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erikmama

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Posts: 3
Reply with quote  #1 
Going to make a LONG story as short as possible.

* Got behind on rent in October, LL agreed to payments. Owed $1015, paid $1089 in November. LL did not deduct 2 of my receipts. Sent her copies of receipts after she sent me her ledger of payments. LL told me she had taken them out and to take my money and get out of her house before she took me to court.  Contacted LL at least a dozen times in December trying to pay rent.

* Dec rolls around LL will not take my rent. I have text messages of me trying to pay. Jan. rolls around, she won't take my rent. I am served on Jan. 2nd a 3-day notice to comply. LL tells me she wont take anything other than the amount listed on this notice, which isn't deducting the two missing payments. I offer to pay what I owe minus those receipts. She refuses. 

* Served with court papers on Feb. 3rd. The papers have wrong months and fees listed. I am also being sued for an electric bill that is not mine. I have tried to explain the bill was not mine; she just wants me to leave.

* I agree I owe 3 months of rent, but not the late fees and electric bill. I was told today she has grounds for possession if I owe her any money. I have a lease, I have tried to pay rent each month and have texts to back that. The amounts are incorrect that the LL says I owe. The amounts and dates are incorrect on the eviction papers served on me. The electric bill that isn't mine is also included.

* I am requesting a jury trial.... Should I go ahead and pack my bags like everyone is telling me?




LLinVA

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Posts: 186
Reply with quote  #2 
What were the receipts for exactly?

How does the lease say you are supposed to pay? Did you follow that policy and she still refused?

If what you are saying is completely honest, then I say you have a decent case. Present all the payments made, show you tried to pay her over and over again (the whole point of a 3 day notice is to make you pay, she can't do that and then refuse to accept the payment).

Why does she want you out so bad? Usually a landlord is happy to keep someone who pays rent. If you fell behind but were able to quickly catch up it should be easier for her to let you stay then to try and fill the place with someone else. Is there more to this story?
erikmama

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Posts: 3
Reply with quote  #3 
My honest opinion is that she thought I lost my receipts and was thought I was going to pay whatever she said. She told me if I didnt pay what was on the 3-day compliance letter she would take me to court and I'd never rent here again. I asked her at that point to take me to court and she wouldn't. I have emails telling her the same thing as you've said, and receipts of paying her nearly $1100 in one month. I told her you do this to people who aren't talking to you or paying you not someone who got it caught up. 
Only thing that happened is I did get behind. I did talk to her about it, and I did get caught up. I also have my rent money now.
I have multiple text messages asking to pay my rent and her telling me to get out or not replying to me at all (but only on can I come pay my rent questions.)
erikmama

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Posts: 3
Reply with quote  #4 
My receipts are for November in the amount of $1089. I owed $1015 going into the month of November.  My last payment of $500 was on Nov. 20th. I did not contact her concerning rent any more as I assumed it was all paid. On Nov. 28 she told me I owed her $600. I asked her to check her records because I didn't  think I owed her that much. On Dec. 2nd, she emailed me a copy of her ledger. I emailed her back with copies of my receipts and deposited a copu into her night box as well. I told her I would pay my rent but I had those receipts that were not deducted. She said she deducted the amounts, which she clearly has not. She also gave me an electric bill (Feb 6 same day she got eviction papers from court) saying I owe it when I didn't live in the state during the billing period. I refused to pay it and sent her a text telling her I had my rent money.
What I am told is that because I owe her December and January she is entitled to possession no matter what. 
LLinVA

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Posts: 186
Reply with quote  #5 
Did you lease the space for the period the electric bill is for? If so, it doesn't matter if you were there or not. If you weren't leasing it at the time, that's different.

I would put it all on paper so it is undeniable what has happened, exactly as you would present it to a judge. There is a chance she is just horrible about tracking everything and legitimately thinks you are being a parasite. So show from the point you were caught up before, to falling behind and by how much, show each payment (and support each payment with the canceled check that proves she deposited the money), and step by step how you did actually catch up. Once she has this she should know either A - she made a mistake, B - if she was trying to take advantage of you and that you have enough proof that she won't win, or C - she will continue to say you aren't caught up and you must be making it all up. Either way, you should come out ahead, even if it has to wait for a judge to say so. Basically, get everything together now as if you were going to court tomorrow and present it all to her. 
OHlandlord

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Posts: 3,720
Reply with quote  #6 
You say you put a couple payments in the night slot?  Do you have receipts for these (cancelled check or money order receipt)?  Get copies of all cancelled checks and money orders.  Then, did you consider the late fees?  If you owed rent in October but didn't pay in full until November 20th, there will be substantial late fees for rent that is a month and a half late.  What does your lease say about late fees?  Our leases say the oldest debts get paid first.  So if you owed late fees from October's rent, it gets paid before your November rent is credited.  Check your lease.

Additionally, you need to check your state law.  Some states have pay or quit notices.  Other states. like Ohio, have quit only notices.  Once you receive the notice, you have no further chances to pay rent.  The notice only states that you need to leave. How are your state's notices worded?  And did you make attempts to pay within that period?  If you miss that period, the landlord no longer has to take your rent.  Let us know that answers to these, so we can help you.
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