I am a single mother of 3, I am currently not working and have filed for disability, so i am financialy strapped. I filed a Tenant/Land lord law suit in Newton County(me being the Plantiff)I am in Cobb County and had to represent myself because legal aid lost my file and I lost, due to not having an attorney!!! But I have filed an appeal, they had until Dec 31 to get their evidence and he has requested a jury trial and I NEED an attorney badly.
I think it would only be for a days work, I have everything ready, just need to show you all the documents...The original suit was for $15,000...Now it's going to the Supreme Court, with a jury trial, so I think we can raise it. PLEASE,PLEASE,PLEASE, someone help!!! I don't care how much experience you have, I just need someone in the legal field...We will win this case!!! Just let me show you the evidence, you'll see!!!
Here is my appeal letter:
On June 24, 2003 my home flooded while I was at work, I was not at fault (Park management & Landlord had trailer moved due to poor drainage, moving company did not move pressure regulator), landlord made me move out in 1 day for Insurance company to come (I later found out it was only a cleaning service). Landlord, never let me come home and didn't return $2000 deposit. Myself and 3 kids left homeless, $$$ thousands in furnishings ruined, Uhaul & Storage costs, etc. Case taken by legal aid but they misplaced file etc, demand letter was sent out in Sept 2003, landlord ignored it. I Filed suit on my own in June 2007, case has just been decided against me. My landlord has made accusations that are false, he claims i was behind on rent yet he never gave me any notices and did not file a dispossessory warrant and has no proof of any of his statements. He showed pictures of my home after the move of my trailer on April 14th,2003, claiming i kept my home a mess and was in breach of my lease, in which i can prove otherwise. He basically did a Self-help eviction by freezing me out of my home. And by law Self-help actions by landlords without dispossessory is a tort for which tenant may recover damages (trespass, assault, battery, slander or libel, intentional infliction of emotional distress, and wrongful eviction). [OCGA 44-7-14.1]. The only time you can make a claim against the Landlord is when the destruction of your property is a result of the intentional negligence of the landlord. The landlord can be held accountable if it was due to their negligence (He had trailer moved, not pressure regulator). I feel judge made errors in inforcing the law when he made this judgment, he also did not look at or take any of my evidence (police report, receipts etc...) He asked the opposing council if he saw a reason to have closing arguments and i was not allowed to give mine.
Georgia Laws
1.) [OCGA 44-7-50]
A demand for possession must be made before a dispossessory warrant
may be filed. The demand may be verb al or in writing
An agreement by a tenant to vacate the premises does not eliminate the
necessity of demanding possession
Landlord may legally remove a tenant and his/her property from rented
premises only under the dispossessory procedure set forth in OCGA 44-7-50
2.) [OCGA 44-7-33]
In the event that actual cause exists for retaining any portion of the security deposit, the landlord shall provide the tenant with a written statement listing the exact reasons for the retention thereof. If the reason for retention is
based on damages to the premises, such damages shall be listed as provided in When the statement is delivered, it shall be accompanied by a payment of the difference between any sum deposited and the amount retained. The landlord shall be deemed to have complied with this Code section by mailing the statement and any payment required to the last known address of the tenant via first class mail. If the letter containing the payment is returned to the landlord undelivered and if the landlord is unable to locate the tenant after reasonable effort, the payment shall become the property of the landlord 90 days after the date the payment was mailed. Nothing in this Code section shall preclude the landlord from retaining the security deposit for nonpayment of rent or of fees for late payment, for abandonment of the premises, for nonpayment of utility charges, for repair work or cleaning contracted for by the tenant with third parties,
for unpaid pet fees, or for actual damages caused by the tenant's breach, provided the landlord attempts to mitigate the actual damages.
(b) The failure of a landlord to provide each of the written statements within the
time periods specified in Code Sections 44-7-33 and 44-7-34 shall work a forfeiture of all
his rights to withhold any portion of the security deposit or to bring an action against the
tenant for damages to the premises.
(c) Any landlord who fails to return any part of a security deposit which is
required to be returned to a tenant pursuant to this article shall be liable to the tenant in
the amount of three times the sum improperly withheld plus reasonable attorney's fees;
provided, however, that the landlord shall be liable only for the sum erroneously withheld
if the landlord shows by the preponderance of the evidence that the withholding was not
intentional and resulted from a bona fide error which occurred in spite of the existence of
procedures reasonably designed to avoid such errors.
Call Ivy 770-899-7484 between 8am - 11pm or email poisonivy_30319@yahoo.com
(And Please no one from Pre paid legal contact me, because one of your reps already scammed me!!!)
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