Q: I need advice for court tomorrow morning
I have been renting a home from a private landlord for 8 years. I was married, but we separated. 2yrs ago I was assaulted by my wife's boyfriend and had a restraining order against her which expired in the summer. She began coming around the house again, and the police said the landlord has to file a no trespassing order and without one the police could not remove her from the property. My landlord was notified of this but never pursued it. I found out my wife was never taken off the lease for 2yrs due to my landlord never following through. Two months ago I received an eviction notice because my landlord wants to sell the home. My move out date is April 17, but I moved in with my girlfriend March 1 because i lost my job and needed to have a payment plan to pay rent to her. Last week I got another eviction notice due to unpaid rent and my wife is squatting in the home. My Landlord asked me to remove her from the home without police involved and I was assaulted again. Do I have a case?
A: Assuming you are talking about being in landlord-tenant court, be sure the Judge knows you are already out. As long as that is true, the case against you should be dismissed (all landlord-tenant court does is decide who is entitled to possession - the tenant or the landlord. If you are already out and restored possession to the landlord, there no longer is anything for the court to decide and the case against you should be dismissed. If your ex is still there, then the case may still continue against her.)
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