*
I'm a disabled vet that had to write and file this response in Ohio due to the inability find legal aid. A point worth mentioning about Florida at least in Lake County is I had filed a small claim against my landlord for repairs made and not paid for. My $1750, in escrow and response filed, mediation failed, and was waiting for the notice of the hearing to come by certified mail when the Lake County Sheriff knocked on the door at 7:30 am giving me 24 hours to vacate. They actually let the landlord send the notice. And I was online asking lawyers on different sites including legal aid and they all thought it came certified from the clerk.Judge Neal told me after I was made homeless by that law, that they were in the process of changing the law. That was Dec.of 2018 and they still haven't changed the law. And being in a fixed income bracket of disability has caused me to have four slumlord landlords in a row, the house before this, the landlord was doing the same as this one and code enforcement got tired of it and condemned the place giving me 7 days to find this place which should've been condemned a long time ago. I wrote all of the condemned litigation for the same reason and prevailed. I wish I had the luxury of knowing this response shared above was the reason for the continuance.
The landlords wait until the time period ends THEN THEY SCREW US
I would still move. The management company will now make her life living there a living hell in an effort to make her move out on her own since now any attempt to evict her short of nonpayment of rent or illegal activity will severely scrutinized and if even a hint of impropriety is found, they could and likely would get sued with a good chance of the tenant winning.
Same idea if you get fired from a job for a clearly illegal reason and the company who fired you is ordered to reinstate you. Short of someone heinous being fired again is off the table due to the potential consequences win or lose so they make your life a living hell short of crossing the "Hostile Work Environment" and "Constructive Discharge" lines to make you quit on your own
In Australia I won against a RE, and the Registar warned STERNLY that the LL could be fined HEAVILY if he harrassed me in ANY manner
@@kerrijohnstone7588 I'm sure he'd find a way or tried to that didn't run afoul of the law
I doubt they will make her life difficult, based on her going to the media like she did, because if they do, as you say, make her life hell, she can easily contact the media, and they will broadcast it, like this.
Yep, if
Yeah if I was an owner in that situation I would absolutely fire my property management company for being incompetent.
As a tenant I can also agree with you that the property management company really does suck balls they took me to court for no reason - literally. The judge didn't like that. Good news, I won.
My land lord has refused to fix my air conditioner and it get up 84 degrees in here with this windows unit I bought. Then today he sent a notice that I had 30 days to move out or take me to housing. I don't know what to do.
likely illegal sicne itg is HIS responisblility to ensure the place is livable.
@@Revkor fight it. Worst that can happen is the judge granting possession. In the meantime it buys you time to find a place somewhere else as until the judge rules, you stay where you're at and even after he or she rules, until you are formally served by a process server or law enforcement you stay and until said eviction order is carried out by law enforcement, then and only then you must leave.
In Australia I won against my Landlord on a Retaliatory Eviction
The justice court judge violated my right to speak in court he didn't let me or my attorney speak
I have been cleaning , but it wasn't good enough.
It’s better to rent from a individual/ private owner.
By day 3 the local news was involved? What?
Can a landlord lock my hired car from intering property at lockdown time and its not leaking or any of that
Oh so instead of giving her a new 12 month lease they gave her a one month lease? Isn’t that still retaliation??
Unfortunately what this landlord is doing is not illegal in Florida. He two year lease is almost up. So it's going to hard to prove otherwise.
I had no hot water since April I reported many times to landlord and maintenance they didn't seem to think it was an emergency emergency Intel I was sick and under doctor's care and couldn't even get out of bed then they scheduled a plumber he showed up at 5:30 I was already in bed I told him that business hours were until 4:30 and to please call me in the morning I was written up for not allowing emergency access the next morning they called me from a undisclosed number and I did not answer so they brought me up again for another emergency access violation and gave me an eviction notice I'm in Mississippi and Water Valley and it is illegal I've got to be out by the 16th of December
Why would you want too stay were you treated like that there has too be better places too live in her budget why do you need heat in Florida it bloody hot 8 months out the year still they should fix major problem s
Do you think people enjoy moving?
Yes, everyone has somewhere to go and money for deposits and rent, homelessness and poverty does not exist if one has been harassed
Help me I am being illegally evicted in the coming days. Sitting here crying.
All evictions are legal.
