Retaliatory Eviction - Holdover proceedings

[privremeno]

My landlord and I go back couple years ago. At first, I was introduced to him when he was working as IT manager for one of my client. I am programmer working from home. I am married with two kids.

Last year I completed couple of projects for that client. Landlord demanded meeting where he informed me that he worked hard helping me to get these two projects and that he deserve payment for his time. I paid him large sum of money and I never look back.

In February of 2006 he informed me that he is leaving the client and would like to work with me, since he has good business contacts that can bring us lot of projects. Also that he was buying a new two-family house and would be a good idea if we live in the same house since we would be working together on projects.

I was strait forward and told him that my budget is limited and I can afford $1500 a month, but he assured me that he would bring at least $500,000 in projects in the next 6 months. So, I moved in the March 1, 2006.

Two weeks later, I was approach by landlord with a new proposal. He was in position of some customers related data and he asked me to find a buyer for it. I refused to even discuss this issue since it was something I would not get involved with. Couple days later he started working as a IT manager for another large company and he approached me again with some internal company data (proposals) and ask me to submit my bid and he would help me get the project. Again, I respectfully declined his offer, because I didn't feel comfortable with such deal since obviously he was expecting to be paid again.

So, to get even with me, and through his business contacts, I lost his previous employer as a client. Since that was my main source of income I was unable to make rent payment for two months. He started holdover proceedings claiming that I did not pay 4 months rent. I did pay my rent cash and surely I never received single rent receipt.

Also, couple days after I was served with 30 days notice, he got loud and verbal with me and at one moment he pushed me against stair rails. I called 911, but police didn't want to get involved, because supposedly this is landlord/tenant matter. I do have evidence of 911 call.

Couple weeks ago, and all of a sudden, we were without lights, which he restored 30 min later. The same day earlier he come over and took DISH-Network box which was also part of my rent. Next day one DVD players and one 14” TV suddenly died. Following day, my 32” Sony TV lost some colors and hasn't been working correctly since. The same day my SDSL line went down and still not working. Strange coincidence.

I appeared on the first holdover hearing. I ask for adjournment and I got two weeks only. Next scheduled hearing/trial is set for December 6.

I am good programmer, linux/windows server administrator, but I am not to familiar with housing law. I do know little from my previous job, but not enough to defend myself properly. I am aware that eventually I would need to move out, but I want to vigorously defend myself regarding amount of rent owed and to get as much time as permissible until I am able to find a job so that I can afford a new apartment.

Any advise would mean lot to me and my family. At the moment I can't afford the Lawyer, but I am willing to offer my knowledge and services in exchange for good representation.

[JJ's]

I am not a lawyer and so please take this advice from that perspective.

First of all, do you have a written lease at all?

From what I can see, you are in a really bad situation with this LL. You have kids - and this complicates the matter because it seems to me they should be the priority here - the disruptions that you are describing will end up affecting them sooner or later. Your matter with the LL may drag on for a while and the fact that he turned physically violent doesn't look good at all- your kids don't need this on their plate. The LL seems to be a bit of a crook - don't be surprised that he may try to outright lie when it comes down to it.

So - personally, I would direct my efforts first towards finding a new place. This takes a while - so I would say it is a priority here. This LL is not only your LL, but is also mixed in your professional business, which is where you derive your income from - because of that he has a lot of power over you and the sooner you diminish this power, the better.

Hopefully someone with the adequate legal knowledge will answer your posting to direct you further.