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Hello. I have a past due balance from my 2011 and 2012 lease with my landlord due to being unemployed at certain times during those two leases. We never had a written agreement as to when this balance would be taken care of because I would put an extra $100 or so in with the rent. My landlord is also the owner of the building and is neglectful with his books and the building itself so that would explain him not evicting me two years ago when I was originally past due if you were wondering...
Anyway he had left me a voicemail in late September asking for a written agreement for the remainder of the past due balance from those previous leases, I was away at work out of state so I come home and find a letter stating that I have to be out of my apartment and that the only way to stop the eviction is to pay the entire balance which is around $2,000 and I cannot afford that. This was a hand written letter, nothing has been filed legally in court, no 3 day quit or vacate either.
I am wondering what my options are, I am not past due this month or at all this year (2013) and I cannot afford to pay two thousand or find another apartment by next week. Do I have any legal basis here? I live in Minnesota.
I have a past due balance
We never had a written agreement as to...
...I would put an extra $100 or so in with the rent.
left me a voicemail in late September asking for a written agreement for the remainder
I am wondering what my options are...
Start with what is WRITTEN.
In addition to *any* correspondence on the matter compile all of your payment records.
Then promptly submit what you believe (and can justify) your remaining balance to be.
Actually, you are past due. The rents you have been paying first applied to the past due amount. You are behind. Have you added $100 to every month's rent in the past two years?
Actually, you are past due. The rents you have been paying first applied to the past due amount. You are behind. Have you added $100 to every month's rent in the past two years?
I specifically write in the memo box of the check each month "for October's rent only" or "for September's rent only" etc and I keep past due balance payments separate with "previous rent payment" in the memo line on the months I can afford to pay extra with no complaint until now.
I assume if he is endorsing the check's and presenting them that he is agreeing to how I have it setup, even in his eviction letter it doesn't say anything about current rent, he has it down with his signature that it's from previous leases.
1 he has to do it by the books and the law..
2 get your papers out and ALL check copies and
3 be ready for him to take you to court ..
4 he cant just evict on his demand it has to go thru housing court and Mn isnt easy to play games with so having YOUR copies all in order and in a folder is gonna protect you .. AND any checks with that extra 100$ or so you gave him should be marked in a extra envelope .. remember this is for YOUR protection
I specifically write in the memo box of the check each month "for October's rent only"
or "for September's rent only" etc
You don't get to make that determination.
Many leases will describe it specifically... but even when they don't it is commonly understood
business practice that payments are credited against the OLDEST balance first.
Quote:
I assume...
Nope... doesn't work that way.
If you had an agreement about how the old balance was to be paid off...
Going into the future you may have that. But not yet.
In addition to *any* correspondence on the matter compile all of your payment records.
Then promptly submit what you believe (and can justify) your remaining balance to be.
Go from there.
The only thing I have my signature on during the past due periods are the 2010-2011 and 2011-2012 one year lease's, never wrote a promissory note nor does my current lease mention a balance forward.
No email or notes or letters? oh well
Still, what really matters are the cancelled checks showing how much has been paid.
Dig them out, add it up then write it out in a clear accounting.
Jan 2011 Chk # 4567 $837.00
Feb 2011 Chk # 4593 $837.00
Mar 2011 Chk # ---------------
Many leases will describe it specifically... but even when they don't it is commonly understood
business practice that payments are credited against the OLDEST balance first.
Nope... doesn't work that way.
If you had an agreement about how the old balance was to be paid off...
Going into the future you may have that. But not yet.
But would a past due balance from a previous lease still be in effect after a new lease is signed? I get he can file in small claims court but an eviction on a current lease?
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