Tenant Dispute Forum Board

This topic is to see what laws/rights are there when a landlord is unfairly trying to evict you.

hello,

i gave my 30 day notice on 10/13/09 and move out date was on or prior to 11/15/09 and i only paid half the rent for November, which he already cashed. Did a walk thru with the landlord on 11/16/09 and returned the keys, pointed out the damages, unfortunately there was no check list prior to moving in. The contract states “Deposit will be returned to Resident less a $50 carpet cleaning charge 30 days after move out date”

Well 30 days passed and i did not receive anything in the mail like an itemized list of deductions for the damages, no letters, phone calls or emails. 12/22/09 came and still no communication from the landlord so i sent him an email looking for status....no response. I did not call him much because i thought he knew what was written in the contract and trusted that he’d give me some of my money back, but nothing?

i called him today and he said the damages exceeded my deposit of $1,000...what damages?!!? I never got nothing in the mail, no itemized list, no check! Then he said “because of the holidays, i’ll be nice enough and give you back 25%” I was so furious! He started making excuses of how he had to take time off work to clean and repair the damages in the apt and blah blah blah.

Should i try to reason with him first or take him to small claims court? the lease agreement states 30 days, it’s almost 2 months now and nothing at all from him. I’ve never had problems in the past with getting my deposit or 50% of it back at least but losing the entire thing is a first

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In most states, leases must be honored by the new owner....even if that new owner is a bank. If you’ve paid your rent “to the right people,” they cannot invalidate your lease. If the bank owned the home and you continued to pay rent to the landlord, you’ve got a problem. You’d be considered delinquent on your rent even though you paid—because you paid the wrong person. You’d have a “small claims case” against your former landlord. And a case to make with the bank that you weren’t properly notified that the actual foreclosure sale had taken place. A bank will probably work with you if that’s the case. They’d probably rather have a good and cooperative tenant than an empty house. If you have no lease, in most states, it takes a 30-day notice and court action to get you out. Some states have a 3-day-to-quit notice if you are already delinquent with your rent.

Hi, my name is Jemsbond16 from Ukraina. I’m 27 y.
I just love to read this forum articles & topics discussed here.

The LL is correct. If the house is sold, the new owner would have to honor your lease. If the prospective buyer does not want a tenant, they can buy and wait out your lease (giving you notice they will not renew at its end), or just pass on buying that house. However, this is assuming you are in compliance with your lease terms. You are not. By being behind in rent, the LL can evict you from the premises (even for just being behind one month’s rent). After you are evicted, he can sell to the prospective buyer or re-rent the unit.

Jeep Patriot Parts

My landlord is not refusing to accept my rent, she is refusing to provide a receipt. I live in New York, if a landlord is willing to accept cash as payment for rent, they are required by law to provide a receipt. Also in the state of New York, a tenant can withhold rent if a landlord refuses to fix things. Also landlord retaliation is prohibited in New York, a landlord cannot try to illegally or legally evict a tenant for complaining about the living conditions. I believe the reason she is refusing to provide a receipt is because she doesn’t want a paper trail that proves she has been collecting rent on an illegal apartment.

As far as the other tenant that was harassing me...i called the police and the police wouldn’t do anything about it because, according to the law a person can say what they want to you as long as they don’t threaten you with a weapon. I also tried to go to criminal court and get a order of protection against this tenant, but they refused to grant me one because of the living arrangements. They also said that it was a landlord/tenant issue and the landlord refused to do anything about this tenant.

If she was not providing receipts how can she prove that i owe her back rent? by her refusing to provide a receipt, she basically refused to accept the rent. She ended the contract by refusing to accept the rent, she even broke the law, so how could she prove that i owe her anything? She started the eviction process by asking me to move out after I complained about the living environment and by refusing to provide a receipt, so how can she then say i owe her back rent?

She doesn’t really want to collect rent from me, she wants to get me evicted and has a sneaky way of going about it. She named me in a petition and didn’t serve me with papers hoping i would not find out about the case, so therefore i wouldn’t show up to court and she can then get a default judgement against me. If I didn’t show up to court, i could have been evicted and i would have had a default judgement on my record.