Tuesday, June 26, 2018

so, i got a very quick response on my request to reschedule: i used the wrong form.

well, i had previously made a request to move the hearing forward, called a "request to extend or shorten time" form. if the request to move a hearing up is a request to shorten time, a request to push the hearing back should be a request to extend time, right? that's rational, isn't it? so, i used the same form to request an extension that i did to request an expedited case. what makes more sense than that?

it turns out that there's a "request to reschedule hearings" form, but you only use the request to reschedule when you want to reschedule later on (that is, extend time); when you want to reschedule sooner, you request to shorten time. meaning, there's a different process to extend than there is to shorten - despite the form being to request to extend or to shorten.

it's less legalese and more bureaucracy.

worse, there's a caveat: i need to ask for consent to reschedule later.

now, i grasp the value of doing this, don't get me wrong, but the situation is really not consistent with itself. i can unilaterally schedule a hearing. i can unilaterally ask a hearing be held sooner - which is a reschedule request, isn't it? and, i can even unilaterally cancel a hearing by not showing up. but, if i want to reschedule a hearing, i need to ask for consent.

sort of.

i could always cancel the hearing by not showing up, and then reschedule it later by reapplying, right? and, that's what i think i'm going to do...sort of....

i need to write this down because the second-hand smoke is affecting my ability to think clearly, right now, against my will. it's the perfect example of why i need out: i'm trying to carefully work through the logic of planning a move out properly, and i can't focus because i'm forcibly second-hand stoned. i can't be trying to work out recursion relations right now, but how about that? it's surreal, it really is. i'm too stoned to be able to focus on planning to escape from the drugs. fuck.

so, the reason i wanted to file the extension is so i could withhold rent on the 1st. it's just about optics, right? if i withhold rent on the 1st and show up to a hearing on the 5th, they can throw that at me, and i look like a bum. yeah, i'm going to explain the situation and keep paying rent if i have to, but it's better if i just put it off. and, even if i'm still stuck here at a hearing date in october, i can point out that i've paid rent since then, and will until i can plan an escape. at the least, i'm escaping the situation of suing somebody for damages days after i've withheld rent.

but, if i have to ask for consent, the logic of tiptoeing around the situation evaporates.

i have a showing across the street from their rental office tomorrow, so i'm wondering if it makes sense to leave them a letter when i'm there. the letter would say something like "in pursuant to the previous letter..", and lay out a request for consent to reschedule. it's just that i'm wondering if i may catch something over the next few days when everybody else is distracted. the apartment tomorrow looks a little small, but it's cheap - so, if it's big enough, it's good enough, if there aren't smokers (let's be realistic: there probably are). she didn't know, on the phone. then, i caught a standalone house for $600, which would be completely fucking perfect, but the idiot landlord only wants to rent to students, which makes no financial sense on her behalf. odsp is the most stable income in the city. why would you rent to some kids that could move out in october after flunking their midterms when you can get a longterm tenant on odsp? that's just dumb. really, really dumb.

but, it demonstrates the point: i could get lucky. i mean, you can't predict stupidity, but an ideal option just appeared and disappeared in front of me, right? if i can sign something for august 1st in the next ten days, i want to appear at that hearing on the 5th...

the reason i filed today was because i wanted to make sure the board had a week to process it, but it seems like it's only going to need 24-48 hours, if that. in fact, the form specifies 48 hours. so, i could have waited anyways - and probably should have. i may have been saved from a mistake, there.

hey, i'm largely winging this. i've never done this before. that's why clear thinking is so important.

i think i want to lay the situation out clearly.

if consent to reschedule is not granted, i'm going to unilaterally cancel the hearing and refile the same case the day of the previous hearing. i'll have it ready to go and stop at the office on the way home. so, the choices are that we can reschedule the existing hearing or we can start the process a second time. why bother denying consent, then?

well, the answer to that is that they could file an eviction notice the next day - but, if they do that, i'll carry through with the hearing. and, it wouldn't necessitate the need for costs, anyways.

and, if i'm going to give them this letter, i'd might as well wait until the very last minute, which would be when i don't pay my rent, rather than tomorrow afternoon. it may be a nice idea to think i can trick them into giving consent and then not pay rent, but i don't think i have the timelines - and i don't think that wrath is worth generating. i'm still a little apprehensive about an illegal eviction attempt.

but, what if i withhold rent on july 1st, and move august 1st? if i do that, i'll have at least $1200 for moving costs. i'll be broke, but at least i'll have a receipt to take to the court.

the flip side is that if i win money for a new couch & bed then i won't bother to move the ones i have, which would save me a lot on moving costs. i may even be able to try and sell them.

so, i don't want to give them anything until saturday.

and i'm not sure yet exactly what that should be.

it's either going to be a statement that i'm moving on august 1st, or it's going to be an attempt to strong-arm a rescheduling or it's going to be a statement that i've changed my mind and am ready to go for the fifth, in which case the judge will almost certainly reschedule.

yeah.

i'm glad that didn't work...that was a little premature...

i don't actually have to technically file until the 3rd.

now, here's an interesting grey area - what if i get consent to reschedule and change my mind before i file?

i want to specify that i'm not really acting in a shady manner, here. i'm trying to get out as soon as possible, and i'm going to eventually sue them for costs. these things are certain. and, so, to an extent, i'm acting in their interests, as well. what's less clear is timelines. and what i'm trying to avoid is a situation where i move before i'm ready, and just have to do it again.

i guess what i wanted to figure out is if i should make the request for consent tomorrow afternoon, and the answer is that i shouldn't. and, i shouldn't have tried to file today, either - that was premature on my behalf.