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TenantNet Forum Archives 1996-2002
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RE: Illegal Eviction

Posted by JoAnn Skains on June 13, 1996 at 18:54:58:

I wrote to you (tenant net ) awhile back when in dire need of
help reguarding landlord / tenant issues. At the time I had
just recently experieced what I know now to have been an ill-
egal evition. Taking your advice I tried to do the measures
you described, however I did them to no avail.The local sheriff's
dept refused to press charges on my landlord for illegal break-
ing and entry & illegal detainer. So I then tried to get my
attorney to pursue the matter, so he filed suit 4 counts total
which are: count I Unlawful Eviction, Count II Trover & Conver-
sion, Count III Replevin, & count IV Breach of Lease. Since
suit was first filed on April 30th, an additional suit has been
added I'm not sure what it's called but it is because in the
time waiting the man has yet to produce me an itemized statement
of how he spent my deposit. The last suit my attorney was some
what reluctant so I dropped the matter until the days hence
well exceeded the time required by state law, which in Missouri
is 30 days , I gave him 60. After the illegal eviction on April
6th,1996, I was finally able to get my belongings from the rental
unit on June 7th, 1996. However on that date my attorney informed
me that his firm would require an additional 1000 to remain on
my case. And also that my account was also past due, which I
had no idea it had exceeded my first retainer of five hundred,
by an amount of 227. He also went on to say that hence knowing
our current situation he would withdraw from our case. Since he
really didn't feel we had much to go on. There was never an
eviction filed. The locks were changed, I never got a key. I
filed suit, which according to Missouri statutes means he can
not argue that the tenant owes back rent or is causing damage,
or that their lease says that the landlord can evict without
going to court. I presented that to my attorney yet he's
reluctant to disscuss the issue until I pay up. I have the
money to take but wonder if I should get a more secure
attorney, at least one that believes in me. Any info would
be appreciated!
Thanks in Advance,
Jo Ann Skains

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