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We signed a lease and the rent is 2000 a month stated ont he lease. After that the apartment manager said we could jusy pay $1950 per month since we are renewing.
So we go on to pay $1950 per month contionusly for an year.
Until the last month, today, when we were tyring to check out. The manager completely forgot what he told us and asked us to pay the $50 dollars back which is about $600 total.
---------------- continued
We went to the office again to disscuss with the manager next day. He made us waitting about 40 minutes while talking to his girlfriend on the phone. We asked him a formal notice of $600 dollars. He printed out a copy of "3 days to rent or quit to us."
It says we can pay the full rent or leave in three days with all of our stuff or we will be sued.
The notice says the rent is NOW DUE $1080$ which includes the late fees ($30/ month). I find it somewhat ridiculous cuz our lease is endding in two days.
We told him we never received a formal notice about this. We thought you already told us you would accept $2070 and you informed us about this.
The mananger insted informed me he gave us three notices already, one in Jan, one in March, and one in May. I swear to God that no one in our apt ever saw this notice.
I didn't try to argue with him, I told him I might need a payment plan if this is for real nicely and I told him we are just international students here to study and we dont have much money. I told him please not to bring this to court and give us some discount if this is for real.
The manager started to offer us a payment plan of $600 dollars (written on the back of the three days notice copy of his) cuz he pitys us. I asked for a copy before I signed. He refused and got all angry and told me not to paly games with him........... He told me : I will send this to collcetion if this is what you want. Either accept the $600 offer or be ready to go court to pay $1080.............
What should I do here guys? I am planning to just leave and follow the 3 days notice. Is anything going to happen to us if we do that? But we feel we also have the right to get our $700 hundered deposite back. (The manager already told us he is goign to take like $500-600 dollars for the excuses he created)
Thats the first mistake, the lease should have been changed with his signature. Without any proof of the new rental payment you owe him the $600 plus late fees.
Do not sign, He can not deny you a copy of what you owe and agreed to repay in writing with your signature .
3day notices preceed the landlord filing an eviction in court.
Notices must be mailed, a landlord will protect themselves with proof of mailing or certified mailing for court, state landlord/tenant law has to be followed.
A landlord who seriously intends to evict you, doesn't send notices on 3 seperate random months. That explains why you've haven't seen them, it never occured.
The 3day at the very end of the lease is to force you to sign an agreement or pay in full before he'll extend you a future contract.
Should you leave, In some states late rental payments and late fees can be deducted from the security deposit, so either way he plans to get the $600.
The most common disagreement between landlords and tenants is over the refund of the tenant's security deposit after the tenant has moved out of the rental unit. California law therefore specifies procedures that the landlord must follow for refunding, using, and accounting for tenants' security deposits. California law specifically allows the landlord to use a tenant's security deposit for four purposes:
For unpaid rent;
It seems as though ther may be deceptions on his part, you really do need legal advise quickly.
Post any outcome on the situatuion.
No .. the weired thing is that the professional management apartment (supposed to be) told us we could pay $2070 (No written aggrement) when we are handining the check the first month and they kept accepting it wihout any comment. Last month when I was checking out if we paid the last month rent, the manager told me we owe rent. He then changed the monthly rent from $2010 to $2000 on the original copy of the lease in order to give us a dicscount deal (I found out this after comparing my original lease and the second lease) . Well it looks like I might just as well to pay the $600 to save my day?
No .. the weired thing is that the professional management apartment (supposed to be) told us we could pay $2070 (No written aggrement) when we are handining the check the first month and they kept accepting it wihout any comment. Last month when I was checking out if we paid the last month rent, the manager told me we owe rent. He then changed the monthly rent from $2010 to $2000 on the original copy of the lease in order to give us a dicscount deal (I found out this after comparing my original lease and the second lease) . Well it looks like I might just as well to pay the $600 to save my day?
Protect yourself so this does not happen in the future, unless you want to move, there is no choice but to pay the $600 if you want a new lease, in fact if you don't take steps to a resolution ASAP you may find an eviction notice on your door.
Rental payments not payed in full each month are charged late fees.
Late fees will carry over from month to month, this would explain the $70 tacked onto the rental payment of $2000??
Get hand written receipts for the rent if paying in person. Keep receipts for all monthly rental payments.
Any changes made to the lease e.g. rental payment amount, both the landlord and the tenant have to agree to, with both of your signatures and date. This includes the copy you keep for your records.
No .. the weired thing is that the professional management apartment (supposed to be) told us we could pay $1995 (previous # should be replaced with this)when we are handining the check the first month and they kept accepting it wihout any comment. Last month when I was checking out if we paid the last month rent, the manager told me we owe rent. He then changed the monthly rent from $2010 to $2000 on the original copy of the lease in order to give us a dicscount deal (I found out this after comparing my original lease and the second lease) . Well it looks like I might just as well to pay the $600 to save my day?[/quote]
what happen if the manager changed the numbers on the original lease without letting us know? is the lease still considered to be valid as the "original" lease?
Thats the first mistake, the lease should have been changed with his signature. Without any proof of the new rental payment you owe him the $600 plus late fees.
Do not sign, He can not deny you a copy of what you owe and agreed to repay in writing with your signature .
3day notices preceed the landlord filing an eviction in court.
Notices must be mailed, a landlord will protect themselves with proof of mailing or certified mailing for court, state landlord/tenant law has to be followed.
A landlord who seriously intends to evict you, doesn't send notices on 3 seperate random months. That explains why you've haven't seen them, it never occured.
The 3day at the very end of the lease is to force you to sign an agreement or pay in full before he'll extend you a future contract.
Should you leave, In some states late rental payments and late fees can be deducted from the security deposit, so either way he plans to get the $600.
The most common disagreement between landlords and tenants is over the refund of the tenant's security deposit after the tenant has moved out of the rental unit. California law therefore specifies procedures that the landlord must follow for refunding, using, and accounting for tenants' security deposits.
California law specifically allows the landlord to use a tenant's security deposit for four purposes:
For unpaid rent;
It seems as though ther may be deceptions on his part, you really do need legal advise quickly.
Post any outcome on the situatuion.
I'm not sure I understand what you mean by "first lease" and "second lease".
Changing the rental amount from $2010 to $2000 is in you favor, however, legally it would need both the landlords signatures, your signature and the date the new amount would begin, Nor can the management office tell you verbally you're being discounted to $1995, for it to be legal, that amount would have to be changed on the rental agreement, again, both signatures and date to be valid.
Definitely not a professional group of people you're dealing with in the managemnt office.
Last edited by virgode; 09-02-2010 at 06:21 AM..
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He told me : I will send this to collcetion if this is what you want. Either accept the $600 offer or be ready to go court to pay $1080............. 
.. the weired thing is that the professional management apartment (supposed to be) told us we could pay $2070 (No written aggrement) when we are handining the check the first month and they kept accepting it wihout any comment. Last month when I was checking out if we paid the last month rent, the manager told me we owe rent. He then changed the monthly rent from $2010 to $2000 on the original copy of the lease in order to give us a dicscount deal (I found out this after comparing my original lease and the second lease) . Well it looks like I might just as well to pay the $600 to save my day?
correction
