Questions to ask in court....

[Giggles]

but according to the judge...standard Landlord/tennant laws do not apply to my situation and he gave judgement to the jerk :-(  He can kick me out whenever...he said he wasn't going to...but he got mad at me on Saturday and said that "I'm just going to do what I have to do....even if it makes me the bad guy"...sigh

BUT on the good news...I have a contract for a house and if need be I may be able to move in prior to settlement!!

[socrateaser]

>but according to the judge...standard Landlord/tennant laws
>do not apply to my situation and he gave judgement to the jerk
>:-(  He can kick me out whenever...he said he wasn't going
>to...but he got mad at me on Saturday and said that "I'm just
>going to do what I have to do....even if it makes me the bad
>guy"...sigh
>
>BUT on the good news...I have a contract for a house and if
>need be I may be able to move in prior to settlement!!

Well, that's a ruling that I would not have contemplated. You're at least a person who remains on the property at the will of the landowner. Legally, this is called a "tenancy at will," and if you're a tenant, then you are entitled to one month's notice, from the date upon which the landowner determined to have changed his/her "will" as to your right to possession of the property. You are also entitled to appeal the district court judge's ruling to the circuit court, but, there are some required costs and fees that you may not want to incur in order to make such an appeal.

If you want to appeal, let me know, although, I can't imagine why you'd want to remain with your friend any longer than you must.

[socrateaser]

People who come here for help don't often come back and tell me that they lost, unless I tell them that they're gonna lose, beforehand. In fact, I can count the number of times I've been compelely wrong on one hand -- at least as far as this forum goes).

So, if you happen back here again, I'd appreciate it if you would tell me exactly what happened, and especially, exactly what you told the judge.

As far as I can tell, the court determined that you weren't a tenant, and so your bf could evict you without notice. This ruling is nonsensical, because the only alternatives to being a tenant is either you are a "guest," i.e., someone who has paid no consideration in exhange for permission to remain on the premises, or you are a trespasser, i.e., someone who never had permission to be on the premises. You've been living in the house for a long time with permission, so you're no trespasser, and you pay for utilities, groceries and you help maintain the premises, so you are no guest.

What's left then is that you are a "tenant." No other option exists (except that you're an owner, which as I've said, you would need to plead in a separate court action), and therefore I am completely without any explanation for the court's ruling, except that the judge is playing God, instead of interpreting law. And, that really disturbs me, quite a bit.

Also, my ego is smarting.

[Giggles]

Your advice to people is facinating and I remember you from the old DNet days :-)

As for what I told the judge, I memorized what you suggested I say and that is what I testified to...almost word for word.  That I had never received formal notification, that he and I had an agreement that he pays the mortgage and I paid the rest of the bills and that we had lived there for over 2+ years.  The judge said, he asked you to leave and you haven't, you need to leave and may I suggest you get a lawyer, that standard Landlord/tennant laws do not apply in this case.

So...I still have until Thursday to appeal the judges decision, but that would require funds and possibly even a lawyer :-( Sadly I just don't have the money at this time due to trying to buy a home.  I have spoken to him and I think he will give us until June 30th especially after what my daughter said to him yesterday.  When he and I met, my daughter was only 10 months old, he's been the only father figure in her life and now that she is almost 6 y/o, she calls him Daddy and has for some time now.  Yesterday, she went to him crying about us having to leave and how she didn't want to leave without him.  I could see that this visably upset him.  So perhaps now he realizes that the things he's inflicting on me are having adverse effects on my children???

[socrateaser]

>Your advice to people is facinating and I remember you from
>the old DNet days :-)
>
>As for what I told the judge, I memorized what you suggested I
>say and that is what I testified to...almost word for word.
>That I had never received formal notification, that he and I
>had an agreement that he pays the mortgage and I paid the rest
>of the bills and that we had lived there for over 2+ years.
>The judge said, he asked you to leave and you haven't, you
>need to leave and may I suggest you get a lawyer, that
>standard Landlord/tennant laws do not apply in this case.

Harumpf! Well, from everything I can find about MD Landlord-Tenant laws, the judge is just plain wrong in his decision. But, it's his decision, so you're stuck unless you appeal. Anyway, I wish I had some other answer for you, but just I don't see any.

[true]

Dear Soc,

I wanted to say "Thank you" for having a search engine that allowed me to find this thread. I was able to find it only yesterday but it did indeed help my very similar situation.

I went to court today just as the above person did. The outcome was not the same as the other persons. The judge is currently taking all evidence presented under advisement. Both parties have one week to include any additional information. (I am still confused)

I followed the advise that you gave the person to a "T".

My ex asked for our removal by 6pm tomorrow and for me to pay for all legal fees incurred by him.

It is my understanding that the judge was sure that I am not entitled to our home but that its possible that I may be entitled to a percentage from the sale of our home.

So now I have five days to go over the material presented and potentially submit additional info to the court and his atty.

This thread helped from having a parent and two children removed from there home by 6pm tomorrow. I am not sure that he will be awarded his legal costs but I did ask for that not to happen.

Thanks again,
true

[socrateaser]

.

[Giggles]

Talk about dragging up old memories.

I will keep you in my thoughts and prayers that you prevail.  I may not have won this court case, but in the end I came out WELL ahead!!  

On the day I moved out (which btw was July 2nd), he was left with nothing but the shell of the house...every stick of furniture in that house was mine...he didn't even have a bed to sleep on.  Also since I purchased all the food...I took it all too...hehehe

The one thing to remember in all of this...Living well is the BEST revenge.

Good Luck!!

ps...Soc is brilliant and I trust him 100%