Refuse to take Rent.

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RobRose

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All of the following is centered around September's rent. August 23rd (seven day's before the next months rent is due) my dear wife passed away from complications with Multiple Sclerosis. I had to bury my wife (no insurance) and as well paid the majority of the due rent. I was given a 3 day notice on 28 October to be taken care of by 4 November. Went to Landlords bank to deposit the late ($196.00) plus the next months rent on November 1st. Forgot the landlords account number and called to ask for it to deposit the funds. Instead of the landlord answering, the boyfriend kept answering the phone and literally cursing and hollering obsentities at me. I was at the tellers window at that time and she (the teller/supervisor) gave me her card if I needed verification of my efforts and the incident that occured. I was threatened and lied on and the landlord still would not contact me. I went back to my apartment, but with police assistance for the record. After all that was said and done THE LANDLORD WOULD NOT ACCEPT MY RENT though I reponded in the given time permitted. The landlord has not approached me for the rent for this month but I was told to wait until she files an eviction against me before I submit my evidence. Must I wait for her to get the following back because my lease is up on Dec. 31st. I believe I've done the legal and right thing in trying to pay my rent but the landlord should not have the right to keep the following:
Further problem/situation: MOVE-IN CHARGE
According to the Residential Lease Agreement I was charged the following for a One Bedroom, One Bath apartment:
Rent: $750.00
Security Deposit: $1500.00 (this deposit was made by Catholic Charities/Seasons of Sharing in my name "and should be treated by your landlord as though you/I had paid it yourself/myself).
These funds were dated on 3/3/10 and sent to the landlord.
Because I was not certain when the funds would reach the landlord, I agreed with her property manager/boyfriend to pay the money out of my pocket at the beginning of the month if the other had not reached the landlord by then. On 3/2/10 I obtained a cashier's check in the amount of $1200.00[/COLOR] from my financial institution, 1st United Services Credit Union. I was told upon the receipt of the funds that are supposed to reach the landlord; I would have my earlier deposit returned. This never occurred even after numerous requests.
The total amount according to the "Agreement" is $2200.00 which is excessive for a one bedroom. I ended up paying a total of $2700.00.
Description of property I was to rent differentiates from that of which I actually rent.
Agreement: Three bedrooms with one and a half baths house (upper level), laundry room, and two center exterior parking spaces.
Actual: Small One bedroom with small one bath. No laundry room. No "center exterior" parking spaces.
I NEED ADVICE. I am in great need of knowing what I can do. I a raising my grandson who also was discriminated against here as well as caring for his mother/my daughter with MS. I've had to place her into a nursing home. Your help will be truly appreciated.
 
It is odd that you are making deposits directly to the landlord's account.
If the landlord is refusing your payments then you will have an excellent defense in the eviction hearing... however you will have to show evidence that you at least attempted to pay. Try sending a check or money order by certified mail. If the landlord refuses to cash it then it is not your problem, but theirs. Do not wait for the landlord to ask you for the rent. You know when it is due, and it is your responsibility to pay it on time.

As for the overpayment, if you feel you are owed money and can not reach an agreement with the landlord to settle the dispute, then your option is to file in small claims. Let a judge hear your complaint and obtain a judgment that compels him to pay you back.

That said, it sounds like you should be looking to move as soon as possible. This situation will not improve. It is a hassle to move, but is the quickest solution that will get you back to peaceful living.
 
Ok you were given a 3 day pay or quit on 28th. You tried to pay rent on 4th. If that is correct you went past the three day period and landlord is refusing rent because he has likely already filed an unlawful detainer on you and accepting rent voids this
 
Ok you were given a 3 day pay or quit on 28th. You tried to pay rent on 4th. If that is correct you went past the three day period and landlord is refusing rent because he has likely already filed an unlawful detainer on you and accepting rent voids this

OP indicated that the attempt to pay was on November 1.
Assuming that only business days count, this was the 2nd day.

OP's problem will surely be proving that the attempt to pay was made, as the eviction papers have surely been filed since.
 
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