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PDF Editor FAQ

What is the most common legal mistake that attorneys see laypeople make?

Not hiring an attorney at the outset.Standard Forcible Entry and Detainer action:The landlord wants to evict the tenant. They look up a sample form online, print it out, fill in the blanks and post it on the door/ mail it. They think they’ve saved themselves hundreds by not hiring an attorney to do it.The tenant does not vacate on time. The landlord shuts off the water a few weeks later thinking this will drive the tenant out.Fast forward two weeks later in F.E.D. Court. The judge throws their case out because they forgot to include statutorily required language in their notice to quit. They are not awarded possession of the premises. Additionally the judge awards the tenant several times the value of rent because the landlord breached the law in shutting the water off.The landlord is now out a few thousand dollars, and still has a tenant living in the building. They have to start all over again.Total savings by not hiring an attorney? None.

The master tenant of the unit I am renting removed mail addressed to me from the courthouse. I went to the court the next day and found out he is trying to evict me. Is this not criminal? What is my best course of action?

You noted in your Comment you’re using the USPS “Informed Delivery” notification service. I use it, too, and it would be quite odd for a known letter not to be delivered.I would contact the postmaster of the post office serving your home. They will know the law and may have suggestions for you. I suspect that this could fall under “theft/tampering” with the mail — a federal offense.If legal proceedings are in progress and you were not served, the case cannot go forward until you are properly served. Inform the judge.It is assumed that first-class mail sent to you (by the court or the other party) has been delivered within 3 days, so don’t take the position “I didn’t receive it and don’t have to do anything” — if you miss a deadline or don’t file a timely response you could have quite a problem.If the other party is actually preventing notices from reaching you, that’s a serious issue which a judge will not take kindly to. Inform the judge, but accuse only if you have proof; otherwise, simply state the facts:“Your honor, I am not prepared to go ahead with this hearing because I did not receive notice of it.I have an official USPS monitoring service which notified me to expect a letter from the court. However, it was not in my mailbox on the delivery day.I only found out about this hearing/notice/summons/whatever because I then contacted the court.I have received all my mail except this one. Coincidentally, the landlord also uses the same mailbox.”You state the facts and let the judge come to the conclusion that the landlord may have taken the mail without you saying it.If you tell the judge of your suspicion, you’ll also want to show that you took action about it. Contact the court clerk (call or visit) and ask if any notices have been sent. If, indeed, something was sent which you didn’t receive, inform the clerk of the situation and ask for a copy.Here’s an idea to test your theft theory: send yourself a couple of envelopes which mimic official letters from the court, like this:copy the return address of an official letter and print it onto a blank envelope (someone with image editing software like Photoshop can do this).insert a couple sheets of paper in the envelope to give it some heft. For fun, on one page print, “U.S. POSTMASTER MAIL DELIVERY TEST REGARDING MAIL TAMPERING COMPLAINT 2017–012345” to scare the bad guy if he opens it — maybe he won’t do that again.Mail it to yourself, first-class postage. Mail another a few days later.When the mail appears in your Informed Delivery notification, save the notification to your computer.Check your mail. If the mail is there, leave it as bait.If the mail disappears, the postal inspector general’s office would be interested; they have professional methods for dealing with this.

Can I get my rent and security deposit back if the landlord raises the rent, potentially illegally, and held me responsible for damages with no proof?

LONG, but lots of important rental info included.Step 1- Pull out your current lease or rental agreement. Do you have a lease for a predetermined period of time? Or are you living there month to month? What does it say about rent hikes?If you have a lease, you probably are protected from rent hikes for the full term of the lease, but READ YOUR LEASE, every line of it. Make sure you understand every line of it.I should probably stop and explain what a lease and a rental agreement are.A rental agreement is a simple contract between you and the landlord, that’s between tenant and landlord, that states you are legally entitled to be living in his property for a certain length of time. It will include some very common stipulations such as but not limited to: rent and deposit amounts, rent due date, pet, parking, and smoking policies, etc. Most of the time, they are used by private and small time owners. Most of the time they specify very short term lease terms of three or six months, if at all. You’re more likely to to be living under a month to month rental agreement. The landlord can make any changes he wants to the agreement between you and s/he with a 30 day notice. If he wants to double rent, charge additional rent, serve you notice to evict, he can do that with a month to month rental agreement.Once you start talking about longer term commitments of one year and up, you start talking about leases. A lease is a detailed rental agreement that spells out a lot more rights and responsibilities for both landlord and tenant. A residential lease typically has a term of one year, although two year leases are not unheard of in the residential market, compared to commercial leases that can run up to five years in length. I lived in a house where it was my responsibility to keep the landscaping watered and to pay for the water bill in its entirety. This was a line item in the lease. Some leases specify number of guests and guest nights you may have during the term. Pets? Smoking? Your landlord’s terms regarding these issues (e.g. additional damage deposit for pets, or number of pets, or weight limit) would be located in the lease. Any information pertinent to your relationship with your landlord and the physical property will be located in the lease, including start and end dates of your term. The end date is important. Quite frequently landlords will not notify tenants that their lease has expired.When you have a signed lease, the landlord cannot make any changes in the terms of the lease until the end date of the lease. He can’t raise the rent, arbitrarily kick you out, change dates or amounts, unless you have violated another stipulation of the lease. But neither are you allowed to make any changes to the lease. You can’t move out without being on the hook for all rent due to the end date of your lease. That is, if you decide you want to move out nine months into a year long lease, you still owe for three months.However, if you continue your tenancy past the end date of your lease, your agreement with your landlord will almost always revert to a m2m agreement until a new lease is signed. Which means your at the mercy of any 30 day whim of your landlord. It doesn’t matter that you had a lease. You now no longer have one.Don’t have a lease? Don’t have a rental agreement? I hope you can play poker, because that’s what you’ll be doing with your lord. Next time you move, make sure you sign at bare minimum a rental agreement that includes at least the most important info from this text, or a lease. Print up a blank one from a template or draw up your own if your new landlord doesn’t offer one. Make sure you get receipts for deposits and rent, especially if you pay cash. Keep all these papers in a safe place and hope to Hell you’ll never need them.If you don’t

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