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Old 04-10-2011, 07:28 AM
 
3 posts, read 7,575 times
Reputation: 11

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my rent was stolen from the rental office and i filed a police report now he is sending voicemail saying i would hate to see your stuff on the road, coming to my work if i am a day late on paying the rent, threatened to put locks on the doors....how do i break the lease with this guy?
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Old 04-10-2011, 07:30 AM
 
2,728 posts, read 7,347,655 times
Reputation: 1060
wow If he threatens you, call the police. If he changes the locks, call the police.
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Old 04-10-2011, 07:32 AM
 
3 posts, read 7,575 times
Reputation: 11
i did report it, and i know he can't kick me out without taking it to court. and the tenant laws say i can break the lease because of harassment but is this enough.
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Old 04-10-2011, 07:34 AM
 
Location: Beautiful Rhode Island
6,789 posts, read 11,052,809 times
Reputation: 6746
Your rent check was stolen or did you pay in cash???
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Old 04-10-2011, 07:40 AM
 
3 posts, read 7,575 times
Reputation: 11
we normally pay in money order but have paid in cash in the past, my husband paid in cash this time cause he had the kids in the car and didn't want to get out and get a money order with the 3 year old and 1 year old in the car. but we drop it off at the realty office she owns.
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Old 04-10-2011, 08:56 AM
 
Location: Clifton, Va
262 posts, read 501,886 times
Reputation: 101
Seems like if it was stolen from HER office, it would be her problem. Did your husband get a receipt? If I were you, I think I would just make sure the rent was paid a day or two before it is due. That way she wouldn't have any reason to harass you at your work place. Hopefully, you don't have too much time left on your lease.
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Old 04-11-2011, 08:03 AM
 
Location: Beautiful Rhode Island
6,789 posts, read 11,052,809 times
Reputation: 6746
If your husband didn't get a receipt then you have no leg to stand on because you have no proof of payment.

If you don't pay up, they can start eviction procedures.
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Old 04-11-2011, 08:27 AM
 
5,329 posts, read 6,119,899 times
Reputation: 2619
In the case you have described, I'd say no. My comments are based on assumptions, which if wrong, please disregard.

Assuming:
  1. You or your husband did not get proof of payment, and maybe made payment with no face-to-face with an employee (using drop-box, sliding through door, etc).
  2. Theft was not discovered or reported by the landlord's office, but by you after being told you hadn't paid rent.
If you did not receive any receipt or proof of payment, I would think that you are still responsible for payment of April's rent. I do not think the landlord is obligated to forego rent while an investigation proceeds, unless it was a theft they discovered, acknowledged, and reported.

The landlord can take certain steps to collect payment or terminate the lease. Your landlord's actions seem unprofessional in my opinion, but so far he hasn't interferred with your use of the premises, correct? He's within his rights to notify you in writing of non-payment, and if after 5 days of your receipt of notice, you still haven't paid, he can terminate the lease and begin eviction procedings. Has he not served you with written notice?

Your claim that you paid rent but it was stolen can be used as a reasonable excuse for non-payment in the event the landlord sues you for legal fees in the course of an eviction, but without proof, it may or may not be accepted by the court.

I don't think the landlord's current actions are grounds for you to terminate the lease. Just because he's annoying you and not being understanding or patient about your situation doesn't IMO constitute breach of lease on his part. He's within his rights to demand immediate payment of rent, and he can outline contractual and legal repercussions for failure to pay, including termination of lease and eviction. The landlord cannot restrict your access to the premises without a court order, but he can get that court order now.

And which tenant laws are you referring to? The VRLTA refers to harassment only in the case of a landlord entering the premises in an unreasonable manner and using the right of access to harass you, but in what you've described, he's not walking into the premises unannounced or inconveniencing or harassing you by doing so. Phoning you to demand payment of late rent is not addressed as a type of harassment.

Last edited by robbobobbo; 04-11-2011 at 08:39 AM..
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Old 04-11-2011, 07:53 PM
 
Location: Northern Virginia
274 posts, read 595,575 times
Reputation: 99
It's just fishy enough to warrant many responses. Your assumptions would be where I'd be inclined to go ...


Quote:
Originally Posted by robbobobbo View Post
In the case you have described, I'd say no. My comments are based on assumptions, which if wrong, please disregard.

Assuming:
  1. You or your husband did not get proof of payment, and maybe made payment with no face-to-face with an employee (using drop-box, sliding through door, etc).
  2. Theft was not discovered or reported by the landlord's office, but by you after being told you hadn't paid rent.
If you did not receive any receipt or proof of payment, I would think that you are still responsible for payment of April's rent. I do not think the landlord is obligated to forego rent while an investigation proceeds, unless it was a theft they discovered, acknowledged, and reported.

The landlord can take certain steps to collect payment or terminate the lease. Your landlord's actions seem unprofessional in my opinion, but so far he hasn't interferred with your use of the premises, correct? He's within his rights to notify you in writing of non-payment, and if after 5 days of your receipt of notice, you still haven't paid, he can terminate the lease and begin eviction procedings. Has he not served you with written notice?

Your claim that you paid rent but it was stolen can be used as a reasonable excuse for non-payment in the event the landlord sues you for legal fees in the course of an eviction, but without proof, it may or may not be accepted by the court.

I don't think the landlord's current actions are grounds for you to terminate the lease. Just because he's annoying you and not being understanding or patient about your situation doesn't IMO constitute breach of lease on his part. He's within his rights to demand immediate payment of rent, and he can outline contractual and legal repercussions for failure to pay, including termination of lease and eviction. The landlord cannot restrict your access to the premises without a court order, but he can get that court order now.

And which tenant laws are you referring to? The VRLTA refers to harassment only in the case of a landlord entering the premises in an unreasonable manner and using the right of access to harass you, but in what you've described, he's not walking into the premises unannounced or inconveniencing or harassing you by doing so. Phoning you to demand payment of late rent is not addressed as a type of harassment.
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