What happens at small claims court if two parties present differing copies of a contact? For example this actually happened to me. Psycho landlord prints out unusually drafted lease agreement and send to me as PDF. I read it and am in fact perfectly happy to sign it because it appears to reflect our agreement as discussed and in good faith. I print it in duplicate but neither of the copies are stapled. Digitally sent copy is no longer accessible as we both changed phones. We both sign the final/signature page of each copy and she takes her copy's signature page, but leaves the rest of her copy and the whole of my copy with me saying she just needs the signature anyway. Then let's say I'm illegally evicted and need to prove my tenancy in local county court. The pages are all loose and she goes to court with a contract that says completely different things which she has happened to collate with the other loose signature page. We each claim the other person's version of the &quot;signed&quot; contract is fraudulent. How is this adjudicated?
It’s judged on the evidence You give your version, she gives hers, any other witnesses give theirs. The court then decides who they believe.
Theft is of course illegal in all US states, and pretty much every other jurisdiction. In the US that is a matter of state law, not federal. It could be reported to the local police, but it might be hard to prove. Both landlord/tenant law and privacy law are largely matters of state law in the US, not federal law. Such laws vary a good deal in different states. In many states a landlord is allowed to enter the rented premises, usually on "reasonable" notice, or without notice if there is an emergency. If the landlord actually lives in another part of the house, and simply rents a room to the tenant, the landlord may be able to enter the room more freely than if it was a separate apartment or house. In many cases where there is a written lease or rental agreement, it will specify under what conditions the landlord or landlord's agent may enter, and how much notice is required. What does the lease in the current case say about that?
In the event of a dispute, the person resolving the matter, probably an arbitrator in the case of a commission dispute between two realtors and either an arbitrator or a judge and jury depending upon what your listing agreement says about that issue, would hear the testimony from both parties and decide. The intent of the parties is supposed to govern in cases of clerical errors, but a signed document has a lot of weight, especially in such a prominent term. It is a little hard from the way the question is posed to determine who is willing to correct the typo and who insists on enforcing the contract containing the typo.
Generally a signature is binding even if you have not read the document you have signed; as far as the law is concerned you should have and it's too bad for you if you didn't. Of course, this presumes the contract is otherwise valid. In the circumstances you describe you should ask to see the document before signing. If that is not possible, then instead of signing you should write "I do not agree" instead and take the printed statement - only 1 in 100 people will actually check that you did sign. If you have signed and do not wish to be bound, you should contact the company immediately in writing and say that and that they can collect whatever goods they have supplied.
These images were quickly taken down to settle this problem. It doesn't settle the problem, at least under US law, because a former infringer may still owe statutory damages under 17 USC 504 (and I imagine under some analogous Canadian law). Ceasing the infringement does not extinguish the plaintiff's right to those damages, although it may limit the size of the damages. However, the opposition in question continued to try and sue for more, claiming that the information on these properties were taken from them (which is apparently incorrect and lacks proof) Information, in and of itself, is not subject to copyright protection in just about any jurisdiction in the world (see for example 17 USC 102(b)). It has been suggested in the comments of another answer that this may nevertheless be a trade secrets violation, but that would only be the case if the information had been non-public and the site appropriated the information from an unpublished source belonging to the plaintiff. If the plaintiff deliberately caused this information to be published on their own website, then trade secret law certainly does not apply to it. Nevertheless, if the site copied literal text or images from the plaintiff's website, or closely paraphrased it, that is an infringement of copyright. Copyright protects the creative elements of the text, even where the text is serving a primarily utilitarian or functional purpose. but they continue to drag this on in an assumed attempt to try and make the defendant basically spend all their money fighting this off before it gets before a judge. It is unclear what you mean by this. The normal process is for the plaintiff to send the defendant some sort of written demand, the defendant either complies or they don't, and then the plaintiff either files a lawsuit or they don't. If the plaintiff never files a lawsuit, the defendant is under no obligation to continue interacting with the plaintiff, and can simply wash their hands of the matter. Depending on the circumstances, this may or may not be wise, as settling is often more cost-effective than going to court. Ignoring the plaintiff increases the likelihood of a lawsuit being filed. But if there is no lawsuit, then there is nothing to &quot;fight off&quot; in the first place.
You can't give your landlord a "notice to quit" A "notice to quit" is something a landlord gives to the tenant under s8 or s21. Assuming you want to end the tenancy, you would give them whatever notice is required in accordance with the lease. Why the paranoia? Ending a residential tenancy is routine and would not normally land you anywhere near a court. You give your notice, pay your rent, move out and get your deposit back. Is there something going on that you're not telling us? If so, ask about that thing in a different question. The video would be fine as evidence However, it would only be used if there was a dispute over the service of the notice. While this can happen, its pretty rare and your precautions seem ... elaborate. Your landlord's name and address (and yours) will be a public record forever Courts are public, the names and addresses of the parties are a matter of public record (unless you are children, or sex offenders, or have some other reason the court accepts as to why this shouldn't happen). These records are kept indefinitely.
You have acknowledged that the house was in "new" condition, which establishes a baseline for determining if the present state is normal wear and tear. The lease and California law agree that normal wear and tear is not the responsibility of the tenant. You may then need to sue the landlord in small claims court to get the remainder of the deposit (the above guide will be useful). The thing that is not clear is exactly what constitutes "normal wear and tear". The state guide tends to emphasize extreme forms of damage such as dogs chewing the woodwork, or cigarette burns. If you do ordinary cleaning on the walls, windows, carpets etc. then it is more likely that the judge will find in your favor.
There is no fraud for breach of contract That is, except in highly exceptional circumstances where the guilty party acted deceptively and dishonestly to obtain a benefit or cause harm - the landlord must have knowingly never intended to make good on their promise rather than simply failing to do so. There is a difference between a warranty and a representation The key difference between a representation and a warranty is the remedy available to the receiving party. A Representation is a statement of fact which is relied on by the receiving party and induces them to enter into the contract. It is normally before the contract, but may be repeated in the contract as well. A party may claim misrepresentation where a false representation has been made. They may be entitled to rescind the contract, which means that the contract would be set aside and the receiving party may also be entitled to damages to put them back into the position they would have been had the contract never been entered into. A warranty is a statement of fact contained in the contract. If it is not true the receiving party has a claim for breach of contract. If it is a fundamental breach the receiving party may have the right to terminate the contact in addition to a claim for damages. However, unlike a claim for misrepresentation, the contract is not undone. As tis is expressly both, the tenant has the choice of which remedy to peruse - void the contract and seek damages for misrepresentation or affirm (or attempt to terminate - it’s not clear that this breach is egregious enough to justify that) and seek damages.