Landlord harassing and stressing me out
This is a discussion on Landlord harassing and stressing me out within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; March rental payment lost in mail, was informed middle of march, Put stop payments out, anyway also paid in full ...
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|May 8th, 2008, 10:22 AM||#1|
Landlord harassing and stressing me out
March rental payment lost in mail, was informed middle of march, Put stop payments out, anyway also paid in full aprils rent, though landlord harassed me everyday, and late at night, she filled for unlawfull detainer in the amount of $240.00, my rent is 1200.00 so you see I have been paying, anyway she has called people I know to tell them I am being evicted. She has told people I don't live there that I have been evicted, even when to this day I do live there and All rent and the freaken $240.00 has been paid, I am going to court on date that was set for the $240.00, but she is stressing me out and ruining my reputaion. She doesn't make repairs are follow through on agreement in lease. Why can I do?
|May 8th, 2008, 03:14 PM||#2|
Top Level Member
Join Date: Jul 2007
Location: southern OH
re: Landlord harassing and stressing me out
When March's rent was lost and you stopped payment on it, did you immediately write a new check for that month's rent? Did you pay the required late fees for that month (if any in your lease)? You are responsible to see that your rent payments are delivered to the LL. The LL is not responsible for payments lost before she even received them.
You do not say which state you are in. Each state has dfferent laws on evictions. Some states allow a LL to file for eviction the day after rent is not paid on time. Others make a LL wait 30 days after the rent was not paid before they can file. I suspect you are in one of the former described states. Also, some states allow eviction over any money owed (rent, late fees, unpaid utilities, etc.), others allow an eviction over only rent alone. (What was the $240 for?) Some even allow an eviction after the rent has been paid - the fact that it was late is reason enough to do an eviction. Other states allow you to pay up before the actual hearing and continue to stay at the unit. You'd have to list your state before I could give you more specific information.
The LL is being truthful if she states that you are being evicted (an eviction case has been filed). This is not liable. If the eviction is dismissed and she continues with the eviction tale, it may be liable. She has no business advertising this fact, but she can respond truthfully to inquiries asked of her in most states. Why would she say you weren't living there and who did she tell this to?
As for repairs, there is a specific procedure you should follow to get them done. First make all repair requests in writing. Ask that the LL contact you to tell you when the repairs will be made. (Keep in mind that only needed repairs that affect your ability to live in the unit need to be made. So the fridge needs to be fixed, but your unit can be refused painting.) Send the request by certified mail, return receipt requested, and keep a copy. Keep the postcard that comes back saying when she received it. Then figure out what type of repair you asked for because that determines how much time she is allowed in fixing it. Normally emergency repairs (call her for these, but follow up with the written request just to prove it later) need to be started in only a few days, other needed repairs can take 30 days or so to do (or whatever length of time your state allows for this).
If no repair is made or attempted in that time and the LL does not call you, you can take the next step. If the repair affect the habitability of the unit (that is - your unit is uninhabitable if it is not fixed) you can follow your state's procedures for rent withholding. NOTE - most states require that you contact the clerk of court and pay the rent, on time, to the clerk or an escrow account set up for this. You CANNOT just keep the rent. That is cause for eviction. The clerk notifies the LL that they have his rent and he cannot evict you for this. Check your state law before you do this!!! 12 states have no laws allowing rent withholding.
If the repair is needed but does not affect habitability, you might be able to repair & deduct. This allows you to schedule the repair, pay for it yourself, deduct the cost from your rent and send the LL the receipt to show the proper amount was deducted. Also check your state law on this before you do it!!!! 17 states have no law to allow this. Other states have dollar limits on the amount you can do this with.
Finally, if neither of the other things work, you may be able to terminate yor agreement and give notice to vacate.
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