Ten Day Notice To Cure

This is a discussion on Ten Day Notice To Cure within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I have been living in my apartment for over 10 years. The building recently went under new management. I have ...

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Old Sep 5th, 2007, 10:27 PM   #1
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Confused Ten Day Notice To Cure

I have been living in my apartment for over 10 years. The building recently went under new management. I have been accused (2/2007) of constructing an illegal wall in the living room of my apartment in violation of the lease and the law. I tried to explain to the new landlord that the wall was already in place when I moved into the apartment. She has obtained legal counsel. And, per this notice to cure, I am being told by her lawyers (in writing) that I have to repair this wall in ten days or the landlord will terminate my tenancy in accordance with my lease and the law. They are also requiring that I pay the landlord's legal fees. I cannot afford a lawyer. I did not do anything wrong. She wants me out, so that, she can raise the rent. Please advise how to proceed. My time is running out. Thank you.
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Old Sep 6th, 2007, 10:58 AM   #2
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Default Re: Ten Day Notice To Cure

Did you do a pre-move in inspection of the unit with the former management? Did they give you an inspection sheet? This may show that the wall existed prior to your move in. If not, do you have dated photos taken in the room in question (maybe at holiday time, with a new piece of equipment, or at a party there) shortly after you moved in? This would show the wall was there too. How about witnesses who helped you move in to testify, or write a notarized statement, saying that the wall was there. Have you *written* a lettter to management that states you did not construct this wall, the former tenant did? If not, do so immediately and send it to the new management by certified mail, return receipt requested. Keeps copies of anything you send them. You need the paper trail for evidence. Let them know that you were unaware that this wall was not original to the unit. Let them know that this wall was in place when you rented the apartment and that you had nothing to do with its construction. Since you do not know how it was constructed, you do not know how to remove it. But if they wish to repair the unit and return it to its original condition, you will give them access to do whatever repairs are needed. Appear to be very cooperative, but unknowledgeable about the entire situation. If you can find evidence to back you up, it would be very helpful. If they continue to push this, you may be eligible for free legal aide. Call and ask.
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Old Dec 29th, 2008, 11:42 AM   #3
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Default Re: Ten Day Notice To Cure

we had an bankruptcy,and fell behind on our chapter13 obligation.so the mortgage company tried to foreclose again ,it involved conditionally granting relief from the auttomatic stay? .soit went to a judge and we have to make an additional payment to pay the reers..my question is my regular payment is due on the 1st of everymonth,what is the 10 day notice to cure is this a grace period to get my mortgage paid for each month
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Old Dec 30th, 2008, 02:26 PM   #4
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Default Re: Ten Day Notice To Cure

Yes, you have to make your regular payment, on time, on the first of each month. The additional payment to pay the arrears is just that, an additional payment. If you have not made both payments as required, then you are in violation of your agreement. This may be the quit notice you recived. I suggest you call the person who signed the quit notice and ask. You need to know if this is a pay or quit (requiring you to pay all you owe within 10 days or move out) or if it is a quit notice (move out within 10 days or face eviction). If a pay or quit, get the money paid now. Otherwise you will be facing eviction in 10 days.
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