Ladies, talk me down... eviction.

[flyingiguana]

 

To the op, I don't know you or your landlord and who is or isn't right, but if one of my tenants told me they forgot to pay their rent since January, I would not believe it. How do you not notice the extra money in your account?

 

I once got double paid by my employer.  And I never noticed all that extra money in my account.  So yeah, some of us really are that out of touch with our bank account.

 

[flyingiguana]

In the 3 states where I've lived, eviction is not that easy for the landlord.  I'd be surprised if the situation as described results in this.

 

My family tried and tried to get a tenant evicted for non-payment of rent.  It wasn't cheap to get it into court, either.  And then the tenant ended up staying because her sister stepped forward to pay the back rent (it was a lot).

 

It will depend on your state laws and your lease.  If you're on a month to month lease, the landlord may have grounds to just ask you to leave with 30 days notice.  The judge may see it that way.  It wouldn't matter whether you were late on rent or not.

 

Legal aid may help you sort out your options.  But a lot of it may depend on the landlord's feelings about the matter.  If he wants the house for another use and you're on a month to month lease, you might be out of luck.  If he's just feeling ornery and wants the back rent paid, you may end up with a payment schedule and everything will be fine.  Except that some things in the house didn't get fixed.

[flyingiguana]

I would try to work with the landlord -- somehow.  Because if you do get evicted and need to find a new place to live, the number one thing that's going to count against you is that your landlord may not want to give you a good reference.  And the eviction is going to be on your record.  A lot of future landlords are going to shy away from that. 

 

Unless your landlord has a bad reputation in your town.

 

So I would look on your court date as a chance to get a story to your advantage.

 

Given his flakiness, it's possible your landlord won't even show up to court.  But you should be sure you're there.  With your documentation and your professional attitude.

[Lisa R.]

OP, I have been in terrifying financial situations. Not so long ago, and while living in a house in which the kitchen sink back-washed into the 2nd bathroom (we didn't have use of that bathroom for a YEAR.) Where the LL's Admin told me that tenants who complain have their rent raised, and get evicted at the first legal moment. The back deck was literally disintegrating. The very large, old, oak tree out front had root protruding 6 or more inches, and its foliage covered the entire lawn, but the LL wanted me to sod. Not just arrange it, but pay for it. The property didn't have a lawn when I moved in! There's more, but that gives you a picture.

 

I did EVERYTHING I could to pay rent on time. Everything. I can't begin to list the twists, turns, and sacrifices I made to make sure rent was paid. The "first of the month" was constantly on my mind.

 

It was a dump. And I was overpaying. I was under-responded to. He was a slumlord and an ass.

 

But he still deserved rent on time, the agreed to amount, and communication on not only my terms, but his.

 

I don't understand your perspective on renting at all.

 

But I know that financial messes - even those we get ourselves into - are there own kind of evil. And when kids are involved, it is worse. It's common to have a bunch of stressful crap going on when this issues emerge, and to have something such as an eviction on top of that creates an unfathomable amount of stress. Gather all the resources you can (money, time, people) to find a better plan to move, and when you get there, consider "cleaning up your side of the road" in terms of financial behavior and orientation.

 

I think this is such a well-measured and compassionate response.

 

OP, other people here have been in difficult living situations and have know the stress of it. You're not alone.

I think some of the negative-sounding posts have come because you seem to think that you're being treated unfairly by your landlord because you feel that you've missed one payment. It's really more than that, and I think that's what people are reacting to and trying to tell you. Seeing the situation more objectively might help you in your court hearing, and I think that's what people are trying to help you to do. 

 

I'm sorry for your situation. I'm sure you wished you would've done things differently. If I were you, I'd try and focus on finding a new living situation as soon as possible. 

[Tsuga]

The landlord made a mistake in not replying to texts and a letter asking to pay less rent.

 

But I suspect his side of the story is more like--"I didn't want to throw them out, but I could not agree for the long term and when I went to talk to them they weren't willing to come to an agreement."

 

From his perspective he was probably feeling like a nice guy for giving them time to get their act together. It was legally and practically a poor decision because now Myrnyel is blaming him. But it doesn't make him a bad person.

