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PLEASE PLEASE HELP
My husband and I rented a home from a property management company. We gave a payment towards moving in 6 dys prior to actually moving in for $912.50. At move in, we then gave a check for an additional $912.50 & $1850 to close the deal. Unfortunately my check went NSF. I have a letter from my bank acknowledging that there was fraudulent activity on my account which caused it. We conversed by text and phone and told her that I needed time for funds to be returned per bank, account to be unfrozen and all items to clear. She was very upset and proceeded to yell at me and said I was lying. She then came to my home 3 times with NO phone call prior. When she got here she screamed at my husband outside in front of everyone. She proceeded to threaten my husband and his job as a deputy sheriff by reporting him for being dishonest. After the third visit, we then were visited again unannounced by now the owner of the home. Twice in one day begging me for the money. At this time I was fuming. I told her that our contract was with the property mgmt co and I would send payment as soon as I had it. She then stated that she fired the property management company and the agent and is suing them for accepting a personal check and that she will be forced to do the same to us if I didn't pay her right then. I asked for proof of the contract termination and she didn't say anything. Then I asked if she needed me to then fill out a new lease with her. She ignored the question and asked for the money again, otherwise she had to demand we move out in 3 days. I asked her to then leave. Since then no one will call me back. I have the money but have no idea where or who to send it to. We received by mail a notice of Unlawful Detainer and then the summons from the courts shortly after by delivery. In CA there are limits to the amount of days you have to respond to the courts and I'm almost out of time. In fact it may have passed! I just don't know what to do. My husband has already been approached by his commanding officer to take care of this but we don't know how. His job is everything to him and we have 2 children as well. He's very stressed and I'm worried where we might end up....eviction....lawsuits! I pray that it doesn't happen. So if anyone can help even the tiniest of info could be huge. ..so please respond.
God's Blessings
Have a consultation with an attorney who deals with landlord tenant issues - NOW!
Your contract is with the property management company, not with the LL, until and if you receive proper documentation to the contrary. It's totally unacceptable that the owner would approach you in this fashion.
But that's beside the point. Make an appointment first thing in the morning with an attorney as this is way too much of a mess for anyone here to sort out. Good luck.
You gave someone a very big fat bad check. What did you think was going to happen?
If you did it to me, I would have you out in 10 days (5 days to serve the pay or quit, and the courts don't issue the eviction for another 5 days). Plus, locally, I can get twice the face value of the bad check from you, plus all court costs, plus a bounced check fee..
BS on you can't find anyone to pay. You contact the management company, you contact the landlord whose name is on the eviction notice, you contact the court system that issued you the notice. There are plenty of ways to find out how to pay.
You gave someone a very big fat bad check. What did you think was going to happen?
If you did it to me, I would have you out in 10 days (5 days to serve the pay or quit, and the courts don't issue the eviction for another 5 days). Plus, locally, I can get twice the face value of the bad check from you, plus all court costs, plus a bounced check fee..
BS on you can't find anyone to pay. You contact the management company, you contact the landlord whose name is on the eviction notice, you contact the court system that issued you the notice. There are plenty of ways to find out how to pay.
Did you NOT READ this?
" I have a letter from my bank acknowledging that there was fraudulent activity on my account which caused it."
What I read it that it is the 11th and she still has not paid her first month's rent.
If she moved in on the 1st, she is 11 days late. But since she has already been served the unlawful detainer, and later a summons, and that her time to respond is probably up, I suspect that she is much more than 11 days late with the very first month's rent.
Bank error or not, you make the check good, pay the rent, apologize profusely, and don't wait for the bank to get it straightened out.
By the way, the few times my bank has made an error with my account, they straightened it out right as I was standing there talking to the manager. Right then. On the spot.
You do not give the landlord a bad check for your move in money and then refuse to make the check good. It is not done; it is bad judgment and it has serious consequences.
The op,s husband earns a decent living with excellent benefits. Im sure they can work things out with the landlord. The downside is the landlord may not trust them again (at least for quite awhile). I know crap happens so thats why i believe the op.
Your rent check bounced...it doesn't matter who, what, where or why it bounced, what matters is that you make the check good ASAP. As in, as soon as you knew it was returned.
Get that rent paid today (including all the fees) and include that letter from the bank so they can keep it in your file as an explanation as to why the rent was late.
I've had the bank make errors on my account which caused checks to bounce, but that didn't mean I didn't have to a)make the checks good ASAP and b) pay all associated fees.
The op,s husband earns a decent living with excellent benefits. Im sure they can work things out with the landlord. The downside is the landlord may not trust them again (at least for quite awhile). I know crap happens so thats why i believe the op.
yes, this stuff does happen. But, that doesn't mean rent isn't due when it's due.
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