Re: Mail Fraud
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Posted by Judgment
(12.228.108.56) on January 04, 2004 at 20:54:59:
In Reply to: Mail Fraud posted by TOTTALYOFFTOPIC on January 04, 2004 at 18:36:36:
Mail fraud is when you use the mail to defraud someone which generally means to get something of value by misrepresentation. That's not what's going on here. Your landlord's agreement with the mortgage folks is a contractual issue. Not a mail fraud issue. It seems as though you're about to be evicted and you are looking for ammunition or leverage to defend yourself. Has he already served you with papers to pay or quit or eviction court? If not, don't wait for that. Vacate NOW. Send him a notarized letter by CRRR explaining that you have vacated the property and are waiving your rights under the lease to possession of the property. Make sure he has access to the keys. If you can get a police officer or someone else of reputable character to witness that the property is vacant, that would be great. Pictures would also be great to prove the condition of the place. Once you do that, he can't evict you, because evictions are for possession of the property. If the property is empty and you are not there, he already has possession. The only thing he can sue you for after that is arrears--the money he claims you owe him. Also, I think that once you are no longer in the property and no longer his tenant, he can not sue you in landlord/tenant court. He'd have to take you to small claims or the right court for the amount he claims you owe. It becomes a contract law matter. This is based on my own experience and nothing else, of course. In my opinion it's much better to be sued for and go to court for money than it is for eviction in landlord/tenant court. Where I come from anybody who has even put foot in a landlord/tenant court will not be approved for an apartment. Period.
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