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Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc.

threatening to sue advice seriously needed

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Old Nov 28th, 2007, 11:34 AM     #1
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Confused threatening to sue advice seriously needed

the sistuation is this: i resided with someone for 4 months. i asked if i
could stay with her and she said yes for 700 dollars. i told her that i
could not pay 700 dollars and i told her 400 is the highest i could pay.
mind you this is a house that this person does not own and is not in her
name. i paid for two months plus another 170 dollars after i moved out under
my own accord because i found a place of my own. i did not pay the first two
months because i hadnt gotten my second job yet. no rental agreement was
signed and i have copies of checks and withdrawls of the payments i did
make.
she is now threatning to sue me based on lies that she evicted me, that the
amount agreed upon was 700 dollars with 50 dollar late fees and that she had
a witness present. does she have a case with no written documentation or a
witness to anything that was agreed upon?
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Old Nov 29th, 2007, 11:01 AM     #2
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Default Re: threatening to sue advice seriously needed

If there is no written lease or agreement and no witness to the agreement, she will probably be unable to go back and prove the rent was supposed to be $700 per month when you were paying $400 (and have records to show this). However, she may be able to sue you for not paying for the 2 months you didn't pay for while unemployed (no job does not excuse you from paying rent). She may also be able to ask for 30 days rent after you left if you failed to give her the required amount of notice prior to moving out (30 days notice is usually required of an at-will tenant, but this can vary according to state law).

About the late fees, were you paying your rent late? Did you pay on the 1st of the month each month? Do your records show this? Late fees are frequently addressed in state law. What state are you in?

Last edited by OHlandlord : Nov 29th, 2007 at 11:02 AM.
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Old Nov 29th, 2007, 12:07 PM     #3
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Angry Re: threatening to sue advice seriously needed

I was renting in California and i did not pay late. i work to good well paying jobs now and she works at a restaurant barely making 10.00 an hour. I believe she is being a greedy person whom I will never deal with again. I plan to write up documentation that she will have to sign in order to receive the last two months rent and then im going to wash my hands of her! And I gave her notice of my moving out anyway. She didnt have anyone staying with her before and acting as if she is renting out an apartment. Who in their right mind would pay 700.00 a month for 1 room of a shared space? She's ridiculously ignorant and money hungry because she doesn't have money to live comfortably anymore and now she's threatning to get more money out of me that she is not going to get!
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