My landlord jist gave me an evictuon yesterday for this same reason
Dude rented me a termite infested unit from the start and never would take it seriously when i repoerted it to him
Told him he rented me a lemon and id be contacting health department and my lawyer
Then yesterday he shows up woth the letter and doesnt tell me the reason for it.
He just said, "Oh its little things little things"
no heat call...24 hours.....no hot water 48 hours...that is industry standard for someone to respond.
But someone could have at least returned her call within an hour, and give an ETA on the resolution. I had a compressor go out in my a/c and maintenance put a "jumper" on it to bypass the circuit breaker. They deemed it resolved but by the weekend the compressor was dead totally. I had to go a whole weekend without air. They finally replaced the entire outside unit the following Tuesday. Should have been resolved before Sunday night. This "industry standard" is bullshit!!
The Baltimore county police department illegally entered my apartment. Once inside they put a gun to my head and threatened my life. Then they left without giving me any reason or paperwork.
THIS IS B.S.!!!!!
That complex needs a better property management company or the Landlord needs more education. Retaliation is part of landlord 101. Why are people's still doing that? Did this guy ever so a 5 seconds Google search?!
DEFENDANT RESPONSE:
The Defendant responds to this action as follows; I disagree with every word in this Complaint. It is a complete fiction. There is absolutely no evidence whatsoever to support any of the allegations in the complaint. ,This is another of a long list of retaliatory actions, a campaign launched by the personell at Midwest after notifying Brad Millward of myself getting injured on October 29, 2019. The Attachments to this Response will give sufficient rise necessary under Fed. R. Civ. P 9(b) to confirm the Midwest Management Teams overt propensity to prevericate, deceive and misrepresent the facts to the level of *Fraud Upon the Court. it will also show that they are judically cognizant , and willfully defrauding the court.
It is not known if Plaintiff Counsel is aware of the fraudulent presentation of this case. By omitting the fact that the non-payment of rent is due to Midwest Acquisition & Management team refusing my rent check, and holding my December Check for almost a month without cashing it, *(See attached 1A) and sending it back to me as I was about to send out the January rent check.This shows the Management and Partners at Midwest Acquisition & Management Team For Ted Greenwood are judicially cognizant that they are engaging in Fraud upon the Court. In regards to the the false statement that I have been refusing to surrender the property, to date I haven't recieved a proper 3 day notice to vacate, with a correct amount due, and a legitmate reason for the notice. Notice to vacate with an incorrect amount due is in violation of ORC.5321.05. the entire set of events surrounding this eviction and the eviction itself is part of a campaign of retaliatory actions commited by Brad Millward, Douglas Higa. directly related to the plaintiffs reckless endangerment of of health created by ignoring Code Enforcement violations issued for the horrible, unsafe condition of the property, not disclosed to me before I signed the lease,and the subsequent injury on Oct. 29, 2019. The 3 notices to vacate, my lease, Midwest Acquisitions' accounting ledger of my payment history, and this complaint all have different amounts due as well as different rent payment amounts. (see all of these attached).
The history of the lanlord tenant relationship;
On Oct. 7, 2019,T Samantha Hunter the Social Worker for St. Vincent DePaul, Veterans and Familes first Program and I met with Trey, an agent for Midwest Acquisition & Mgmt. to veiw the apartment at 204 Heaton Ave. The place needed cleaned and repairs were needed. During the showing, the agent made no reference to multiple code violations on several of the things discussed needed repaired. Before I signed the lease, Trey assured us that the cleaning and repairs would be done before moving in the weekend of OCT,12, 2019. Nothing had been done when I moved in and I had to clean the entire house before moving any of my things in. Twelve days after moving in I followed the instructions in my lease and put in maintenance requests for several of the majot things needing repaired.
(See Attached Maintenace requests)
On October 29, 2019, the basement steps came free from the wall , there is no handrail , and I fell to the bottom of the stairs. I went to Miami Valley Hospital and got a cast on my arm. When I got home I called Midwest and spoke to Brad Millward. When i told him what happened , he asked me what I was doing going in the basement, and after I explained that is the common area where my washer and dryer are. He said he still didn't understand why I was going in the basement, being rude and acting ignorant, so I said goodbye, and have never spoke to him on the telephone since. I didn't understand that question., or his attitude. On or about the 1st of November, 2019, Douglas Higa came to my door identifying himself as Head of maintenance, then Head of Security, and part owner of the company, very arrogant, rude and insulting saying that they had no idea when or where I broke my arm, how do they know when or where I broke my arm? He was acting very creepy, like he was under the influence of alcohol or drugs. Insinuating that I faked breaking a bone, or did it somewhere else.
