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My landlord did not apply 3 of my online & money order payments on my current lease of 12 months. The landlord also neglected to charge us 1/2 month at the inception of our current lease which was Sept 2012. Now she wants us to pay for her mistake, that $400 plus dollars a year later, all the late fees, and a random charge of approx $130 that she added to our ledger on 6/30/13 and not notifying us it was there or what it was for. By the way all of this was reflected on the ledger she provided. She is taking all of this and adding it onto the end of our current lease which ends 10/15/13. She has given us a renewal lease finally after I accepted her lease terms, per a formal letter from her, for the new lease year (10/15/2013 - 10/14/2014) coming up over 60 days ago. I have asked for the renewal lease several times but did not actually receive it until five days ago. Other than her questionable charges, I am paid up currently. I have provided her with a spreadsheet showing all of the charges and payments mirroring her ledger and deleted the 3 payments misapplied, but she keeps saying that $550 (approx) is still due on the lease to expire in 11 days. I got a letter today that says if the entire amount is not paid by a certain date, she is going to file eviction. I am very upset over it because after she gave me one copy of my ledger two weeks ago, the one missing my three payment and no charge for 09/2012 (which by the way she forgot she gave me); and a new one today that has been doctored to show the two new charges. I feel this is illegal and intend of contacting Legal Aid on Monday, but curious if anyone with property management experience could shed some light on this matter for me. At this point I don't even want to stay here, because prior to her and the new owner, my account was mismanaged by the old management company. They ended up conceding to false charges (fee's illegally obtained) and refunded the amount they took from me as well as a settlement check. I don't understand how difficult it can be for a property manager to input data (payments & charges) each and every month? Oh one other thing, we were paid 1/2 month in advance so we could pay every two weeks a rent payment. We stayed ahead and could take care of rent to coincide with bi-monthly paychecks. She doesn't want us to do this next term, but I do not see how she can stop us? If I pay rent in advance, so it is easier for us to pay on time, why would a manager not be happy about that?? They have a responsible tenant who pays on time, in fact, 1/2 month ahead. We are quiet, we take care of our unit, and do a lot of communicating in writing. Any thoughts on this issue is appreciated, thank you!
Last edited by renamelnick; 10-04-2013 at 08:55 PM..
Reason: Left out info and corrected typos
what if u gave a 30 day notice instead of 60 how do i get out of it and not get charged
If your lease stipulates a 60 day notice then that's what you're required to give. If you only give 30 days then you're legally bound to pay for the additional month, unless your LL either agrees otherwise or is able to rent out the unit quickly to save you that additional expense. Talk to your LL.
About 3.5 years ago, I leased my townhouse to my best friend's twin daughters, Darlene and Cindy, aged 40 at the time. These girls have Masters Degrees and are by training social workers. I used EZ Landlords Forms and liked it very much. I put down Darlene's new baby as "allowed to live there, too." I knew that they were desperate for a place to live, so I wrote in the lease that they were allowed to have their 9 cats there, too. The sisters signed the lease as they were moving in but never read it, I'm sure, despite my asking them to do so. The first year went by, all went well, except that Darlene's husband whom she was "leaving permanently," followed her from New York, they made up, and he moved in with both girls and the newborn. I put him down on the lease as allowed to live there, too. Please keep in mind that the married couple, Darlene and Jimmy, had lost their house in Long Island, NY and were declaring bankruptcy there, though there were some problems with this, what I don't know. Darlene's husband is a drug addict and has been in and out of rehabs to this day. Anyway, the second year, I handed them the renewal lease, and six months later, they finally signed it,. I kept to the lease totally, replaced things when necessary. They were always late on their rent, currently they are three weeks late. I didn't charge them the fee, because their mother is my best friend. Also, they changed the locks on my townhouse without telling me (against the lease), and for a year I asked for a key to my house. The third year, I didn't bother giving them another renewal, I figured, what's the point, they never read it, and by the time