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Omg, what is with you people???enough with the negative comments already!!!! It's over already... Who are you to judge me????? I hired a lawyer who's going to handle this for me,no need tobe rude.... You guys are taking this way to serious, as if you're getting paid to harass me... It's uncool and uncalled for
You said you missed January 2012 but then paid on time from February on. You claim the LL said he'll use your security deposit for the missed month.
You said you then missed January 2013.... WHY are you missing the January rent 2 years in a row? Weird.
Please know that even though you think you were paying Feb on through and wrote that on your checks, those payments were being applied to the January payment you missed.
You said you moved in giving 1 months security and 3 months' rent. Okay, so how could he be evicting you now? If you have 3 months' rent credit (really 2 since one of those is for the first month), how is he evicting you?
How can you just skip the month assuming there would be no consequences? Did you at least contact the landlord to explain you were going through hard times and could reassume payments in a month? While I don't agree with the landlord posting a judgement that you owed money like that, I don't know how YOU didn't know you had to pay missed payments. Hopefully your lawyer can work this out for you. But from now on, make your payments on time.
Your lawyer won't be able to make the court think you paid rent that you didn't pay, so you still owe a month's rent whether you get evicted or not. Hiring a lawyer doesn't void your obligations to pay under the lease. Don't get surprised - you should make plans to move if you don't think you can make up the missed rent very, very soon.
As for your post about us allegedly harassing you by not excusing your actions: you knew rent was due every single month, including January. You skipped a month, you didn't make it up and now you're facing serious consequences. That's to be expected! There's nothing "negative" or harassing about us spelling out the basic facts for you. Facts are facts.
Let me tell you how this all went down. January 2012, I missed out on my rent payment.. I didn't think nothing of it but to assume my landlord wouldn't mind the rent being late. So I sent a check for feb,mar,apr,may,Jun,Jul.( I still didn't send in January)July 2012, i get a strange notice saying I owed about $3000, plus another $750 for legal fees.. I rush over to my landlord office asking what this letter was about, he looked up my info, and then said that letter wasn't meant for me. Strage because I had my name on it. So he told me we still didn't recieve your rent for January, so I did you a favor and applied one of ur security desposits for the amount of $1200.. He goes on to say that I didn't owe anything, and my account is in good standing.. FYI I was never notified that I had to pay the security desposit back, since getting my apartment, I had to pay three months rent and one months security... Fast forward to January 2013, I once again miss January, and end up paying February's rent.. Fast forward to march 1st, I get home after a long night at work, to see this humiliating stack of papers saying Notice Of Petition/Non Payment Dwelling.. Then it says please take notice that the annexed petition of OC. Co, verified February 14,2014 requests a final judgment of possession, awarding to the petitioner possession of the premises, etc. then is says I have a judgment against me in the amount of $4,350 with interest from December 2012.then it says that I have to answer, I just got this on Friday, it's dated from valentines day.. I have a feeling I'm being evicted illegally, because I was never properly notified about me having to pay the back rent
I am confused. Did you live there in January? If so, why didn't you pay? I am sure that you expect payment on pay day, right?
Yes. This person is not a member of the landlord's family. Why does he expect to go rent free - for whatever time? The landlord is in business. He offers space for a fee. Not paying the fee is theft.
If this person has a court ruling against him and has to leave, will the ruling against him be made available to the next building he applies for tenancy in? Do they ask on applications for a recommendation from your last landlord? I don't know these things, but I'd be very careful if I were this poster.
Yes, it does sound as though the landlord may have liked this tenant for whatever reason and had started proceedings and that the super (who did him a favor) knew all this and just didn't want to be hassled.
Its ppl like the OP who make it difficult for everyone else. You need to know what your priorities are. Its folks like you who abuse the system and make it hard to be a good LL. Landlords also have bills to pay on time. Put yourself in their shoes.
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