November 2nd, Ferdinad , a maintaenance man for Midwest stopped buy in the morning and asked if he could look at what needed to be fixed. We had a respectful interaction and I explained to him that because of Brad and Dougs rude and suspicios behavior, everything would have to be done according to Ohio Revised Code and the 24 hour notice would have to come by mail pointing out that the use of an internet portal for maintenance was also not legal. After he left, the neighbor knocked on the door to tell me that a notice was on the door. I called Midwest and left a message that the notice wasn't proper, and coming in on a Sunday was not going to happen.
Sunday, November 3, 2019, Doug, Ferdinand, some big guy, an Armed security guard , and a man and wife with a child knocked on the door at 1:39 pm Sunday afternoon, Iwas laying downnot feeling very good and arm was hurting. When I opened the door the big guy says they're here to fix all of the things that were supposed to be fixed before I moved in and got hurt.I told them that the notice wasn't compliant with ORC 5321, I didn't feel good , and besides Sunday is not a reasonable day to bother people. They said a bunch of rude stuff and I said, go in the basement, that's where the main problem is. They all went in the basement and it took six people six hours to fix five steps which code enforcement issued another violation for using scrap woods off of the floor of the basement and not installing a handrail.
.
Two days later, Brad Millward knocks on the door and hands me a Lease Termination Letter (attached 1d) And he uses a reference to an unspecified "revised code" which could possibly be bits and pieces of different sections of the Ohio Revised Code to make it fit his agenda and appear legitimate. Also on 11/07/2019 he gave me one of many 3 day notices to vacate with the incorect amount of rent due as signed into under the lease,(see att.1e,f,g) none of the 3 day notices have an amount that matches with the lease agreement or match each other in the amount due. Subsequently failing to correspond with the claim for monetary damages in the case. Brad Millward refuses to take responsibility for my injuries. He is rude, threatening, and nothing short of a liar.They have been trying to bully their way into my apartment to make the repairs oblivious to the landlord-tenant laws, With a selective system of using the law to harass and bully tenants, while systematically breaking the very laws they use and quote.
Defendant moves this court to Dismiss this frivolous civil action with prejudice as a matter of law in respect of the evidence on the face of the record , the evidence presented in the defendant response has shown Landlord did not terminate tenancy properly with acceptance of rent after notice to quit without notification the tenant immediately that it is for "use and occupancy," receiving multiple, invalid 3-day notice to quit for non-payment of rent with incorrect amounts. Bad Housing Conditions the landlord was aware the violations to the state building code and Failed to disclose before signing of lease, and has done nothing to correct the conditions. And has also shown that the complaint was a frivolous, retaliatory action,for exercising activities protected by law , maliciously presented , defrauding and manipulating the justice system for personal gain.
*Fraud upon the court is a criminal act where by the court is impaired in the impartial performance of its task. In the U.S. fraud upon the court is usually done by an officer of the court. The following is an example of a case law defining fraud upon the court:
Fraud upon the court embraces only that species of fraud which does or attempts to, defile[s] the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery cannot perform in the usual manner its impartial task of adjudging cases that are presented for adjudication.[Appling v. State Farm Mut. Auto. Ins. Co., 340 F.3d 769, 781 (9th Cir. 2003)]*
I'm a disabled vet that had to write and file this response in Ohio due to the inability find legal aid. A point worth mentioning about Florida at least in Lake County is I had filed a small claim against my landlord for repairs made and not paid for. My $1750, in escrow and response filed, mediation failed, and was waiting for the notice of the hearing to come by certified mail when the Lake County Sheriff knocked on the door at 7:30 am giving me 24 hours to vacate. They actually let the landlord send the notice. And I was online asking lawyers on different sites including legal aid and they all thought it came certified from the clerk.Judge Neal told me after I was made homeless by that law, that they were in the process of changing the law. That was Dec.of 2018 and they still haven't changed the law. And being in a fixed income bracket of disability has caused me to have four slumlord landlords in a row, the house before this, the landlord was doing the same as this one and code enforcement got tired of it and condemned the place giving me 7 days to find this place which should've been condemned a long time ago. I wrote all of the condemned litigation for the same reason and prevailed. I wish I had the luxury of knowing this response shared above was the reason for the continuance.
Thank You