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Old 05-20-2014, 08:45 PM
 
Location: MMU->ABE->ATL->ASH
9,230 posts, read 18,550,998 times
Reputation: 10201

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Email is not Proof. How do you know she got it? How do you know it did not get caught by the ISP spam filter, her spam filter.

You want Proof.

USPS Certificate mail, return receipt requested. and 2nd USPS 1st class mail mailed same day/time with proof of mailing.

If she signed for the Certificated mail you know she got it. If she refuses it and the 1st class mail does not get returned, you have proof.
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Old 05-20-2014, 09:14 PM
 
4,715 posts, read 9,410,492 times
Reputation: 2171
I can set a delivery and read receipt for my emails... But it still doesn't prove who opened the email and read it.

For court purposes I agree with you Flyonpa.
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Old 05-21-2014, 06:39 PM
 
6 posts, read 9,376 times
Reputation: 10
As I said, I gave my official notice by letter. For everything else, I have her replies - and email holds up in court. Most of the (government) offices I've worked for have had their entire email accounts seized for evidence in lawsuits.

None of this is the point of my question - how do I know if the rental is a "legitimate" apartment, and whether she is running a legitimate business? Are there even requirements in Alaska for such a thing? My suspicion is that she is dodging reporting taxes on this particular rental since she asks for everything in cash and I don't have a mailbox.
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Old 05-21-2014, 07:46 PM
 
Location: Dangling from a mooses antlers
7,305 posts, read 12,935,182 times
Reputation: 6180
Quote:
Originally Posted by ak2163 View Post
Thanks everyone! I did pay the May rent, just in case there was a change of getting an eviction on my record. I'm not American and so I have a very short credit and rental history here in the US, and can't afford any bad marks. I paid it by check, at least, so it's a bit more official. I was wondering about the lack of mailbox, and yes, utilities are included. But I've been unable to find anything about what constitutes a legal rental in Alaska. Does anyone know what the legislation is about this?

The market is slow right now and it looks like the apartment won't get rented by June... So, now I may be out that extra rent in the deposit, but at least she can't harass me for anything. But, if it turns out she is renting an illegal apartment, I'd like to report her. She has been less than nice to me, and Fairbanks is so full of these shady dealers.. I wish the city would crack down on them already.
Yes, I posted the link above. It takes you to the official Landlord Tenant Act for the State of Alaska.
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Old 05-21-2014, 08:18 PM
 
4,715 posts, read 9,410,492 times
Reputation: 2171
Quote:
Originally Posted by ak2163 View Post
As I said, I gave my official notice by letter. For everything else, I have her replies - and email holds up in court. Most of the (government) offices I've worked for have had their entire email accounts seized for evidence in lawsuits.

None of this is the point of my question - how do I know if the rental is a "legitimate" apartment, and whether she is running a legitimate business? Are there even requirements in Alaska for such a thing? My suspicion is that she is dodging reporting taxes on this particular rental since she asks for everything in cash and I don't have a mailbox.
Notify the IRS...
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Old 05-22-2014, 11:23 AM
 
6 posts, read 9,376 times
Reputation: 10
Thanks, stiffnecked. I've been looking at that particular document quite a bit, and only came here because I couldn't find answers specific to my problem.

I was specifically asking about what Metlakatla said, that if it is not zoned it is an illegal apartment. I don't think there are zoning laws about that in Fairbanks. I looked at a zoning map and downtown is only divided into residential and business, as far as I can tell, though the Borough map is pretty vague. I think as long as there is an agreement, it can be rented out.
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Old 05-22-2014, 11:58 AM
 
Location: Dangling from a mooses antlers
7,305 posts, read 12,935,182 times
Reputation: 6180
Quote:
Originally Posted by ak2163 View Post
Thanks, stiffnecked. I've been looking at that particular document quite a bit, and only came here because I couldn't find answers specific to my problem.

I was specifically asking about what Metlakatla said, that if it is not zoned it is an illegal apartment. I don't think there are zoning laws about that in Fairbanks. I looked at a zoning map and downtown is only divided into residential and business, as far as I can tell, though the Borough map is pretty vague. I think as long as there is an agreement, it can be rented out.
As long as the agreement is in writing. That's what is required under the Alaska Landlord Tenant Act. However, even without a written agreement the landlord cannot throw you out, lock you out or evict without giving proper notice, etc. as required under the Act. Alaska Landlord Tenant Law tends to favor the tenant in such cases. Before I retired from the Troopers we served the evicition notices and conducted evictions if needed after the Landlord had been through the court system.

