Husband deployed in kuwait

[JETX]

Darlin', you are simply letting your emotions control your actions.... and your interpretations of the facts...

"i have researched the civil relief act"
*** Do you mean the 'Sailors and Soldiers Relief Act'? If had truly 'researched' it, you would understand that it does NOT apply in this circumstance.
Here is a link to the full Act:
http://www.chinfo.navy.mil/navpalib/questions/ssrelief/usc50top.html

"and it entitles stays for all judicial proceeding my husband is serving his country,"
*** No it doesn't. It DOES provide a 'suspension of civil liabiliities' but that does not apply to the 'valid termination of leases' by the LESSOR (there is a provision allowing the lessee to terminate, but that isn't the case here.)

"he is entitled to be there to respresent himself in a court of law,"
*** Again, that is NOT what the SSRA provides. You are a mature adult (presumably) and are very probably named on the lease also. The purpose of the SSRA is to prevent persons from taking advantage of a member of the Armed Services while on deployment. In this case, you are (presumably) a mature adult and should be able to handle this issue of the end of your lese. You are simply attempting to hide behind the SSRA when it clearly does NOT apply.

"we have done nothing to hinder this landlady"
*** Yes you have. She has every right to terminate a month-to-month lease as long as it is done in accordance with the law. And if she has, and you have refused, then you are hindering her lawful right to HER property.

"and second according to the federal law anyone causing stress upon noticed of said deployment which she even called his work is punishable by jail and fines and or both"
*** Again, a mis-statement of the facts.

"and i being the spouse is protected as well from any stress and according to the appeal,"
*** Again, mis-statement of the facts. And for one more time.... there was no APPEAL!!!

"as long as i kept paying the rent i could stay there,"
*** Correct. The SSRA does protect you from EVICTION. As your post describes it, you were not, nor have you been, EVICTED. The landlord has simply exercised her legal right to not extend your month-to-month lease. That is NOT an eviction.

"which i have done and have many receipts, now i can petition the court to allow me to stop paying the rent, and prove that is has become a bruden to me, however being the nice person, and not wanting to hear the person cry she cant pay her bills i continue to pay,,,"
*** This is frustrating.... what the hell are you smoking to think that you have some right to live free in someone elses house???

"I know for a fact when owning your home you can deduct the taxes and such, so i need my stuff"
*** You are correct there.... a homeowner can deduct taxes and 'such'. As to your 'stuff' statement, HUH???

Okay, enough playing the 100 questions with you. Lets cut to the chase:
You say, "i have researched the civil relief act and it entitles stays for all judicial proceeding my husband is serving his country,"
*** Where does it say that??

You say, "according to the federal law anyone causing stress upon noticed of said deployment which she even called his work is punishable by jail and fines and or both"
*** Where does it say that??

You say, "i can petition the court to allow me to stop paying the rent, and prove that is has become a bruden to me,"
*** Where does it say that??

 

[Boxcarbill]

JetX, she already knows the law. Just ask her. I want to know why she came to this forum.

Regarding the appeal, I took it that "she took us to court and hubby appealed the decision and now he is in kuwait." Therefore her husband wasn't deployed at the time she and her husband were initially in court. They lost and he appealed the ruling and then was deployed. So now they are paying into the court registry the rent pending the outcome on appeal. They are stalling the appeal based upon the Soldier and Sailor Act so I take it that the appeal is trial de novo. But I'm sure the original poster can clarify this point for us with her knowledge of the law and appellate procedure.

 

[corset]

enough

we appealed the decision on december 2, 2003, which was and still is my husband rights.
here read this article, protecting those who protect us
by marc lowry

the second major problem addressed by the civil relief act is the inability of a person in active duty to assert legal right in judicial proceeding that take place during the person's military service, hey if you fools want to buy for my husband to come home from kuwait and perhaps write bush and rumsfield a letter it would be greatly appreciated. the law resolves that problem beholding civil proceedings in abeyance until active duty personnel can appear and participate in the proceedings

AGAIN ALL JUDICIAL PROCEEDINGS
according to the state of Pa month to month lease has to be given thirty days noticed it was not, she also lied that hubby refused to accept over night letter, again she lied, no proof,
she has lied to the courts about her not being able to sell the house of course one cant sell the house, if one decreases and than increases the rent without making any improvement, i have copies of this price adjustments.
this all could had been handle in a more professional way, however, it was not,, i have called a pig, my children liars, i have been spied on, also have been told my furniture is not selling her house, i have been rudely treated by realtor agent, the list goes on and on, yes i have stressed,
the court did not increase the rent, the court at first denied the stay, because i am not a lawyer however seeing proof of husband deployement it was granted
so darling, you need to stop and get your heads out the books and realize until you lived in my shoes you have no right to critize or pick me apart, i have seen many people hurt in here from people with so called knowledge, this law goes back to the civil war to protect those left behind from vultures,
thank you
p,s you know how this all started, according to here onw lease, 24 hours noticed was to be given before any showing, this twenty hours was not given her realtor called my husband stating that i had cancelled another showing, what showing there was none schuduled, however, the realtor made threats to my husband, which he filed a criminal complaint and the landlord decides to strike back, and other thing we complained to comsumer affairs about the condition of the house, so when people complain to get things fixed they are tossed out, ooh big bad landlady,

 

[JETX]

Boxcarbill: Actually, this is a long ongoing problem with this writer (and an example of why new threads shouldn't be started on the same post). This all started back on 11/26/02 when 'corset' posted and said:
"Please help we have lived with a month to month lease the landlord took us to court,, the notice of ending of lease did not come to us on november 1, 2002, in the lease it states this notice was to be given to us on or before the november rent was due, she also asked for the following late fees she was not awarded this, however was forwarded november's rent, it also states possession granted what does this mean she wanted us out before or on december 1, 2002, god please help this is making me sick"
See: https://forum.freeadvice.com/showthread.php?threadid=123126

Instead of accepting the FACT that the landlord was terminating their m-t-m lease, she decided that ignorance was bliss and if she ignored it, it would go away.

