very urgent plz help ! new home renters

Status
Not open for further replies.

natorgator

New Member
This is our first place. we had some money saved up so we were able to put 10 months down on a $1200 place. the landlord came up with a payment system to pay off those last 2 months so we didnt have to scramble for the 1200 a month when the time came. his calculated plan was the first two months free then $240 every month after, to multiply to the $2400 we owe. the $240 plan is not stated anywhere in our lease, the only place that $240 is stated anywhere is on the front page of ONE of the leases, in pen, as a reminder to us when we first got the place .

We had been in the place for a couple months and were making the $240 payments, not a big deal, then christmas time came and things were tight so we were late for our Jan bill. To us, it was not a big deal because, hello, he has 10 months of our rent. However, he called us a few days after it was due and was screaming at us that we owed it to him and he started tagging on late fees and acting like it was the end of the world for this $240. We ended up bringing the money to him, late fees included, just to avoid a headache.

However, when we got there, the drama refused to end, he started waving the lease in mine and my fiance's face and telling us that he doesnt have to deal with this nonsense and now we owe the whole balance next month, which was $1680. We had not heard from him since then, it has been a month, and now the rent is due. After last month and the whole fiasco we decided we are not paying in these installments because it is not practical to us anymore, we will pay the last two month when they come. We recently got "letters to cease" from him in the mail, stating that if we do not pay him the rent, we will be evicted. this is absolutely ridiculous to me because of all of the money that he has of ours. We know that logically and fairly, he has no case and is being absolutely foolish in making a big deal about this little bit of money that is left to be paid, which is technically not even owed till the last two months of our lease, but we would like to know any legal loop hole that he might be in or if there is in fact any way he can evict us or even make a case that we owe him anything right now. ???
 
Last edited:
A landlord cannot evict anyone.

Only a court can grant an actual eviction.

What your landlord may do is file for such. You will then receive notice of a court hearing. Answer it and make certain you attend this hearing. You will then be able to present your side to the judge who will decide who is "more right" in this matter.

Gail
 
It was difficult to read the big block of text but I believe I get the gist of it. Tell your landlord to go stick it in his ear. You aren't late. You have paid 10 months of a 12 month contract in advance. The 240 a month is for your convenience. The moneys are not due until month 11 and 12. A Judge will look at him and laugh. You do the same.
 
Thank you and i was in a rush i fixed it i am sorry but that was what i have been saying they whole time to him. But he yells at me and just says its in your lease blah blah but we even had a lawyer come look at it and he said it is not the lease states that rent can be paid in installments for the tenants convience. But that is for the actual rent of 1200 which is paid for the next 10 months he is charging us for future rent ! that makes no sense. i have never been through something like this and i dont know what will happen just him making those threats to me and my family is ridiculous.

It is stated in the lease which he put in himself that we will pay 100 % of his legal fee's if we decide to go to court im starting to feel like its a lose lose he is a bully and im stuck thank you guys for your help any ideas around how much that will cost it it des go to court and is it worth it ?
 
A landlord can put whatever they want in a lease. If it goes against state (or federal) laws, it cannot be enforced.

Typically the court will assign attorney fees to the losing party in a judgement.

Gail
 
We just talked to a lawyer and she said that when the lease was signed since there was a verbal agreement with witnesses his friend and my fiance's father that the judge will make us pay. Especially since we paid the amount of 240 for three months and then stoped but from what understood about the agreement was that it was for our convenience. So we didn't have to pay 2400 for the last 2 months i am at a lost based on what i have been told it is a lose lose even though we have payed him 10 months in advance.

The lawyer said that since we paid him for the 3 months then stopped means we agreed to the terms of what was said. But like i said i thought it was for our convenience but the way he is explaining it is that it was agreed and strictly enforced and everyday i wait is 10 late fee what the hell do i do the lawyer is making it seem like a lose lose for us ? is it even worth it ? we are tight on money which is why we paid in advance
 
What the easiest way to make this thing go away? If it were me, I'd pay it.

In the future it is always good to let the landlord know if one is going to be late paying the rent. As a landlord, I am much more willing to work with a tenant who contacts me and presents me with a plan to make up owed rent...as opposed to me having to hunt them down.

Gail
 
Status
Not open for further replies.
Back
Top