Asking for good wishes and prayers...

[lizziegrace]

The battle with my soon-to-be former landlord is beginning. I gave her notice 3 months ago that I was leaving when my lease was up on March 31st. I notified her in writing per my lease. She says she never got it. Funny, it was folded around the rent check for December...

I spoke with an attorney yesterday and was advised to stop payment on my rent check since she has entire month’s deposit in escrow right now. Wise move? I don’t know. I’d rather have a judge say I owe it than to have to fight to get my deposit back when I leave the place as it was when I took possession minus normal wear and tear.

I now have an attorney who will represent me if things get nasty and since the stopped payment fee showed up on my bank account this morning, it’s a matter of a day or two til she finds out I stopped payment. Now she will probably give me a 3-day notice to move out (eviction) for non-payment of rent. It would take two weeks to get a hearing and by then, I’ll be out.

I sent her a certified letter today telling her I stopped payment and that she is to use my deposit for the final month’s rent. Since she’s in Florida and will not give me the address, I have to mail it to her local address and wait for forwarding…

This is just eating me up. If I think about it, I get physically ill. I’ve done nothing but try and do the right thing and I could end up in bankruptcy court if she pursues a lawsuit.

I need all the prayers, vibes and good thoughts you can muster. I’m facing this alone (as I do everything) and my “fight” is fading very fast.

Thanks :(

[billyskank]

1. Coming atcha

You've got a lawyer, that's the main thing. Just listen to their advice, that's what they're for. :hug:

[peacebird]

2. sounds like "right" is on your side.

Here's hoping the landlord gives it up. Has your lawyer written her a letter yet? That may just stop her from attempting to go after you.

:hug:

good luck!

[khashka]

3. Trust your lawyer, Lizzie

They know all sorts of tricks you'd never think of.


Don't make yourself sick - this is easy. She can't evict you - she'd have to go to court and it would take months. And you want to leave anyway, right?

And you've done everything right in a bad situation.

But don't make yourself sick over this. It's scary, I know. But you are stronger than this. A few weeks from now, you'll be telling us this and we'll all be laughing. "I had this bitch of a landlord!" " Oh yeah? Here's my horror story!


I learned a long time ago (cuz god knows I bitch and complain about everything) that nothing really matters. Is someone dieing? No? Then it can be fixed.


So trust your lawyer. And get your fight back :)


Khash.

[myrna minx]

4. Were you required to provide a 30 or 60 day notice?

When did you speak with her about the non receipt of your notice? Was it still within the time table of providing "proper notice"? You probably not receive an eviction notice, because that would require serving you a writ to appear in court. Since she already knows that you are planning to leave at the end of the month, she will probably not take you to court.

http://www.ci.lakewood.oh.us/law_tenantlaw.html
Terminating a Rental Agreement
A landlord or a tenant may terminate a month-to-month rental agreement by giving a full thirty days notice to the other party. The thirty days begin on the rent due date.
A written rental agreement (lease) normally specifies the method for termination or renewal. If it is not specified, then the agreement terminates on the date specified in the agreement.
A landlord may give a tenant notice that the tenant is not complying with the requirements of the Landlord Tenant Law and that the rental agreement will terminate in thirty days. The tenant may correct this noncompliance within the thirty-day period and the termination will be dropped.
A tenant may give a landlord notice to comply with a duty imposed on him/her by the Landlord Tenant Law, the rental agreement or the local building, housing, health or safety code within thirty days, or the tenant may terminate the rental agreement.
BACK TO TOP

[graywarrior]

5. Is your land lady my sister in law?

Don't worry about it. These things usually favor the tenant. Wise move getting a lawyer.

[lizziegrace]

6. I'm at work

and am unable to reply at length until around 4:00.

I'll be back!

[myrna minx]

7. Another thing...

Make sure when you move out to have an agent from her company to sign a document stating that you left the apartment clean. Make sure to take photographs and/or video of the place when you leave so that you have proof that the apartment was clean. Make sure to clean under the oven and vacuum the refrigerator coils. Those are the usual suspects when it comes to large landlord charges. I think you'll be ok. Make sure you save this month's rent (the rent that you just stopped payment on) so that you will not be stuck in case that it is found that you do indeed owe it under the law. SHe cannot sue you for an egregious amount. She can only sue you for the "rent due" and/or damages for the apartment. Judges tent to lean in the favor of renters, so I think you should be ok should it go that far. :hug:

[miss_american_pie]

8. You've got it

:hug:

[Pacifist Patriot]

9. Absolutely.

Best of luck.

[lizziegrace]

10. Here are some of the details

My lease says I must give a 60 written notice. I gave a 120 day written notice that she claims she didn't receive.

Her voicemail message said I didn't give her 30 days... (she doesn't even know the damn lease) and I saved this voice mail.

My lease renews for another full year when it is up. This would be the second renewal. The attorney said that a renewal for an existing tenant is automatically month to month... :shrug:

She has the means to make my life hell. She also is more worried about my complaints about her niece (my neighbor, but I was here 9 months before she moved in) than addressing the problems that caused the complaints in the first place.

Example: We have a driveway that leads to two garages. One night when she had a party, they crammed 5 cars in addition to their two in the driveway, blocking me in. The landlord's response? "She probably assumed you were in for the night." Okay everyone, next time you have a party, tell them to park in your neighbor's driveway. They're in for the night and won't mind. :banghead:

I don't have the means to pay for an attorney but I'll be damned if I'm going to give her another dime. I'd rather be in debt to the attorney.

I'm done now. I'm going to drop some things off for my daughter at the dorm. I'll be back on later.

Thanks so much to all of you!

:hi:

[ThomCat]

11. You're doing the right thing.

Hang in there. :hug:

I'm sending you good vibes.

[BlueIris]

12. LOTS of good vibes.

I think that things will smooth over though. Just an impression.

[SeattleGirl]

13. Gotcha, lizzie!

I think you will be okay.....this woman probably has a bigger bark than bite, but I am glad you got an attorney. Now you have someone who knows the law on your side.

I had a nasty situation with a landlord some years ago. He was the new property manager for the apartment complex I lived in. I had moved from a one-bedroom unit to a two-bedroom unit before he came on the scene. I was not required to pay a new deposit on the new unit, and I had that in writing. Well, he started hounding me after an incident one night in the stairwell, where the people from the apartment below were partying on the stairs after midnight. People reported them, and these sleaze-bags said it was ME, and this new property manager just took their word for it, and gave me a warning in writing that if I did it again, I would be kicked out, and oh, by the way, why didn't I pay a deposit on the two-bedroom unit. I tried and tried to communicate with him, showed him what I had in writing about not having to pay another deposit, and also pointed out that as to the people partying in the stairwell, other people in my building also knew it was the people below me, not me. He would NOT budge.

So, I looked up landlord tenant law, then I went for a consult with an attorney. He told me that my understanding the the law was right-on, and that the law WAS on my side. He made a short call to the property manager, and the asshat never bothered me again.

So, good luck to you, lizzie. I am sending you many good thoughts, not only for a good resolution for you, but also so that you can stay calm while it is worked out.

:hug: :hug: :hug: :hug: :hug: :hug: :hug: :hug: :hug: :hug:

[lizziegrace]

14. I go from being so angry I can't see straight

to sick to my stomach and my hands shaking.

I appreciate the responses. Last night the neighbor was bouncing a basketball in the upstairs hallway and letting the 70 pound dog run. At 11:00pm. "That's just how 27 year olds are." her aunt (the landlord) says.

:eyes: