Posted by Kent C on July 11, 2002 at 18:48:45:
The reason for eviction was monetary. But I did list the alleged illegal acts I accuse them of.
Because they are not reasons for eviction, I dont feel worried. I just wanted them stated because Section 8 Housing gets a copy and I wanted to let them know what they are up to.
I figure this could leave me open to slander. But I can prove what I claim. So it therefore is not slanderous.
The fact that the police dept has them on a narcotics dealing watch list and neighbors were complaining about traffic does not make them a drug dealer. But When i went in while they were not home to inspect if they had animals, I saw drugs.
As far as the animals, Even though a person lodged a complaint with me after witnessing the animals theft by them, all I need is to see animals in the house to prove breach of contract and begin eviction.
So while the “other” items mentioned on the eviction notice may sound a bit like heresy, they CAN be proven at a later date if necessary.
My intent was to over power them with items so they would be less inclined to stay and try to fight me.
In Okla you only need a 5 day notice for monetary things. You need a 14 day notice for breach of contract outside of rent due ( the animals and drugs) and if I just want them out because I dont like them but they havent breached the contract it is a 30 day notice. So since all 3 apply, luckily enough they owe $500, 30 days past due, and I can site monetary reasons.
I aint a lawyer, but judges have sided with me thus far. I try to do whats fair. I also give more lattitude than the law calls for. That “inspection” entry was after many repeated efforts to set up an inspection with them home.