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Old 05-12-2009, 11:03 AM
 
13 posts, read 138,543 times
Reputation: 14

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a couple a months ago i sent my landlord a certified letter threatening to withold a percentage of the rent due the living conditions and another tenant who was harassing me and not abiding by the terms of the lease. I have been paying the rent in cash, but she hasn't been providing receipts and in the letter i requested that she provide a receipt. She refused to provide a receipt, i gave her a money order, she gave it back. She also said she didn't want checks.

The day after i sent that letter, an eviction letter was slipped under my door requesting that i move out within two weeks or less. To me, that was the end of the contract. Although she didn't give me the required 30 day notice, she started the eviction process and i no longer felt obligated to pay her rent. I've been living there for months and she hasn't demanded rent from me. Yet, she was using tactics to illegally evict me. Now she has a non-payment petition against me. IS A TENANT OBLIGATED TO PAY RENT AFTER RECEIVING AN EVICTION LETTER?
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Old 05-12-2009, 11:14 AM
 
458 posts, read 1,584,450 times
Reputation: 369
"Yet, she was using tactics to illegally evict me."

Um, she gave you an eviction letter, you never left (even after MONTHS), and you aren't paying rent. I think that her "using tacticts to illegally evict you" are beside the point. You aren't paying rent! From what you are saying, you are a squatter. And you're staying in her home illegally. No one owes you a free ride, and if she's being a weirdo and refusing to give you receipts, and it's a bad place to be, get out and find a better place.

YES you are obligated to pay rent after an eviction letter. You are obligated to pay rent as long as you occupy the premises.

Last edited by sheriwx; 05-12-2009 at 11:22 AM..
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Old 05-12-2009, 11:26 AM
 
Location: St Thomas, US Virgin Islands
24,671 posts, read 65,036,349 times
Reputation: 26620
Yet another thread started? Yes you are obligated to continue to pay rent after receiving an eviction notice. You have resorted to "self help" which is not an arguable excuse in court.
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Old 05-12-2009, 11:27 AM
 
1,788 posts, read 4,511,711 times
Reputation: 1252
Yet ANOTHER thread on this same old subject from the same old poster.

YES YOU HAVE TO PAY.
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Old 05-12-2009, 12:45 PM
 
Location: Apple Valley Calif
7,474 posts, read 21,660,964 times
Reputation: 5651
You stated to threartened to withhold rent if certain conditions weren't met. You can not legally do that. If you have a problem with the LL, or the apartment, withholding rent is not the way to resolve the problem.
If you withheld rent to force her to do something, you were in the wrong and it got you legally evicted....
Pack your boxes.....
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Old 09-11-2009, 08:36 PM
 
5 posts, read 36,946 times
Reputation: 12
There is a reason that your landlord doesn't accept check/MO. It could be that she doesn't want to report the income to IRS. I would reach out to IRS, and have her audited if ever possible.
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Old 09-11-2009, 10:19 PM
 
742 posts, read 1,145,228 times
Reputation: 345
god people like the op are why, i am loathe to rent out my house
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Old 09-12-2009, 02:47 AM
 
Location: Michigan
12,712 posts, read 12,583,598 times
Reputation: 4165
Here's a spinoff of the OP which I have observed: an eviction letter which states, correctly, that the lease ends on, say, May 31, but goes on to say "we will allow you until June 30 to vacate" without mentioning any further rent? Can rent be charged in a case like that, where there is no controlling lease for a certain time frame?
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Old 09-12-2009, 09:45 AM
 
26,987 posts, read 43,279,294 times
Reputation: 15273
You (OP) are the issue why LL have so many issues with tenants. You think you can live for free and are the best tenant in town. You didn't pay and think you can give her one money order so she can't legally evict you till next month, but you haven't paid before...The law is clear, if you take partial payments you can't evict and if you haven't paid for months, and than just pay for the next months, although you have a long history of not paying, the LL has to wait with the eviction process so she did a wise thing and didn't except your payment so she could proceed. And "NO" you are still responsible for everything you owe her + late fees + interest + court fees...so start saving, a judgment is coming your way + it will be on your credit report for years which will makes it almost impossible to rent a decend place.
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Old 09-13-2009, 12:22 PM
 
Location: Victoria TX
42,661 posts, read 80,541,282 times
Reputation: 36386
Any court would rule according to the "reasonable person" principle. A reasonable person would interpret the statement to mean that the RENTAL agreement can be extended for a month, not free occupancy, irrespective of any technical deficiencies in the wording of the agreement.

However, I once knew a person in a similar situation, in which the LL refused any other payment besides cash, and never gave a reciept. Later, the LL evicted and sued the tenant for months of back rent. The judge just yawned and said "No reciepts, no rent paid" and ruled for the landlord.
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