 

And I don't know his situation, but around here many homes are owns by kids of dead boomers and pre-boomers. It is an inheritance and they may be renting until they can sell. In these cases incompetence is not a sign of mal intent, you know?

 

The landlord doesn't sound that flaky to me. He has property taxes due now (probably aha precipitated his visits). He may also have a personal mortgage to reckon with. If that is the case count on him taking this seriously.

[MomatHWTK]

Thinking about this... As a business person, I would expect to get paid and paid the agreed amount.  I think what triggered my more "pro-tenant" stance was the failure to make repairs issue.  Folks on a tight budget are at the mercy of a landlord who won't make repairs because it is costly to move and may require breaking a lease- which may take legal action to avoid penalties.  It is a very bad situation.  Though I acknowledge that eviction is also difficult for the landlord.  Basically if either party to a contract doesn't fulfill their obligations in good faith things go downhill quickly.

 

So, if it were me, I would wonder... what is this landlord's reputation?  I would see if I could ask about HUD complaints, check the BBB and search his name and/or company name in the public record to see if he has had other eviction actions or failure to make repair complaints.  I think it would bolster my own claim about the repairs if I demonstrated a pattern of behavior on the part of the landlord.  On the other hand if he has no complaints and few eviction actions, then I might reconsider whether his actions are really unreasonable in my situation or not. 

[Momof3littles]

Deleting my post after rereading the thread.  I don't want to pile on, OP.  I hope things go as smoothly as possible for you. 

[LizzyBee]

I agree with looking into implied consent. It's bizarre to me that a landlord would wait 15 months to notify a tenant of a missed payment, and that he would accept 14 or 15 reduced rent payments without saying, "Hey, wait a minute, I didn't agree to your request for reduced rent. Pay up." 

[clementine]

:grouphug:  :grouphug:  I hope things go better than you expect!  I don't have advice for you, but you have my prayers.  

[Joanne]

I agree with looking into implied consent. It's bizarre to me that a landlord would wait 15 months to notify a tenant of a missed payment, and that he would accept 14 or 15 reduced rent payments without saying, "Hey, wait a minute, I didn't agree to your request for reduced rent. Pay up." 

 

FYI, the missed payment was 2 months ago.

 

It *might* be that the reduced rent, combined with the missed payment which has not yet been made up, and not answering the door created the LL's perceived need to take action.

 

[LizzyBee]

FYI, the missed payment was 2 months ago.

 

It *might* be that the reduced rent, combined with the missed payment which has not yet been made up, and not answering the door created the LL's perceived need to take action.

 

Oh, gotcha. I got it mixed up with both events happening in January and the reference to letting it go on for 15 months. The implied consent might still apply to the reduced rent.

[emzhengjiu]

I don't have any advice but will pray for an outcome that is just to you and to the landlord but is also merciful so you can start over if necessary in a new house or apartment.  Financial problems are so draining and scary.

[PollyOR]

I'd look into implied consent laws in your state.  "Consent when surrounding circumstances exist that would lead a reasonable person to believe that this consent had been given, although no direct, express, or explicit words of agreement had been uttered. For example, implied consent to a contract can be inferred when one person has been performing on the contract, and the other person has accepted the first person's performance without objecting or complaining."  With the certified letter and the cashed checks for the lower amount without written protest, it is possible the court will see the landlord as accepting the lower rent amount.  If the landlord was not consenting they would have 1) returned the check to the OP and 2) refused in writing to accept the terms of the certified letter and requested the original lease amount.  OP may have a legal basis to assume the landlord was consenting.

 

The missed month should have been paid immediately upon discovery of the error.  At this point, though, I'd wait until court to see what the judge says.  I have friends who are landlords who have been unable to evict tenants with worse problems than this - the judge always makes a payment arrangement, and another, and another before friends can evict for nonpayment.

 

:iagree:

[brehon]

I dont understand why not ONCE in the 15 months that the OP paid a reduced rent because repairs werent done, that the lanlord couldnt text or call and say he didnt agree to those terms. Even if he didn't have to legally say anything, i would have thought common sense would have prompted something from the landlord.

[Spryte]

Checking in for an update from OP.  

[OneStepAtATime]

Thanks ladies. I have looked at them in and out. I am with TechWife, I'm screwed. I will loose the case. I did things the wrong way to begin with so I have to love with my lumps but it's sad that a slum lord (you should see the house we rent) can get away with this when he wasn't fixing what needed to be. It sucks that he can wait 15 months and let us rack up an insurmountable amount of money (that we can't pay) and then plop an eviction on us. It sucks that he can put a family of 5 out on the street (so to speak) with nary a twinge. The laws in NC protect the LL not the tenant.

 

For instance. The LL needs to give a demand for rent due 10 days before he files for eviction. He never did. Like I said, we hadn't heard from him since last January. Oh good! I'll win the case you say. Uh-uh... nope, wrong answer. I still lose because he doesn't have to prove I got said notice. He just has to say he mailed it. Not his fault if the post office looses it. Doesn't matter that he lives 5 minutes away. If he isn't fixing things.. to bad... keep paying rent and you have to take him to court and spend money taking him to court to get a dead beat LL to do anything.

 

I guess this is a high priced lesson learned. Never again will I do anything without the court involved. I will not do anything without having it in writing either. Again it sucks. Things like this totally screw  things up for the good guys.

 

Do you know my husband and I have been renting since 1996? Almost 20 years we have been renting. Do you know I have only been late (that I can recall mind you) 4 times in 20 years? The rental we had before this we were in for 9 years. I was late once. The LL didn't even charge me a late fee because he knew I wasn't usually late.

 

Now we are going to have an eviction on out record with makes us look bad and it was all over ONE wrong choice and ONE mistake in 20 years. I makes me mad and makes me want to cry at the same time that someone like our landlord, who is a three time felon to boot, can totally screw us like this. How's that for justice? I KNOW I made a mistake but the consequences just seem to outweigh the "crime" here.

 

Sorry, just in the throes of despair.

I wanted to come back and apologize if my concerns about Executive Function issues offended you in any way.  I mentioned them because a rather large number of my family members, including myself, have these issues.  Financial management has been a challenge but computer software really helped me catch when things were odd.  Saved me several times from failing to pay something.  Obviously, EF issues don't seem to be the problem here, but with the first post I couldn't tell.  I was just hoping that maybe whatever happens right now you would never have to face something so stressful again and was trying to brain storm possible options.

 

Whatever occurred, you are trying to fix it and I hope with all my heart that the landlord is understanding.  And that he improves his communication skills....

 

Hugs and best wishes.

[Mynyel]

I put this in my original post but here is the update...

 

03/26/2015 Update!

 

Went to court and was issued a continuance. I still think the LL will evict. He agreed with the continuance only after the judge asked twice. We can't pay him the amount he wants. We shall see what happens!

[Guest]

Are you looking for new new rental?

[Greta]

:grouphug: I'm glad to hear from you - I've been wondering how things went. I'm so happy that you got a continuance and I really hope that things work out.

[Lady Marmalade]

If you have a continuance, and the LL hasn't actually evicted you yet, I would move VERY quickly before you have an eviction on record. 

[Annie G]

If you have a continuance, and the LL hasn't actually evicted you yet, I would move VERY quickly before you have an eviction on record. 

 

Yeah, I'd probably be calling the landlord saying that I'm trying to move and if he wouldn't give me a horrible reference, that would be great, and would benefit him, too. 

I'm not asking that the landlord lie in order to get rid of a bad tenant. I think in this case, he could truthfully say you lived there x amount of months and missed paying rent once.  The whole reduced rent thing doesn't have to be discussed.  Both landlord and tenant can start fresh...without the messy eviction. 

In this day and age, when credit reports are so easily purchased, the result of eviction is much more severe than it ever was.  An eviction will go on your credit report, and stay there for seven years, during which time it will be very difficult to rent a new place anywhere in the country, and could impact your ability to get a job.  Even if you move now, if the current landlord sends your bill to collections, the result is almost as bad. I don't know how long your continuance is for, but I would move heaven and earth to make things right with your current landlord, be that a payment plan with quick move out, or something.

[Mynyel]

If you have a continuance, and the LL hasn't actually evicted you yet, I would move VERY quickly before you have an eviction on record. 

