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Krishna   28 December 2021

Landlord trying to evict me after 22 years


I rented an apartment in 1999. There was no written or verbal rental agreement of any kind. Landlord asked me to pay rent in cash which I did. I asked but he did not give me any receipt.

In 2013 when property prices skyrocketed he got greedy & sent two thugs & they harassed me at night for a month & threatened my life. They along with my landlord typed something but did not let me read & had it signed & had it notarized & did not give me a copy which I did it to save my life. Then with advice from well-wishers I filed a civil suit as a tenant & they all went away. In response to my suit, my landlord said that I am not a tenant & he never took any rent from me & he gave me the key to the apt for cleaning & safekeeping. He also denied getting anything in writing from me.

The case came to the court in 2017 & my lawyer kept on getting new dates for a year & after a year judge dismissed the case for default. Immediately after that my landlord asked me to pay certain amount that amounted to the rent till now Dec 2021 with a guarantee that he won’t ask me for more money in future & I can live in peace. Thus I have been a tenant for 22 years & I am over 70 yrs old now.

Now he sent me a notice thru a lawyer that I have not paid the rent for last 8 years which I should pay & also vacate the apartment because I had given him the guarantee in writing with notarizing that I will vacate the apt in 60 days in 2013 as well as some rental laws.

So in response to my suit of 2013 he denied that I am a tenant & he denied that he has not asked me to sign anything & notarizing

Now he has sent me a notice thru a powerful lawyer claiming that I was consistently paying the rent till 2013 & have not paid the rent since 2013 & in 2013, I had given him a guarantee in writing with notarizing that I will vacate in 60 days. Thus contradicting everything.

So I did a little digging & found from city survey office that this property is not listed in his name in 7/12 extraction & also not in property tax bills & in fact I have paid all property taxes from 2005 till 2022, most by checks & last 3 yrs by cash & I have original receipts.

Here are my questions for your expert advice.

(1) How should I respond to his legal notice ? Can I say that he is not the owner of the property ?

(2) Can I say that he was acting in someone’s behalf and collecting the rent from me ?

(3) In notice he has threatened me with Civil & Criminal case. On what basis can he sue me with criminal case ?

(4) Do any facts from my previous suit which was dismissed for default be brought in new suit that he will file ? Because then he signed the affidavit that I am not a tenant & now in notice he says that am a tenant & has not paid 8 years rent. He also then denied of any kind of writing from me & now he says I did. Thus contradicting everything.

(5) If he files a suit, would that be expedited because of my previous suit which was dismissed 3 years ago OR the new suit will go as a regular process & take time before new trial ?

Thank You all for your kindness.


 2 Replies

Kawmini Liyanage   28 December 2021


Theres multiple ways you can counter the issue. In order to do so please let us know the following;

  1. Have you paid electricity/water Bills within the period of 22 years? And are they paid under your name? 
  2. Have you lodged a police complaint against the life threats you faced? 
  3. Did the other party lodged a police complaint against your possession of apartment?
  4. Have you ever been evicted from the said property within the said time period? 


Kawmini Liyanage.

Krishna   28 December 2021

Sure. Here are the answers.

(1) Yes, I paid the electricity bills for 22 years & have every receipt. Name on the bill is landlords name as usuallly is when you rent.

(2) No I did not because they immediately stopped harrasing immediately after I filed the suit in 2013.

(3) No

(4) No

Hope this helps in clarifying my concerns.

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