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I suppose I am just looking for some advice. 5 years ago I rented a duplex from an elderly lady. My lease was for 12 months and after it was up she renewed me for another year. She did an inspection every 4 months and everything was fine each time, we would chat about our common interest in Stephen King, I was late on rent twice in the time I was there by a day or two (she had no grace period, even on holidays, so if I paid on the 2nd it was late, sometimes if it was a holiday I was forced to wait until the next business day to get my money) but paid my late fee each time. During the 2nd year I was there however, her daughter moved to the city to help her run her real estate business.
As soon as she became in charge strange things would happen. I got a letter saying that they "knew" a child was living in my home because one of their employees drove by and saw a kid in my backyard. I don't have kids. The neighborhood kids would often play in my backyard, I'm sure it was them but I definitely never had a child living there. When I called to question the letter they acted like they didn't know what I was talking about and said they never sent a letter. Ok... I dropped it.
Then one day my dishwasher was making a funny sound, so I stopped running it and called the landlord's office. They had a man come out the next day and he looked at it, said he couldn't find anything wrong with it, started it up and it worked fine. I apologized for wasting his time and he left. Then a week later I got a bill from my landlord for over $200 for dishwasher repair. I called and talked to the landlord's daughter and she was extremely nasty to me saying that the man said he did a "full flush repair" and that means it's the tenants fault and he's been their family friend for decades so why would he lie. I didn't have an answer for that, all I knew was that he didn't do anything to the dishwasher, he even said that day as he was leaving "I'd rather come out to a call that turns out to be nothing instead of something because I've got a busy day ahead of me".
A month or so after that, randomly one day there was a knock at my door from the gas company. They were doing mandatory equipment inspections in the neighborhood and needed to make sure my water heater was up to code. I let them in and inspect, they said that the water heater was missing a drainage-something I don't remember what it was called but they said it wasn't up to code and they were turning my gas off until it was repaired as it was a big hazard. I immediately called the landlord, again talking to her daughter instead of her, and she was furious, at me. She asked what did I do now to her water heater, I explained everything to her, and she said I would be paying for her sending someone out to fix it. I said I was not, there is no possible way I could have removed a draining whatever, or done anything to damage it. I never even open the water heater closet!
Several times in the next month I would see the landlord's daughter's car drive by my window really slowly, and once was parked across the street like they were just watching the houses (all the ones surrounding mine were owned by them also). I looked up the landlord's company online and then I got really worried, they had tons of bad reviews from people and most of them saying they were good renters who were taken advantage of. I'm really not the type to believe online complainers but at this point I started to see what they meant. I'm a good tenant. I'm quiet, go to work in IT everyday, come home, pay my rent, and keep my place decent. I don't have pets. I don't smoke.
I never did a move-in inspection. They never gave me anything to fill out and bring back to them, other than the lease agreement. About 7 months into my 2nd year, I got another random letter. This one said that I had not paid rent and was to vacate in 7 days, like an eviction warning notice. But i had paid rent, I still had the receipt, so I called for 2 days trying to get ahold of them to tell them. I finally had to show up at their office with proof. When I finally talked to them, the original land lady that I liked looked at the letter confused, said she didn't know why they sent that to me, it must have been a mistake. But then on the way home her daughter called and said that they "just want the unit back". No explanation, I told them I paid rent, but she said regardless they would like their property back for future plans they have. At this point I was so sick of dealing with them, I said fine. I'm not an aggressive woman and hate confrontation so I quitely packed up my things and left.
I moved most of my things out 3 days after that phone call. On the 4th day I came to get the last of my stuff and give the place a once over cleaning, didn't need much, but the doors were locked. We never talked about a specific amount of days I had to be out, I was angry but just left. I never signed any goodbye papers, nothing. I tried calling once the next day but they didn't answer so I considered it a nightmare to just put behind me.