 

If we move BEFORE the court date we done get an eviction on record?

 

I want to point out, it's not "the amount he wants", but the amount you owe him. Again, I'm sorry you find yourself in this position. I hope you can salvage something, as in a new place without too big a hit on your credit. 

 

I say the "Amount he wants" because it is the amount he wants. It may be what I owe but it is still the amount he wants and we just don't have it. It is in his power to lower the amount. Up to him though. The ball is in his court at the moment.

 

As an aside, I found out in the state of NC he could have accepted my lesser rent for an infinite amount of time and then decided to evict and sue me for ALL that back rent. I guess I am glad it was only just over a year.  He even admitted he hadn't contacted us in over a year AND that there are repairs that need to be done. Didn't matter. It probably didn't for that moment in time, it still stings that he could admit it though without nary an eyebrow raised by the judge.

 

We are going to see what he says. IF he is amicable then we should be able to work something out. By amicable I mean an actual agreement (In writing!!) between us and him. We shall see what he says and what he would accept.

 

Thanks for the well wishers out there. It is much appreciated not to be told what I should have done. I realize now what I should have done. Hind sight is always 20/20. Had *I* taken *HIM* to court initially this would have been avoided. I was going to take him to court (to get a lesser rent) but I didn't because I don't think everything needs to be litigious. I now know differently. My intentions were NOT to stiff him on rent. In NC you CAN take the LL to court for a lesser rent if they aren't holding up their end. I could go round and round about this but it doesn't change the fact that I did things the wrong way and it bit me in the rear.

[Spryte]

I'm sorry it didn't work out exactly the way you hoped, but I'm happy to hear you're not being evicted.

 

How long is the continuance, and will you start looking for a new home?  Hoping you can move out and get into a new place, and that the LL can rent the current home to someone else.  Ideally, he'd forgive what you owe, too.  :)

[OneStepAtATime]

At least you got the continuance!  Wish you the best of luck in trying to work out something in writing with the LL.  Good luck!

Up to him though. The ball is in his court at the moment.

 

Respectfully, I would say the ball is in your court.  I think a fair proposal is that you will pay the January rent immediately (if you haven't already), and for the next year, the monthly rent will be the initially-agreed-to-rent, plus the difference you weren't paying for the last year.  If you think this is too expensive, I would honestly compare all the costs of moving -- first & last months rent, changing utilities, days off work, etc.

[Lady Marmalade]

If we move BEFORE the court date we done get an eviction on record?

 

 

 

 

Not necessarily.  There is a possibility that if you moved out he would drop the pursuit of an eviction, but I wouldn't count on that because he will still want his money.

 

The point of moving before the court date would be that RIGHT NOW you don't have an eviction on your record and would have an easier time getting into a new place.  Once that eviction is on your record, it will be there awhile, as others have mentioned. 

[TechWife]

 

I say the "Amount he wants" because it is the amount he wants. It may be what I owe but it is still the amount he wants and we just don't have it. It is in his power to lower the amount. Up to him though. The ball is in his court at the moment.

 

 

I don't understand. 

 

Why did the judge issue a continuance? What was it's purpose? 

 

Why is the ball in the landlord's court? 

[Lang Syne Boardie]

Not necessarily. There is a possibility that if you moved out he would drop the pursuit of an eviction, but I wouldn't count on that because he will still want his money.

 

The point of moving before the court date would be that RIGHT NOW you don't have an eviction on your record and would have an easier time getting into a new place. Once that eviction is on your record, it will be there awhile, as others have mentioned.

Exactly. If you think you'll lose this place, that the continuation will probably only delay the inevitable, move before word gets out.

[DragonFaerie]

I don't mean to show my ignorance, but what is a continuance?  What is its purpose?

[QueenCat]

If we move BEFORE the court date we done get an eviction on record?

 

 

 

It would probably not be reported as an eviction. But you would still have to pay him the money you owe him, or it will still go to collections, and be on your credit report, making future rentals for many years difficult. As well as accessing other credit as needed/desired.

[Joanne]

 

I say the "Amount he wants" because it is the amount he wants. It may be what I owe but it is still the amount he wants and we just don't have it. It is in his power to lower the amount. Up to him though. The ball is in his court at the moment.

