Complicated eviction situation

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Complicated eviction situation

Posted by Dave on November 01, 1999 at 22:32:53:
Hello, this briefly is a description of the situation, and I have been able to phone talk with 2 lawyers, and Legal Aide in my state (PA). I have received varying opinions advice and laws quoted.
Also, I would appreciate anyone being bale to tell me if there is a website, that covers both federal and PA laws.
Event 1
Oct 10, after returning from a private club, and receiving a disturbing phone call from a former roomate's friend, there was a disturbance at my home (I lost my cool). The police arrived and demanded entrance, I refused and they basicaly shoved their way inside, not allowing me to close the door.
I believe the police illegally seacrhed my apartment and allegedly found 2 pot plants growing in the bedroom "in plain view" which was not the case. Under the influence they searched most of the house and some of the basement, handcuffed me and took me to City Hall, where 4 hours later they coerced into signing a consent to search (AFTER they already siezed the items).
There was what amounted to some minor damage inside the apartment, that was promptly repaired (LL is claiming $600) with NO estimate.
Event2
Oct 25 After making payment arrangements, that were agreed to with an in person witness
Event 3
LL filed for eviction based on absurd damage estimate, (a single pane window, interior door, rotted out garage door, and kitchen cabinet panels knoecked out, but replaced)
Also under eviction complaint was the alleged charges and arrest.
Questions/Facts
1. The same magistrate that arraigned me for the arrest, is the magistrate for the LL hearing. Can I have her removed?
2. Previous agreeents for the total of $270 back rent were made, again with a witness present. I provided her with a statment of debt from a place I did computer services for, that is $390.
3. The alleged charges are not a conviction, and not even a preliminary hearing has been held. Can she evict on those grounds?
4. I agreed to a 1 yr lease at $495/mo. and she did not give any prior "Notice to quit" or revoke lease.
5. LL has never provided a copy of the lease in writing (7 mos)
6. My hearing is on the 8th and full payment can be made within that same week, is that still grounds for eviction if I don't have full payment on Nov 8th?
7. I have a $70 receipt for yard trash removal after she promised to have it removed following extensive tree trimming, but she never did. Can I deduct that?
8. I can show on receipt a $100 mistake, a month or so ago, making total delinquent balance only $100. Can I deduct that?
9. What are my chances, odds, and legal rights, in this matter?
10. I have foreign electrical circuits that are on 1 of 2 meters. I have been paying an amount of electric which seems excessive, (avg $35/mo 1 person apartment) but have not seen any bills. Where do I stand on this?
I have been a good and faithful tenant, and repaited, 75% of the apartment (I have pics of entire place), landscaped a small backyard, and trimmed a large tree, free of charge (App $1000 or work). Does any of this get taken into consideration, as far as being a good tenant?
I am currently out of work, but have paid at least 90-120% of rent every single month since being here. I really like this apartment, and have done a lot of work to make it my home, and do not want to leave! Thank you all for ANY help or guidance you can give me.

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Comments:
: Hello, this briefly is a description of the situation, and I have been able to phone talk with 2 lawyers, and Legal Aide in my state (PA).  I have received varying opinions advice and laws quoted.
: Also, I would appreciate anyone being bale to tell me if there is a website, that covers both federal and PA laws.

: Event 1
: Oct 10, after returning from a private club, and receiving a disturbing phone call from a former roomate's friend, there was a disturbance at my home (I lost my cool).  The police arrived and demanded entrance, I refused and they basicaly shoved their way inside, not allowing me to close the door.
: I believe the police illegally seacrhed my apartment and allegedly found 2 pot plants growing in the bedroom "in plain view" which was not the case.  Under the influence they searched most of the house and some of the basement, handcuffed me and took me to City Hall, where 4 hours later they coerced into signing a consent to search (AFTER they already siezed the items).
: There was what amounted to some minor damage inside the apartment, that was promptly repaired (LL is claiming $600) with NO estimate.

: Event2
: Oct 25 After making payment arrangements, that were agreed to with an in person witness

: Event 3
: LL filed for eviction based on absurd damage estimate, (a single pane window, interior door, rotted out garage door, and kitchen cabinet panels knoecked out, but replaced)
: Also under eviction complaint was the alleged charges and arrest.

: Questions/Facts
: 1. The same magistrate that arraigned me for the arrest, is the magistrate for the LL hearing.  Can I have her removed?
: 2. Previous agreeents for the total of $270 back rent were made, again with a witness present. I provided her with a statment of debt from a place I did computer services for, that is $390.
: 3. The alleged charges are not a conviction, and not even a preliminary hearing has been held.  Can she evict on those grounds?
: 4. I agreed to a 1 yr lease at $495/mo. and she did not give any prior "Notice to quit" or revoke lease.
: 5. LL has never provided a copy of the lease in writing (7 mos)
: 6. My hearing is on the 8th and full payment can be made within that same week, is that still grounds for eviction if I don't have full payment on Nov 8th?
: 7. I have a $70 receipt for yard trash removal after she promised to have it removed following extensive tree trimming, but she never did.  Can I deduct that?
: 8. I can show on receipt a $100 mistake, a month or so ago, making total delinquent balance only $100.  Can I deduct that?
: 9. What are my chances, odds, and legal rights, in this matter?
: 10. I have foreign electrical circuits that are on 1 of 2 meters. I have been paying an amount of electric which seems excessive, (avg $35/mo 1 person apartment) but have not seen any bills.  Where do I stand on this?

: I have been a good and faithful tenant, and repaited, 75% of the apartment (I have pics of entire place), landscaped a small backyard, and trimmed a large tree, free of charge (App $1000 or work).  Does any of this get taken into consideration, as far as being a good tenant?
: I am currently out of work, but have paid at least 90-120% of rent every single month since being here.  I really like this apartment, and have done a lot of work to make it my home, and do not want to leave!  Thank you all for ANY help or guidance you can give me.


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