In a nutshell if you came home and the landlord had moved all your stuff out without going to court and going through the process you could call Fairbanks PD or AST for assistance. They'd tell the landlord they had to return the unit to you and not harass you until they had the proper court notice.

Your best course of action though is to probably find some place else to live. It'd just make life easier.

***I will add that even without a written lease agreement the Alaska Landlord Tenant Act is still binding on the landlord. Their acceptance of payment for lodging would bind them to the act.
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Old 10-12-2015, 08:56 PM
 
1 posts, read 557 times
Reputation: 10
I think my husband who is there for work is renting from the same woman. I would like to know how your situation was resolved? She is changing terms of lease as she goes and now we cannot come visit from texas for more than 3 days and will have to pay an extra $20 a day if we do. She also wants him to let her know when he is staying there and when he is away since he travels for his work. None of her business at all. Things are just getting weirder and weirder and he wants to move out so we would like to know if she was able to take you to court? She told my husband about her last renter when she changed the terms about guests and it sounds alot like your situation but what she told my husband is that she was still in court proceedings and since i think her apt is illegal i was wondering if she was just bluffing. Anyway, if you see this please let me know what happened in your situation as we are about to gothrough the same thing.
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Old 10-15-2015, 01:47 PM
 
Location: Interior Alaska
2,207 posts, read 2,197,533 times
Reputation: 1981
Quote:
Originally Posted by ak2163 View Post
I am wondering what my rights are under a situation where I gave 30 days written notice for early termination of my lease to my landlord, citing that I am unhappy with her attempts to modify the lease to prevent me from having any overnight guests in my apartment. I asked that my pre-paid "last month's rent" be applied to this month, and she did not respond yes or no, although she did acknowledge receipt of the letter.

I am renting the top floor of her house, where she lives and runs her rental business. The landlord requires that I pay all my rent in cash. I have no personal mailbox, but have to get mail delivered to her address, after which she brings it to an unofficial mailbox at the back door.

I had my boyfriend stay over a couple nights a week, and after a few months, with no notice, she charged me $200 for his visits as an "extra tenant" in the building, under the that any guest staying longer than 7 days will be charged $15/day, up to a maximum of 3 weeks. I refused, explained that he had never stayed more than a single night in a row, and she modified my lease to say that no one could visit more than one night a week or I would be charged. I signed it, hoping I could ride out the lease and just leave.

It is now the 7th of the month. She is claiming I am abandoning the property and wants me to move out TOMORROW so she can re-rent it. She is also claiming I have failed to pay my rent. I know I am liable for rent until the apartment is rented out, but given her shady business practices, I am 80% sure that I will never see my deposits again even if she does. Should I just pay the rent regularly, and file a small claims court if she doesn't give the deposits back? Have I already lost my right to file a claim by "not paying rent" when I thought it had been settled all along?
Funny, I think I almost rented that place. It's a log home she runs her business out of and it's on the river, right? It is unfortunate that you signed the modified lease, but I'm sure you don't need me telling you that. You should read the Alaska Landlord Tenant Act (below). I have not looked it up, but here is my take on the situation: You gave her a letter giving 30-days notice and stating your last months rent was to pay for this month's rent. So you DID pay your rent! She acknowledged receipt of the letter but did not provide you with an answer. I hope you kept copies of the letter you sent her in case this nut takes legal action. She cannot evict you "tomorrow," but if I were you I would be looking on Craigslist for a new place, and be out of there by the end of your 30-days notice. It is a MAJOR pain in the ass to get the troopers to come evict someone and she knows that, so she is just trying to scare you. Not to mention that she doesn't even have any legal grounds to evict you. I would ignore the sh*t out of her and work on getting a new place.

Alaska Uniform Residential Landlord & Tenant Act - Consumer Protection Laws

I don't know about your deposit... I'd look it up in the Alaska Landlord Tenant Act. Or maybe someone here who's smarter than me would know. As far as the lease goes, she terminated it herself when she sent you the eviction notice!

-------

Dammit, I hate it when I don't notice that old posts have been dredged up!
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