Posted by Elise Miller on August 25, 1996 at 23:10:00:
1) Retaliatory defense problems,
My attorney is trying to win my case on technical problems (traverse). not on merits.
He says because I notified the landlord first with my repair complaints and told landlord I'd take him to court when he refused,
then the landlord served a 30-day preliminary eviction notice, that retaliatory defense is inappropriate.
That I have to have filed with a government agency first, even though I was told by that government agency to inform my landlord first.
2) 30-Day Tenant or Lease
I began my tenancy with a lease and always made known my intention for a lease,
the landlord always saying he would give me a lease and I could live there as long as I like
(this is witnessed), but he never did.
Doesn't the intention and the fact that the landlord never verbally rejected me stand for anything?
3) I won the HPAction against the landlord (it cost me $1250 in legal fees + my time). As the prevailing party
shouldn't I be able to get the fees paid. My attorney says I won't get them. Yet he is the one
who asked to take the HPAction with the Holdover Proceeding, that they were the same case.
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