Then, on 11/27/02, she posted again complaining how bad the property was, that the landlord wouldn't make any repairs, etc...... but still not willing to move, even knowing that the landlord wanted them out.
See: https://forum.freeadvice.com/showthread.php?threadid=123223

Next significant post was on 12/28/02, the first post where she said her husband was being activated. This was also the first post where she heard of the SSRA.
See: https://forum.freeadvice.com/showthread.php?threadid=126276

In yet ANOTHER post on this subject, dated 1/10/03, she says that she is paying rent to the court.
See: https://forum.freeadvice.com/showthread.php?threadid=127815

In ANOTHER post on 1/18/03, she complains about a Saturday showing by the landlord and she gives what appears to be her first mis-statement as to the provisions of the SSRA.
See: https://forum.freeadvice.com/showthread.php?threadid=128758

Clearly, she has no idea what she is doing and is just playing games with the landlord and the courts..... purely to try to give her additional time in the property.

With this writers inability to figure out simple issues, I think that her husband must have volunteered to go to Iraq. It was easier than staying home with her.

 

[Boxcarbill]

Thanks for the head ups information, JetX. I won't bother with any of her posts again.

 

[corset]

husband in kuwait

interesting
the last comment was a low shot, my husband was ordered to go to kuwait,
and to the other fool
thats what the both of you are fools,
its easier to pick people,,
will never come in here again either to ask for help or give an opinion, you two hide behind the keyboard and make comments that if made in 'REAL COURT" AFTERWARDS SOMEONE WOULD TAKE YOU OUT.

I WILL REPORT YOUR OFFENSIVE TONE TO THE WEBMASTER OF THIS SITE, YOU TWO NEED TO BE TAKEN OFF THE SITE
YOU ARE ABUSIVE AND RUDE PEOPLE WHO THINK YOU HAVE ALL THE ANSWERS, DONT REPLY TO THIS EMAIL EITHER ONE OF YOU
IF YOU DO I WILL CONSIDER IT VERBAL ABUSE

 

[djohnson]

Re: enough

we appealed the decision on december 2, 2003, which was and still is my husband rights.
here read this article, protecting those who protect us
by marc lowry

I guess this is just another mis-statement.

Corset, it's not just these two. You are not within your legal rights and I do also feel sorry for your landlord. I also agree it is people like you that give military a bad name and causes people to deal with them differently. As the saying goes 'what goes around comes around', I hope in your case this is true. You asked for legal advice and got it and started spewing nonsense when it wasn't what you wanted to hear. I hope your children are learning better from someone other than you, or this is just another example of how bad our country will become.

 

[JETX]

Aw, poor baby. You simply don't understand the laws and are now all 'huffy' when you (hopefully) realize that your entire argument has no basis in law.

So, at this point, it is clear that you are going to be moving... the only issue is when. So, start packing.

Also, you need to start making some reasonable decisions. It is possible that the landlord's attorney may demand compensation for legal fees incurred by your frivolous action. In order to prevent that, I suggest you contact her attorney and try to negotiate a settlement of this matter..... simply offer to move in return for a release from any further claims against you.

Finally, as to your ranting about 'filing a complaint' and 'abuse', you have as much chance of that as you do of staying in the landlords property. Zilch, nada, zero.....

PS: You said, "DONT REPLY TO THIS EMAIL". This is NOT email. It is an online forum. Simply, more confusion on your part.
Have a hap-hap-happy day!! And be sure to thank your husband for his service to the U.S.

 

[corset]

husband in kuwait

we paid our rent,
she is a bad landlord, period, she has spied on me, asked my neighbors the where about of my husband, called his job knowing that my husband was deployed and than lied about it in court.
called my husband's job, called me back in january asking who will continue to pay the rent, demanded a rent increase while he was gone. i have been called a pig, demand settlement yes i will demand settlement,
yes at times i let my emotions get the best of me and for the last couple of months i have been put through hell and yet paid her the rent which according to the appeal process would allow me to live here until i am able to find another place, yes i have started to pack,
i have alot of paper work to prove this landlord to be unjust,
anyway, thanks for all the comments, however there is one comment that not welcome the one that was said my husband volunteered for kuwait was un called for my husband has 19 plus years of service to the United States Military.

Finally, when we first moved here, we were told things would be fixed and to date nothing has been fixed, the ceiling still leaks, the kitchen floor is dangerous, and when we complained to consumer affairs she took us to district courts,, My husband even started to fix things, paint , we stream cleaned the rugs which we were told that they would be done.
thank you