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Landlord harrassing me to move early

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Old Feb 26th, 2008, 01:16 AM     #1
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Default Landlord harrassing me to move early

Hello all,
My landlord claims their son (lives with me) feels afraid of me and thus wants me to leave. Whether or not this is true, they have offered no proof of this. I have a lease for another 5 months and they are trying to tell me to be out in 3 days!They have provided no written notice, yet called my parents (despite me being a 24year old adult) and hinted that they would have me arrested by claiming that I am threatening their son. (I am not). Again, no proof here of that. I told them I would leave, but need time to find a place. (I do not wish to be here anyways). I feel this is unreasonable. Their son has been trespassing in my room when I am away as well. What are my rights?The landlord hasnt actually said ANYTHING to me, yet has her physically large, intimidating husband call me and tell me to get out, NOW.
Help?
Thank you,
Matt
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Old Feb 26th, 2008, 01:19 AM     #2
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Default Re: Landlord harrassing me to move early

BTW-I have paid all rent on time. Rent is due in a few days, what do I do?I doubt they will accept it because they dont want me here. How do I prove they refused it?
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Old Feb 26th, 2008, 10:07 AM     #3
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Default Re: Landlord harrassing me to move early

Attempt to pay your rent on time as usual. Have a witness to prove you attempted payment. (They have no reason to not accept rent if no notice has been issued.) If they have not given you any written notice to be out, you have not been legally served with a termination and may stay in the unit. No LL can just tell a tenant on a lease to get out. They must terminate the lease by legal methods. If they want to negotiate with you a termination of your lease, let them know that you will terminate at their option IF:
-They give you 30 days written notice to vacate.
-They give you a signed paper saying you are no longer obligated to any term of the signed lease. (Meaning they can't hold you accountable for future rents, etc.)
-They return 100% of your deposit (and get this in writing) when you return the keys.
If they refuse your requirements, then continue to pay your rent and live there. If the sone was truely afraid of you and you were threatening him, he could get a restraining order against you and that would remove you from the unit. (I assume there have been no incidents of violence, no police calls, etc?) If all is as you say, they have no legal reason to not acept your rent. They have no reason to deliver a quit notice, or file for eviction. They must terminate your lease in writing if they want you out. Also, why can't you change your normal doorknob on your bedroom to one that locks with a key? (Takes 10 minutes and 4 screws. You can replace it with the normal doorknob when you vacate easily.) You will have to provide the LL a key to this room, but not the roommate.
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Old Feb 28th, 2008, 09:59 PM     #4
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Default Re: Landlord harrassing me to move early

Hello,
thank you for the reply. Wouldn't their son, (my roomate), need proof that I am threatening him? Or in other words, what would keep him from frivolously calling the police just to get me out of here? There have been no acts of violence. No police calls, no witnesses. These people are really messed up, and that is the problem. They dont want me here, and hinted about getting police involved in the alleged "threatening of their son".

The father is NOT on the lease, yet calls to tell me that he wants me out. He is large and I feel threatend by him. What should I do about him? I want to leave as well, but how do I ensure I do not get screwed over? They are attempting to keep part of my deposit claiming I owe them utility money and claim their son did not use the utilities and thus they are owed by me. I pay my overages fair and square, but how can they "claim" their son does not owe as much as me? (We split them together).

If I tried to take them to court to get my due, they could easily just call my bluff, and tell the judge they will hold up to the lease and allow me to stay. They are making it VERY uncomfortable here for me. What are some things to have handy in order to make sure this works out for me?

Bottom line here: None of this is legit. I have 5months more on my lease! It just works in their favor that "I" want to leave as well. But how do I make sure that I get whats mine too? They emailed me a termination agreement for me to sign, but it was totally in THEIR favour and totally against mine. It was construed to suggest "I" was the bad guy. It was like a plea bargain! Jeeze! They obviously dont want to make it easy, or civil. They want to screw me over here. I have a new place to move, and need to make that official with the people, but cannot put myself in a position to hurt myself. How do I look out for my best interest here?


Thank you,
Matt
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Old Feb 28th, 2008, 10:02 PM     #5
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Default Re: Landlord harrassing me to move early

I forgot to mention, I live in florida.
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Old Feb 29th, 2008, 09:24 AM     #6
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Default Re: Landlord harrassing me to move early

Refuse to sign their agreement and return a letter to them stating that you will only terminate if the conditions listed above are written into the termination agreement. The only way the son could get a restraining order against you (which would be needed for proof of his fear of you) would be to have legitimate police reports showing that threats werte made. Sine there are none, he can't get one and has no proof. Thus he can't use that excuse to force you out. If the police did show up, show them the termination letter they sent you and explain to the police that they are trying to force you out and you have made no threats. They will not arrest you without proof. It is a bluff. Make a copy of that letter now and keep it in a safe place (work, car's glove compartment, relative's house). Keep one copy in your wallet.

Don't answer the phone at the house and look at the caller ID on your cell phone. If it is the father calling, fail to pick up and let him leave a voice message. Save the voice messages he leaves as evidence that they are trying to force you out. Don't talk to the father at all. If he continues and it escalates, file a police report on his threats.

Does your lease say the two of you split utilities evenly? If so, and they try to retain the deposit for utilities, you can sue them in small claims court, show your lease, and make them show the court the utility bills. Whether he uses the utilities or not, if the lease says you are only responsible for half, that is all you must pay. Remind them of this clause in the lease. Make a copy of your lease and put it in a safe place too. The lease and the termination letter could "disappear" from your room. Having a copy somewhere else protects you.

Do not sign a lease anywhere else for now. Continue to stay, pay rent, and live at the unit as normal. Once they get March's rent on time, they will know their bluff didn't work and may decide to come to terms with you. It will be uncomfortable, but you need to show you are trying to live up to the term of the lease you signed. Good luck.
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