I found a new home and went about my life. Now, today, almost 3 years later, I got served papers from a lawyer representing the landlord's company. I see the landlord's daughter's signature in a few places so I'm guessing she is the one driving this thing. It says I am being sued for $5,000 for "unpaid rent and damages". That's all it says under the "itemized exhibits" page. Just one vague line, "unpaid rent and damages". I have 20 days to respond or else I get a default judgment. I am scared! I am young and have never been sued or dealt with anyone or anything like this before. I want to respond but I'm not sure what to say?
Can anyone give me any advice, even if it's tough advice? I could just pay her, but I don't feel like this is right.
In your letter, make sure you mention that you paid rent for the full month, but were asked to vacate immediately anyway, which is illegal. But you complied anyway, and then never received a refund for the rest of the month's rent, or of your security deposit, which is illegal. Counter sue for 3x your full deposit plus the rent you were out, plus your moving costs.
I live in Oklahoma. I am going to find a lawyer this afternoon for advice. I never thought I'd be calling a lawyer for anything or even be in this position. I can't even focus on my work today I'm so cross-eyed from it! I have the paper saying I did not pay rent that one month and to pay or leave within 7 days, but I had already paid and that's when I went to their office with my receipt and they said they made a mistake. Then I got the call on the way home saying they just want the unit back. I don't have that part in writing but I still have my receipt from rent payment that month and I also have an email from the original landlord I got that night apologizing that "things had to end this way but their plans for the property need to begin as soon as I can possibly vacate." So that may be my saving grace. I can't wait to get home and find all my documents of communication with them. Why was I too stupid to not get more in writing when I left? And stand up for myself more? That is obviously coming back to bite me in the butt now.
I just looked up my state's court records website, and searched for their name in the Plantiff search box, and WOW the list of people they are suing is a MILE long. They have sued probably 20 people since the beginning of the year, way more in 2016, and in most of the cases the defendent did not appear so they got a default judgment, but in a select few the defendents did respond, with stories that sound similar to mine, and in each of those cases they dropped the suit after that. Maybe that's what this is, they are just trying to scare people into paying? And once they make it clear they won't be easy prey they back off?
Using email as evidence in court can be more challenging than it seems. It usually requires authenticity and can be considered hearsay. Be sure to ask the lawyer if emails are allowable as evidence in Oklahoma civil cases.
If you have all of your receipts and photos, and notices in writing, you should be OK. I think a consultation with a lawyer is a good idea since it is a lot of money
I live in Oklahoma. I am going to find a lawyer this afternoon for advice. I never thought I'd be calling a lawyer for anything or even be in this position. I can't even focus on my work today I'm so cross-eyed from it! I have the paper saying I did not pay rent that one month and to pay or leave within 7 days, but I had already paid and that's when I went to their office with my receipt and they said they made a mistake. Then I got the call on the way home saying they just want the unit back. I don't have that part in writing but I still have my receipt from rent payment that month and I also have an email from the original landlord I got that night apologizing that "things had to end this way but their plans for the property need to begin as soon as I can possibly vacate." So that may be my saving grace. I can't wait to get home and find all my documents of communication with them. Why was I too stupid to not get more in writing when I left? And stand up for myself more? That is obviously coming back to bite me in the butt now.
I just looked up my state's court records website, and searched for their name in the Plantiff search box, and WOW the list of people they are suing is a MILE long. They have sued probably 20 people since the beginning of the year, way more in 2016, and in most of the cases the defendent did not appear so they got a default judgment, but in a select few the defendents did respond, with stories that sound similar to mine, and in each of those cases they dropped the suit after that. Maybe that's what this is, they are just trying to scare people into paying? And once they make it clear they won't be easy prey they back off?
I wasn't kidding about filing a counter suit. Given what you've said here about their history, someone needs to stand up to them.
I'm leaving work early to go meet with a lawyer right now. Just talking to him on the phone made me feel better he said as long as everything I'm saying is accurate they will not get a dollar from me, and brought up the counter-suit also. Will update later after I find out where this is going!
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