there's no affidavit on file. what that means is that there is no legal evidence that they require me to move out of this unit - the form is incomplete, and the case will be dismissed.
they could still provide an affidavit. they have until the trial date.
there's two explanations for this, that i can see:
1) incompetence. and, they've demonstrated more than enough of this to consider it plausible...except that they now have counsel, and this would be pretty pathetic if it's incompetence by the counsel. regardless, it could still be coming, and i'll need to call back every day and check to see about it.
2) they never intended this to go to trial - it was a tactic to try and scare me out. in other words, there's no affidavit because there's no family member to move in - it was a bluff, and i've called it.
i need to call every single day. i need to prepare a defence. but, as it stands, they don't have an actual case to present and i'm consequently not under a serious threat of eviction.
so, should i re-open the harassment case? this is my smoking gun, clear as day: an eviction notice without an affidavit is clear and obvious harassment.
1) except for the eviction notice, they've been leaving me alone for the last few weeks.
2) i don't want to present the appearance of lingering conflict - and i can be genuine in avoiding it. the bigger threat is the judge declaring the relationship dysfunctional.
3) i'll be in an even stronger position if i wait it out, as i'll be officially victimized twice and taken advantage of after acting in good faith, the third time. the fourth time will need to be bringing them to justice.
this is counter-intuitive. it's true that they didn't sign the mediation in good faith, but i did. and, so long as they aren't presenting a serious case, i'm better off letting this play out, as it just strengthens my hand.
if this blows over, great - although i'd suspect the judge will award me something as she dismisses the case. i still think they're listing the building soon, in which case i should lay low and wait. and, if they do something stupid, i'll have an easy case, given that i've been so accommodating.
this could change. i'll need to call daily. but, right now, i should wait.
bluff called. i think i'm ok...