回複：房東應吸取的教訓。請求繼續指點。

1） 難道可以因為我的greedy (即使是真的greedy 。實際是在她們的哭求下（母女倆真的都哭過）)而不給我writ of restitution?

The information you provided was insufficient. For example, how long have they lived there? If the lease was for two years and they did not pay rent for the last month, obviously it is not a material breach. Whether it is a material breach depends on the the facts and is a question of degree. The judge has the discretion not to treat this as a material breach and you cannot get restitutional damage. BTW, to get restitutional damage you must return all the money they paid, minus some reasonable value of the renting. I don't think a judge would take the trouble to do this. You may get expectation damage, which is the rent. You may get an eviction.

（2） 把母女倆付的錢分開算是不是在偏袒房客？不僅母女倆都住在那裏，而且連她們自己都沒有這麽認為。

Regardless who paid for the rent, one of them paid the rent for august and they had the right to stay. Does it matter who was the tenant, who was the assignee, who was the subleasee? I think not.

（3） 法官為什麽不搭理我反複強調的沒有租房合同的問題？

The truth is there is a contract. For one month lease even an oral contract would suffice. The moment you took the $1145, there is contract formed. Even if your jurisdiction specifically needs a written one for statute of frauds purposes, there is still a contract because they paid the rent and took possession. Eveidently there is a contract. Something we call doctrine of partial performance. One way to bypass statute of frauds.

（4） 為什麽不讓房客有書麵的東西說明已搬出。現在我說房客在法庭上說謊，法官可以說他沒有聽見。

For a fixed term lease, one month, tenant has no obligation to notice. Not sure that is your question though.

（5） 為什麽法官在明知房客沒有合同，也沒有交9月份的房租後，仍沒有給我writ of restitution? 即使在我打電話去之後仍然沒有給我writ of restitution, 隻是叫我重新再來？

Because what the judge said, the original lease was void. You started a new lease, fixed term for one month, with the tenants. This is a different cause of action and you have to file a new claim.

（6） 最重要的是，法官沒有給我一個書麵的文件可以進出租屋，房客可以告我騷擾，丟失物品等等，我還真有大麻煩了。法官不是在坑我嗎？

Fixed term lease ends automatically at expiration date. You have the possession at the end of the lease. Anything left inside becomes yours, at least under common law. You even take posssession and sell those thing under doctrine of distraint if rent was unpaid. Modernly, you may have to go to court to file an eviction claim.

所有跟帖： 

• wow. I believe you should be an attorney -wxc2008- ♀ (0 bytes) () 09/25/2007 postreply 15:15:37

• 太謝謝了！ -初下河- ♂ (5914 bytes) () 09/25/2007 postreply 17:54:18

• 回複：太謝謝了！ -apt- ♂ (2459 bytes) () 09/26/2007 postreply 10:39:45

• Thanks again, you are great. -初下河- ♂ (18 bytes) () 09/26/2007 postreply 21:51:53