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Journal tomhudson's Journal: Stupid landlord trix - lying under oath ... 12

Journal by tomhudson

Yep, had our day in court this afternoon.

I took the day off yesterday to prepare, but that doesn't mean I actually prepared my files or anything - just relaxed and got into the right mindset (confident, not a worry in the world, easy slam-dunk win mindset). It took me under 2 hours to prepare the paper files, the pictures, and the videos this morning, pack it all up along with the exhibits (yes ... I brought "them"), laptop, etc. into a pull-behind, and head down to the hearing.

I had decided that I had enough physical evidence (city's report, pictures, emails, letters, etc) that I didn't need any witnesses. He had 4, and when I walked into the place, he said "Oho, so you've decided to show up!" I said "Of course. You're gonna lose," then signed in.

Long story short ... he spun a sob story painting me as totally evil, lied under oath, and when it was my turn I used his own emails and letters against him. He said I had only been complaining since April of this year, and that he would have done the necessary repairs if he had known ... so I produced emails from March of last year, along with a bill he sent to me for reference. What a 'tard.

So, now for damage control on his part. He said he doubted that the mice were causing damage - so I produced exhibits 1 through 65, still frozen solid. Everyone had told me not to bring Mickey Mouse and Co. I went with my instincts, and again, they had proven right.

I also produced the registered mail that had been returned since he had refused to pick it up. He claimed that "it must have slipped my notice, I have all the others." I pointed out it was the FIRST, and that he refused it because I had forewarned him it was coming via email. Didn't look good on his part, for sure ...

Next, I put my laptop into slideshow mode (gotta love a 17" laptop with remote control for that sort of thing). I showed the damage the mice have done, etc ... 200 pictures are worth a LOT more than any number of words, 'cuz seeing is believing.

I showed the pctures of the holes in the foundation, the missing window to the crawlspace, the gaps in the wall between the original house and the illegal extension, the openings in the foundation elsewhere large enough for a cat or dog to get in, the awful job his home-made "total roof repair" actually was (kudos to my panasonic 3CCD movie camera in picture mode - very nice, clear, hi-res pix).

He lied about a LOT of other things - I concentrated on the ones the judge wanted to hear more about ...

So, after we both presented our cases, I knew I had won when the judge asked him a few pertinent questions about the contradictions I exposed, and he had to do the "shuffle" - answer with a lie that I was able to immediately disprove, then he lied again, and I just "turned the screw" even more.

In the end, his witnesses were rendered moot, so none of them testified ... awwwww, too bad, because I had a little piece of surprise evidence, thanks to the intertubes, for one of them ...

He tried to paint me as some sort of "professional litigator", only doing this to squeeze him for money. I told the judge that, on one request, if she honoured, it, I'd be happy to assign it to charity, because it's not about the money, it's about him shirking his responsabilities for a year and a half.

When the judge asked me, I agreed to reduce my claims to a retroactive reduction in rent for the cold months, the damage the mice caused, reduction for the mice problem for the last few months, damages to my belongings, and moving expenses. See - I'm not *that* evil. I'm sure it more than counterbalances the money I've withheld since April.

My suspicions were right. It turns out that he had done all the renovations himself, and hadn't done them properly. No licensed contractors or permits, he's heavily mortgaged (read "probably very much under water"), and he's also behind on the property taxes, etc.

So, we get the decision within 10 days. Whether I'll be able to actually collect is another matter ... but I'm not worried about the "winning or losing" part.

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Stupid landlord trix - lying under oath ... More

Stupid landlord trix - lying under oath ...

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  • What was the stealth evidence wrt the witness that you didn't end up needing?

    • The realtor who was trying to sell the place is a liar. I was going to sandbag him with a few lies in his listing. I have the original listing from the realtor who sold the place to the current owner two years ago, and actually describes it accurately as a 3 bedroom. This realtor inflated the listing, saying it was a 4-bedroom with a "bachelor unit" included.

      Kind of makes it obvious that he would say or do anything for money, don't you think?

      To paraphrase Full Metal Jacket - "Nothing like the smell of

  • That is chock full of awesome. I can hardly wait until we hear the verdict from the judge.

    Brace yourself for the inevitable appeals. He will fight this because he refuses to believe he is wrong (or is an overflowing cup of stupid, your call).

    Are you going to pin him with purgery charges, too?

    • Let him appeal. It will just delay the inevitable. Especially since he made a big deal about how I was going to appeal (since he was so sure that his film-flammmery was going to succeed).

      I can understand how he could fool himself.

      1. He's a bully, and tried to bully me. Bullies are usually pretty stupid.
      2. He had lined up FOUR witnesses who were ready to lie under oath. How can you lose when you've got 4 other liars to back you up?
      3. He had mistaken my patience in dealing with this mess for over a year as w

    • Re: (Score:2)

      by turg ( 19864 ) *

      Yeah. Excellent work. You did good.

      I doubt he will be able to mount a successful appeal. He seems pretty clueless as to what it takes to win in court. To get your appeal even heard, you have to have some legal reason other than you didn't like the decision (like the judge misinterpreted the law, or considered evidence that shouldn't have been allowed, etc.) -- otherwise every case would go to the Supreme Court. He doesn't sound clueful enough to even know what type of lie is required to get his appeal heard

      • Anyone can file an appeal, just like anyone can sue for any reason, even something frivolous. However, if HE appeals, so do I - and I'll reinstate my demands.

        I'd also go down to the federal bankruptcy trustee and put him into involuntary bankruptcy (it will cost me a couple of hundred bucks, but it will be worth it). Since he's already admitted he's behind in the muni taxes, he'd have to go to court and show he's not insolvent, or hand everything over to the trustee.

        This creep lied too many times for

        • If he lied to you, he probably lied to others, less capable of defending themselves. Let him bleed... please.

          • I know that he's lied to others - a little birdie clued me in that him and his wife are a real problem ...

            I'll probably post detail on the net so that anyone else who has problems with him can get the help they need to show he's an unabashed liar.

            Some of the lies he told were *so* ludicrous ... but I suspect he's the type of person who tells themselves the lies until they half-believe them themselves, and think their lying is justified.

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