 

As an aside, I found out in the state of NC he could have accepted my lesser rent for an infinite amount of time and then decided to evict and sue me for ALL that back rent. I guess I am glad it was only just over a year.  He even admitted he hadn't contacted us in over a year AND that there are repairs that need to be done. Didn't matter. It probably didn't for that moment in time, it still stings that he could admit it though without nary an eyebrow raised by the judge.

 

We are going to see what he says. IF he is amicable then we should be able to work something out. By amicable I mean an actual agreement (In writing!!) between us and him. We shall see what he says and what he would accept.

 

Thanks for the well wishers out there. It is much appreciated not to be told what I should have done. I realize now what I should have done. Hind sight is always 20/20. Had *I* taken *HIM* to court initially this would have been avoided. I was going to take him to court (to get a lesser rent) but I didn't because I don't think everything needs to be litigious. I now know differently. My intentions were NOT to stiff him on rent. In NC you CAN take the LL to court for a lesser rent if they aren't holding up their end. I could go round and round about this but it doesn't change the fact that I did things the wrong way and it bit me in the rear.

 

I'm still baffled at your understanding of the rental *agreement* and *contract*. He owns property that you pay him - an agreed amount, to rent. The steps to addressing acquaintance issues are more structured than notify, reduce rent, wish you had sued.

 

It is intuitive to me that he can accept partial rent payment and still expect to collect on the rest. I suspect it was the total month missed that kicked this into "evict" mode.

 

One very difficult thing for me was that my LL didn't care/shouldn't have to change our agreement based on my ability to pay. He allowed me to rent the space based on my ability to pay. He had a right to that expectation contractually but also functionally, even with a sick husband and major car accident. I had severely mitigating circumstances, but understood rent was due at the contracted rate, regardless - and even in spite of the bathroom not being available.

[TechWife]

I don't mean to show my ignorance, but what is a continuance?  What is its purpose?

 

A continuance is a postponement - the judge agrees to continue the case at a later date instead of rendering a judgement at the time or allowing an in-process trial to proceed. A party to the action can request one for a legitimate reason or the judge can issue one on his own for a variety of reasons.  They are often done when a witness is sick, there's a new lawyer on the case through no fault of the client, one of the parties doesn't show for the court date - any number of things, but a continuance is issued for a particular reason, so that something can happen (someone gets better, the lawyer gets up to speed on the case, etc.).

 

 

 

edited for clarification

[idnib]

A continuance is a postponement - the judge agrees to continue the case at a later date. A party to the action can request one for a legitimate reason or the judge can issue one on his own for a variety of reasons.  They are often done when a witness is sick, there's a new lawyer on the case through no fault of the client, one of the parties doesn't show for the court date - any number of things, but a continuance is issued for a particular reason, so that something can happen (someone gets better, the lawyer gets up to speed on the case, etc.).

 

I wonder what the reason is in this case. To give OP a chance to work out a payment plan? To give her a chance to find a new place without an eviction on her record?

[Amy in NH]

OP, did you check with your local housing agencies, religious charities, and/or government offices to see if they have some emergency funds for you?  You may be able to get assistance to pay off part of this debt, and make a payment plan to address the rest of it.

[Jean in Newcastle]

I wonder what the reason is in this case. To give OP a chance to work out a payment plan? To give her a chance to find a new place without an eviction on her record?

Even if it isn't for that reason it is in the OP's best interest to do those things during this time.  Take advantage of the continuance!  To not do so would be to shoot herself in the foot (metaphorically speaking).  

[Spryte]

I wonder what the reason is in this case. To give OP a chance to work out a payment plan? To give her a chance to find a new place without an eviction on her record?

 

I wondered that too, but whatever the reason, this is an excellent time for the OP to start making payments to the LL, and look for a new home.  

 

OP, do you have a plan for making additional payments to the LL and/or looking for a new home?  Did the judge say anything about a payment plan, or encourage you to work with him?  Even if s/he didn't, I hope you'll find a way to start proactively making some payments - send the contracted amount of rent plus another payment toward the past due amount. That would probably make the LL more disposed to working with you, and will look better in court.  I would do that even if the LL doesn't talk to you or come up with a plan, if you intend to try to stay in the house.  (Though honestly, I'm in the thinking-you-need-to-find-a-new-place asap camp.)

