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wrongfully evicted need info asap (Real Estate & Property Law)

Mon, 25 Mar 2002 14:40:00 GMT

After calling 911 because my friend(who has a no trespass at my apt complex) induced pills. I am being evicted for illegal activity and police involvement. this was 2-18-02. There was no illegal activity so I feel I should not have to leave. I was served a 3 day notice to vacate which I did not comply, then was served a summons and complaint, which I responded. And not have to answer to a memorandum in support of motion for summary judgment. I am on housing assistance and will be terminated if judge finds me in default. I know that their statement of facts is invalid and I know that I have done nothing wrong to validate this situation. I need advise on how to respond to this memorandum.I need to know what "Of points and authorities in support of its motion or summary judgment" means, also what "no genuine issue as to any material fact remains to be tried". what is summary judgement? I have to complete this response today. I do have factual defenses. I have to win this or I lose my housing help, also there is a principal and I know that I haven;t done anything wrong. This all stems from the maintance man not being able to get down my pants. who is now married to the ast. manager and who has a personal issue with the individual with the no trespass.x

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  • Mon, 25 Mar 2002 15:31:00 GMT(1)
  • The only logical response is YOU did call 911
    But how long was your friend there?
    If the friend stayed overnight, not much you can do.
    But if you can somehow prove you called 911 soon after your friend arrived, then you did the best you could.
    Actually the BEST solution was not to let them in your apartment and let them OD in the hallway.
    Summary Judgment means there are no disputable facts so there is NO need for a trial, and a judge can rule immediately on papers that are in the file.
  • Mon, 25 Mar 2002 15:24:00 GMT(2)
  • Your ability to continue to get taxpayer $$$ for your housing is contingent upon your keeping the rules. Tresspassor/Friend should not have been in your apt to OD PERIOD. The landlord and PHA have the duty to remove you from housing because of your violation of the rules....you had warning, knew tresspassor/friend should not have been around yet you STILL had them in apt.
    You need to show humility - NOT anger at your situation. No one made you have friend in your apt. You need to talke to PHA reps about what you can do to keep your housing - leave current landlord out of it and move on.
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