My landlord filed for eviction. I moved out before court and she had possetion. Went to mediation and said she would

Question

Only drop the eviction if I pay her $4000+. I filed an answer with unlawful entry as my defense. I won a judgment of $1450, she illigally entered. I still got an eviction on my record. I didn't owe rent so I am technically still granted possession of the unit. Why do I still loose?

Gregory L Abbott · Answer

There is confusion here somewhere.  First, if you had restored possession prior to the First Appearance, the landlord was obligated to dismiss regardless of any alleged debt.  If she did not, you should have told the court and had it dismissed without the need of filing an Answer.  If you somehow still went to trial and prevailed on a net basis, you should not have an eviction on your record (though there will always be the record of the case having been filed against you).  The only time an illegal entry should come into consideration in an eviction action is if you were being evicted for failure to pay rent - or perhaps there is a separate case suing each other for money?  If that is the case, the outcome of the monetary lawsuit would have no direct impact on the eviction case, though it might have been related and relevant.  If court personnel can't or won't explain what has happened to you, any local landlord-tenant attorney can if you provide the court paperwork for them to review.  Good luck.

Q: My landlord filed for eviction. I moved out before court and she had possetion. Went to mediation and said she would