 

I hope it works out, in the best way possible for everyone.

[celticmom]

I can't help but wonder if the landlord didn't notice the issues himself until he started working on his tax forms.

[OneStepAtATime]

I can't help but wonder if the landlord didn't notice the issues himself until he started working on his tax forms.

Yeah, I was wondering that, too.

[Guest]

Thanks for the well wishers out there. It is much appreciated not to be told what I should have done. I realize now what I should have done. Hind sight is always 20/20. Had *I* taken *HIM* to court initially this would have been avoided. I was going to take him to court (to get a lesser rent) but I didn't because I don't think everything needs to be litigious. I now know differently. My intentions were NOT to stiff him on rent. In NC you CAN take the LL to court for a lesser rent if they aren't holding up their end. I could go round and round about this but it doesn't change the fact that I did things the wrong way and it bit me in the rear.

Is there not a third option? Why would you have (ideally) taken HIM to court? Is there not an option besides taking him to court, or paying a lesser amount that has not been agreed upon? This is what doesn't make sense to me about your posts. The rent you agreed upon at start *IS* the rent.

[Mynyel]

I have been hearing time and time again that I need to adhere to my contract.. my agreement with the LL. However what about him? He DID NOT hold up to his side. He gets off free as a bird and doesn't do repairs or takes months to do one thing and I can't TRY to re-negotiate my terms? What is so wrong with that? How was I supposed to know he didn't like it if he wasn't willing to communicate with me?

 

When does he get "in trouble" because he wasn't doing what he was supposed to? He signed the same contract. He was supposed to do things and he didn't. But I am the bad guy.

 

I don't get it. Sure I may have gone about it the wrong way but I *tried* communicating with him. I TRIED. HE was the one that did NOTHING for FIFTEEN months! YES, I didn't pay ONE month. Had I caught it myself or he told me it would have been rectified immediately. We had the money at the time. NOW we don't. He is suing to evict us BECAUSE he needs money. He told the judge himself. He needs to pay his taxes. Again, he told the judge himself.

 

I just don't see how ALL the blame can be laid SOLELY at my feet. A contract is a two way street!

 

And for those asking the continuance was so we could work it out ourselves. The LL told the judge he didn't have time to meet with us before the hearing so the judge gave 30 days.

[Lang Syne Boardie]

I have been hearing time and time again that I need to adhere to my contract.. my agreement with the LL. However what about him? He DID NOT hold up to his side. He gets off free as a bird and doesn't do repairs or takes months to do one thing and I can't TRY to re-negotiate my terms? What is so wrong with that? How was I supposed to know he didn't like it if he wasn't willing to communicate with me?

 

When does he get "in trouble" because he wasn't doing what he was supposed to? He signed the same contract. He was supposed to do things and he didn't. But I am the bad guy.

 

I don't get it. Sure I may have gone about it the wrong way but I *tried* communicating with him. I TRIED. HE was the one that did NOTHING for FIFTEEN months! YES, I didn't pay ONE month. Had I caught it myself or he told me it would have been rectified immediately. We had the money at the time. NOW we don't. He is suing to evict us BECAUSE he needs money. He told the judge himself. He needs to pay his taxes. Again, he told the judge himself.

 

I just don't see how ALL the blame can be laid SOLELY at my feet. A contract is a two way street!

 

And for those asking the continuance was so we could work it out ourselves. The LL told the judge he didn't have time to meet with us before the hearing so the judge gave 30 days.

You lowered the rent yourself and then skipped a month of that self-lowered rent. You owe him a lot of money which he can't afford not to collect any longer. Of course he needs to pay his bills. Of course he needs his money. There's nothing wrong with him wanting the money he's due for whatever purpose he wants it. It's his.

[Lang Syne Boardie]

What do you have in writing that he agreed to but didn't do? And do you also have in writing where he agreed to accept reduced and missed rent in lieu of making repairs?

