.. it should and could be thrown out of court out-of -hand.
So, that is it. Karma has played its hand in case of your land lady.
Yes, yes it has. And it's a wonderful thing.
Seriously, I'm not one to easily latch onto the idea of "instant karma", but who knows why it seemingly happens.
I received a call from my lawyer yesterday. We did financially qualify for free legal representation because of our income as senior citizens. She said her office has been reviewing the case, and based on the first email and letter asking us to vacate, but giving no reason, the lawyer is filing a motion for immediate dismissal. In other words, my landlord, in giving no reason in the "notice-to-quit", has shot herself in the foot and sabotaged her own case.
In the US in general, and my state specifically a valid and legal reason has to be given in the "notice-to-quit". She even admitted in a phone conversation she didn't follow legal procedure. I mean,
"like what!?" She got a lawyer
after this was done, so she didn't have legal advice when she started. That's what happens when people say "I know my rights" and "I know the law". Her lawyer is also not familiar with tenant/landlord law, we found out. So he filed the motion to sue for eviction and taking her money for no result.
Long story short, if all goes well, the opposing lawyer will advise my landlord to withdraw the case because it has no legal basis, or the judge (or mediator) will dismiss it out of hand. In either of those cases we won't even set foot in court and the deal is dead.
My landlord will be responsible for all lawyer and court costs.
There is, however, the possibility that the landlord will try to get stupid and retaliate with an outrageous rent increase (also illegal) or ignoring us when we need repairs (also illegal). My lawyer said we'll address that if it happens. We will be saving to move out of here as soon as possible because this has created an adversarial relationship. We won't stay where we're not wanted.
धन्यवाद भगवन्
Dhanyavāda Bhagavan.