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Posted by Elise Miller on August 25, 1996 at 23:11:22:

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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Comments:
: 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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