[Amy in NH]

OP, did you inform the LL in writing about the problems that needed fixing? Did you actually make the repairs that the LL had neglected, and do you have receipts?  Were you able to present those facts to the judge?  Those are all important points to back up your case and to offset the amount you will owe.

[QueenCat]

I have been hearing time and time again that I need to adhere to my contract.. my agreement with the LL. However what about him? He DID NOT hold up to his side. He gets off free as a bird and doesn't do repairs or takes months to do one thing and I can't TRY to re-negotiate my terms? What is so wrong with that? How was I supposed to know he didn't like it if he wasn't willing to communicate with me?

 

When does he get "in trouble" because he wasn't doing what he was supposed to? He signed the same contract. He was supposed to do things and he didn't. But I am the bad guy.

 

I don't get it. Sure I may have gone about it the wrong way but I *tried* communicating with him. I TRIED. HE was the one that did NOTHING for FIFTEEN months! YES, I didn't pay ONE month. Had I caught it myself or he told me it would have been rectified immediately. We had the money at the time. NOW we don't. He is suing to evict us BECAUSE he needs money. He told the judge himself. He needs to pay his taxes. Again, he told the judge himself.

 

I just don't see how ALL the blame can be laid SOLELY at my feet. A contract is a two way street!

 

And for those asking the continuance was so we could work it out ourselves. The LL told the judge he didn't have time to meet with us before the hearing so the judge gave 30 days.

 

Were there specific repairs he agreed to do when you signed the contract? Or are you talking about things that came up? From what I understand, not all things are considered "urgent" under LL/tenant law, and there is much they can take their time with, or not do, if they don't deem it necessary. But it really doesn't matter. You don't get to not pay, unless a court mandates it or the LL agrees in writing to reduce the rent in exchange for you doing the repairs.

 

And what I really do not get is how you didn't notice you had extra money in January. If I notice that much extra money, I double check that I paid everything, so that I know why there is extra money there. This step would have showed you that you owed your LL rent. And then you wouldn't have accidentally spent it on something else.

[Mynyel]

What do you have in writing that he agreed to but didn't do? And do you also have in writing where he agreed to accept reduced and missed rent in lieu of making repairs?

 

I do actually. He had me write a list of things wrong to give to him. I also mailed it. It is also in the lease that he is to fix things that need repairing. Just like I am supposed to pay rent he is supposed to fix things. It is in the laws as well.

 

Again, I wasn't "willfully" just not paying rent! I thought I had successfully re-negotiated the terms! Everyone seems to gloss that over as well. I wasn't saying .. Oh he just doesn't need this money, I am just not going to pay him. It was a reduction in rent for "damaged goods".

 

Yes, I paid a lesser rent. I asked him for it. He didn't say anything about getting less. How can taking it for over a year then filing for eviction be "right" after that long? He could have waited YEARS!

 

How do you hold the LL to their part of the contract?

[QueenCat]

OP, did you inform the LL in writing about the problems that needed fixing? Did you actually make the repairs that the LL had neglected, and do you have receipts?  Were you able to present those facts to the judge?  Those are all important points to back up your case and to offset the amount you will owe.

 

This!

[QueenCat]

 

 

Again, I wasn't "willfully" just not paying rent! I thought I had successfully re-negotiated the terms! Everyone seems to gloss that over as well. I wasn't saying .. Oh he just doesn't need this money, I am just not going to pay him. It was a reduction in rent for "damaged goods".

 

Yes, I paid a lesser rent. I asked him for it. He didn't say anything about getting less. How can taking it for over a year then filing for eviction be "right" after that long? He could have waited YEARS!

 

The only legal way to have successfully renegotiated the rent is for the LL to respond in writing that the rent is officially reduced. NOT hearing back doesn't mean he agreed to it. And how did you determine how much the damaged good were worth? Receipts for the repairs?

[QueenCat]

 

How do you hold the LL to their part of the contract?

 

Small claims court. That doesn't require you to hire a lawyer.

[PollyOR]

Speaking as a landlord, I'm on your side.  In the future make sure you have everything in writing as part of a legal rental agreement.  Landlords often think that since they own a property they can run the business the way they want and are unaware of tenant rights.   

 

Can you get assistance (HUD?).  You would have more legal protection and would possibly be able to find a higher quality rental.