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| *Ostroff, Fair and Company>>>Renting & Real Estate |
Landlord problems...any advice? |
Today the landlord called to be sure the rent was in the mail (there was a glitch at r local post office that caused some problems and delays). While on the phone she became very irritate because she wanted $1,000 (our rent is only $700). She was furious and screaming how she overdrew her bank account and needed $1,000. We HAD to pay it. We refuse to, she now she says we owe it for overusage of water (the extra $300) and we still refuse to pay it (it wouldnt be a problem but we feel she ruined her fiances and is trying to use us to fix it) so she evicted us which im fine w/. but are we able to get out of paying her all the extra? anyone ever had a similiar expereince? (we reside in pennsylvania in case u need to no) Thanks You need to look at the lease. What does the lease allow her to charge if your rent is late? Even if the post office had a glitch, your are responsible for getting the rent there on time. Whatever fees (if they are within the legal limits of the law) will prob. be held from the security deposit. Also, If the lease allows her to charge you for excess water usage, you will need to pay that. If she holds money she doesn't have a right to, you will need to sue her. Prior to leaving the house, take photos showing the wonderful condition you are leaving it in. Photograph everything, inside the fridge and oven, the carpets, blinds, toilets, EVERYTHING. You will need this to show you didn't trash the place. After you have your photos, ask to do a walk thru with her. If she agrees, bring your own sign-off sheet that lists any potential issues. Make her sign off that it is clean. Hope this helps! If you had a contract with this landlord, then I cannot see how the landlord would have a leg to stand on, much less be able to evict you legally. I can see how certainly overusage of water could be a problem, but I can't imagine how a a single household could use and EXTRA $300 worth of water. Thats insane. It sounds like she has her own personal financial issues as you state, and is trying to use you to help her out. I would say break clean, and let her go broke trying to find another tenant that will rent from her. I'm sorry to hear you're in this situation! While she can legally charge a late fee for a late payment, it sounds like she keeps changing her story. First, she wanted the extra $300 because she overdrew her account. Then she wanted it because the water bill was too high. (By the way, $300 for a water bill is very high and seems a little fishy to me.) Did you have a security deposit? If so, you will most likely forfeit that by being evicted. If you wanted to pursue it, I'd tell her you want documentation for this $300 water bill. You could take her to small claims court to sue for your security deposit. What's tricky is whether it's worth the time and hassle to get the money back. If I were you, I would take her to small claims court if she tries to get the excess $300. Unless you have ... in writing ... some agreement with her to pay for water usage that she considers "in excess" $300 is awfully high. The fact she shared her financial problems with you, and conveniently needs that money from you, is a good indication that you do not really owe this money. Ask for receipts to prove the $300 water bill you supposedly owe before paying anything, and let her know you'll be consulting a family lawyer for his opinion on whether or not you owe this money. Don't be combative about it at all. Just say you were unaware of any excess water usage and if she will provide you with the bills showing what you owe the water company for YOUR unit's usage, that you will be happy to take the bill and your rental agreement to your family lawyer to get his opinion on whether or not this is something you are responsible for. That should put an end to it. If not, and you do not feel you owe this money, take her to small claims court. I hope you don't have a deposit for this apartment, as I'm sure she doesn't have the money to pay it back to you and will accuse you of excess damage, too. Yes I would say you do not have to pay the extra money. It seems clear that she was just upset about not getting the rent on time, which was no fault of you own. You may have ever have to go to court over it. Make sure you look and see even if she can ask for $300 more for over usage of watter, and what the definition of over usage is. If you can afford and attorney I would. In the suite you can, also ask that she have to pay your legal bills due to the reason you all had to bring this to court. See it was not your fault, she just was pissed because she can not manage money, and was looking for a way out and you all seemed an easy target. Make sure you get the original check from your bank so you can see when it was deposited and it will show the date you wrote the check so that way it should show that the payment was not late. Then let your attorney handle the rest. Good luck, wow I am sorry that happened to you all. man...get outta there...this lady is basically saying..."i need $300--you pay it or i'll evict you." and.YOU PAID HER! is any of this in your rental agreement or lease...? if not get your butts to legal aid asap or look int he white pages under Renter rights or Renter Advocates (every city has them)...they can give you leagal advice. lastly...give her a 30 day notice and get outta there....make sure you take pics of what the place looks like when you leave so that she cannot keep your deposit. if she keeps your deposit - take her to small claims and sue her for the deposit and all the extra monies she has requested that probably do not appear in your rental agreement. good luck 40+ year experience |
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