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Eviction over $5?? Huh?

Posted by on Aug. 17, 2011 at 8:01 AM
  • 33 Replies

Okay, so, my fiance's apartment was $765 the first year he was there. Then, he received a letter in the mail when his lease was up listing 3 different options (1 year lease, 2 year lease or month-to-month) each with a different rent. He chose the month-to-month since we're trying to buy a house together. Anyways, it clearly says $800 a month....he has paid $800 a month for 3 months already. Now this month the apartment manager is saying that it was $805 and that they want their $5. Ryan said no, and reiterated that the sheet clearly says $800 and that is what he agreed to. Now, a week later they want $55, saying that the other $50 is a late change for paying late!!! He still said no, and that the sheet clearly states $800.

Now yesterday he got a note on his door saying he had 3 days or whatever to pay the $55 or he would receive a 5-day eviction notice. Ugh....what?!?!? The sheet truly does say $800, signed by both my fiance and the apartment people. 

This isn't the only problem we've had with this apartment either. A few months ago they called him saying they accidentally shredded the check before they could cash it, and that they need a money order for that month's rent. A money order? Given to the MAINTINENCE GUY??? No thank you. He called them back to let them know that the check had been cashed, per his bank. They go, "No it wasn't, just trust us and give us the money order." 100 hoops later, and a stop-check fee later, they got it figured out.

This is a large complex, dealing with hundreds of tenants....I can't believe how dishonest and whack-o they've been!!!

So, with all that said.......who on earth can he report this behavior to? Other tenants, as they were leaving, have said similar things to Ryan. That's why he didn't just give them the $5. Next month it's $20, and so on. Obviously this sort of stuff needs to be addressed by someone. And if they do continue to say he'll be evicted (only for the unit to be empty.....) what should he do then, is there someone you can report wrongful evictions too? There really is no other reason....he pays on time or early every month, he's never there to cause problems....

Crunchy, Waldorf Mama to 1 year old Rowan, 4 year old step-daughter Hannah, 5 year old Madelyn, 9 year old step-daughter Hailie, 10 year old step-daughter Mckenna and 12 year old step-daughter Kierra! 

by on Aug. 17, 2011 at 8:01 AM
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Replies (1-10):
FooLynRoo
by on Aug. 17, 2011 at 8:11 AM

I think as long as he's paid per his lease and has proof of all payments and dates - he should be fine.

Perhaps have a free consultation with a lawyer to make sure what he reads and is doing is correct.

On the eviction papers they will have a county clerk contact etc - he can call them I suppose.

CJsMommy622
by on Aug. 17, 2011 at 8:13 AM
Well hopefully he was smart enough to keep a copy of he signed lease with the rent amount?
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CJsMommy622
by on Aug. 17, 2011 at 8:14 AM
*the, not he


Quoting CJsMommy622:

Well hopefully he was smart enough to keep a copy of he signed lease with the rent amount?

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ginabear1
by on Aug. 17, 2011 at 8:15 AM
Bump
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minimom11107
by on Aug. 17, 2011 at 8:18 AM
Tell them to take it to court. You'll beat it. Also what state r u in? Most state laws state u must b given 30 day written notice to vacate. I've never heard of a 5 day eviction notice.
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chasinrainbows
by Silver Member on Aug. 17, 2011 at 8:23 AM
If he recieved an eviction notice, take it & the paper he signed agreeing to pay $800 to the magistrate judge. They cannot legally evict him & a judge will not allow it. Also, I would threaten a lawsuit.
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iamcafemom83
by Rah-Rah on Aug. 17, 2011 at 8:27 AM
Hire a lawyer. Hopefully you find another place soon!
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madelyns_momma
by on Aug. 17, 2011 at 8:32 AM

Yeah, I had him show me the lease because I thought he was just being dumb. Nope, it really clearly says $800. 

He always pays with a check, so thankfully we have that paper trail. 

I hope we find another place too!! Living in 2 apartments (2 blocks away!!) is obnoxious. Lol

Dott038
by on Aug. 17, 2011 at 9:18 AM

Your Local HUD!!! is where you can start. www.hud.gov. 

mrswillie
by Ruby Member on Aug. 17, 2011 at 9:24 AM

Month to month is exactly that.  Anything can change monthly.

"With a month-to-month tenancy a landlord can usually raise the rent as much as she or he likes after giving 30 days notice."

This is the link were the info came from.

http://real-estate-law.freeadvice.com/real-estate-law/landlord_tenant/rent-increase.htm

    STRAIGHT BUT NOT NARROW


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