they sign it, it's almost time for the following year's renewal. Meanwhile, last October, the second twin, Cindy got married, and since her new college-educated husband has been jobless, he basically moved in, too. Last week, I told them that they would have to arrange a direct deposit into my bank account with the hospital where Cindy works, so that the rent checks would come in on time. I own a single family house down the street from the townhouse, all in a very nice subdivision outside Charlotte, NC. Well, yesterday, this all came to a head. I went over there for the first time since they moved in. There was a dog living there that apparently has been there for close to a year now. I went there to get my key which I've now got, but all of these people have trashed my house, between the baby, the cats and primarily the dog. The hardwood floors, the wall-to-wall rugs, the walls, everything!! They were very disrespectful to me, blaming it all on the fact that they weren't on a lease, other than a month-to-month now, since the yearly lease has expired. Yes, this sounds worse than a soap opera, and much of it is my fault since I allowed them to do this because of my friendship with their mother and because I never went over to check on my townhouse. They refuse to get rid of the dog. There is no way that they can afford to fix the damage to the townhouse. They can just include me into the bankruptcy that is on again/off again. What are my options, I am a senior who doesn't have unlimited funds! HELP!!
Yes, this sounds worse than a soap opera, and much of it is my fault since I allowed them to do this because of my friendship with their mother and because I never went over to check on my townhouse. They refuse to get rid of the dog. There is no way that they can afford to fix the damage to the townhouse. They can just include me into the bankruptcy that is on again/off again. What are my options, I am a senior who doesn't have unlimited funds! HELP!!
Sorry, it's ALL your fault. You did everything in the book,"How To Be A Stupid Landlord" in triplicate. That said, I suggest you go to Legal Aid and have them walk you through the (quite simple) process of evicting this bunch of creeps immediately. You can pretty much kiss goodbye the owed rent and damages but at least you'll be able to get a judgement against them and may eventually be able to get your money by garnishing their wages. Plus you'll have the added satisfaction of knowing that with an eviction on their records they'll have a very difficult time finding a rental in the future and their credit rating will likely be trashed too. Incidentally, I think you'll find that since you're a senior you'll qualify for free legal help. Check with your local Human Services/Senior Service center. Good luck!
Give them 30 Days notice to vacate. Hire a lawyer and Proceed with an eviction if you must. Get an estimate for the damages. Then take them to court for the damages.
After originally signing a 1 year lease, the tenant continues to live in an apartment and pays rent for over 4 more years. Finally, the tenant decides to move out and sends a 30 day notice with his rent check.
After moving out on March 31st, the tenant receives a letter from the ex-landlord dated May 14th saying that he should have given him a 60 day notice and that since the apartment was not rented out, the ex-tenant now owes the landlord another full months rent.
I was under the impression that after the lease term was up, the tenancy becomes a month to month. Then, if a new lease is never signed, the tenant only needs to give a 30 day notice prior to leaving.
Also, if there was an issue with the length of notice given, shouldn't the landlord have mentioned something to the tenant prior to them moving out, and not waited a month and a half before saying anything?
Anyone?
yes in NJ its month to month after the 1 year lease
but in my lease it mentioned as month to month after 12 month
Wedgiekat, I am sorry, but my eyes refused to read that enormous solid block of text, so I don't know what you wrote.
If the tenants have filed for bankruptcy, all you have to do is to go to the bankruptcy courts and they will give you permission to evict for non payment, or damage, either one. People filing for bankruptcy don't get to stay in a rental without paying.
It will be extra steps for you, but you can get them out.
I suggest that you hire a lawyer who specializes in evictions. They don't usually charge much because they do evictions in mass and charge the bulk rate.
If you put it off, there will be more damage and still no rent payments. It's not like it gets better if you ignore it.
Wedgiekat, I am sorry, but my eyes refused to read that enormous solid block of text, so I don't know what you wrote.
Why respond when you can't read what the question is?
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