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Now LL doesnt want rent???

(16 posts)
  1. EndOfMyRope

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    Posted 8 years ago
    Sun Oct 2 2011 9:24:30
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    Hi friends,

    While I havent yet heard back from them, this past Monday, after waking up covered in bites, and subsequently killing 15 or 20 of the blood sucking monters, I was so furious and fed up, I called both the housing inspector and the heath dept and filed a complaint. (LL refuses to treat)

    Last night he collected everyone's rent - except mine. No knock at the door, nothing. Strangely enough, I had a feeling yesterday morning he wasnt going to come asking for it, but got the money order anyway (didnt fill it out though)

    Ive read other folks have filed similar complaints - anyone else have this happen, or a guess as to why he didnt collect rent from me? Hes obviously up to something, I just dont know what...yet

    Jeez Im so tired of the games.. Thanks in advance for your thoughts

  2. cilecto

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    Posted 8 years ago
    Sun Oct 2 2011 10:25:36
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    I'd consult with your legal advisors, but my guess, he wants to make it look like you didn't pay (or refused to pay) rent. If I didn't have better advice, I'd photograph the MO and envelope and mail the rent and get proof of mailing from the post office.

    Thou shalt not be afraid for the terror by night...
    - Psalms 91:5-7

    (Not an pro)
  3. AshamedandScratching

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    Posted 8 years ago
    Sun Oct 2 2011 11:18:26
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    Is it legally permissible for you to put the money into an escrow account? Then you deposit your money into that account and show your intent to pay in a timely manner.

  4. rs1971

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    Posted 8 years ago
    Sun Oct 2 2011 12:55:50
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    AshamedandScratching - 1 hour ago  » 
    Is it legally permissible for you to put the money into an escrow account? Then you deposit your money into that account and show your intent to pay in a timely manner.

    You can't have your cake and eat it to. You need to send him the money order and request a signature at delivery.

    -rs1971

  5. cilecto

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    Posted 8 years ago
    Sun Oct 2 2011 13:06:05
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    rs1971 - 9 minutes ago  » 

    AshamedandScratching - 1 hour ago  » 
    Is it legally permissible for you to put the money into an escrow account? Then you deposit your money into that account and show your intent to pay in a timely manner.

    You can't have your cake and eat it to. You need to send him the money order and request a signature at delivery.
    -rs1971

    Get proof of mailing. Someone I know who knows landlords advises me that landlords routinely refuse to accept delivery of certified mail.

  6. theyareoutthere

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    Posted 8 years ago
    Sun Oct 2 2011 13:27:39
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    My understanding as well. Recommend that you contact legal aid vs. get advice on internet. You may want to have a lawyer review your lease and give you advice based on the review of your specific lease vs. general guidelines. For example, your lease may include information on how the rent is to be delivered (acceptable forms, grace period, etc).

    Personally, not a proponent of email with landlords. But, listen to your lawyer.

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  7. BugsMustDie

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    Posted 8 years ago
    Sun Oct 2 2011 13:33:26
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    As advised above, I would mail it with proof of delivery. I would also send it with a letter stating that he failed to pick it up and that is why you are mailing it. Make copies of everything and keep the receipt from the post office. Documentation is going to be your best friend.

  8. EndOfMyRope

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    Posted 8 years ago
    Sun Oct 2 2011 14:09:28
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    Rs1971, I mean no disrespect, but Im not trying to have it both ways. I did my part, got a bank money order for the full amount of rent due..i waited at home for him. And despite being right outside my door to collect rent from my neighbor across the hall, he chose not to collect the rent from me. Again, I mean no disrespect in any way, but I did all that was required of me. In the five years I have lived here, rent has always been handled the same way - on the first of every month, at the same time of day, he comes and collects everyone's rent.

    I tried to reply earlier, but my phone froze and it didnt post. I do plan to call my legal counsel first thing tomorrow for advice on how this should be handled - I asked here if anyone had experienced this because I was curious, and wondered if it was common practice by LLs when a tenant files a complaint, thats all. Im sorry if I stepped out of bounds in doing so.

  9. theyareoutthere

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    Posted 8 years ago
    Sun Oct 2 2011 14:12:52
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    End,

    You didn't step out of bounds...just what works for one person may not work for the next. I spoke to a lawyer once about one of my old landlords and it became clear to me that the landlord had played a certain game before and I was about up to my knees in quicksand based on advice from friends and my own actions.

    It does seem REALLY suspicious.

  10. buggyinsocal

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    Posted 8 years ago
    Sun Oct 2 2011 14:24:43
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    Endof MyRope,

    Given that the post in question quotes AshamedandScratching, I think rs1971 was responding to Ashamedand Scratching, not you. I mean, I don't mean to speak for rs1971 or anything, but that's how I read the post.

    I know you're stressed, so I just wanted to point that out.

    I hope your legal folks get back to you soon; the truth is that laws about this vary so much from location to location that it's hard for any of us to know what the answer in your situation is.

    I know I've said it before, but I just wanted to reiterate--your landlord is being a real dick about all of this. I'm sorry you're going through this.

  11. cilecto

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    Posted 8 years ago
    Sun Oct 2 2011 14:46:09
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    I'm guessing that he's documenting that he did not receive his rent. Your challenge is how to "document" that you waited in the apartment for the collection.

  12. rs1971

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    Posted 8 years ago
    Sun Oct 2 2011 15:42:45
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    EndOfMyRope - 1 hour ago  » 
    Rs1971, I mean no disrespect, but Im not trying to have it both ways. I did my part, got a bank money order for the full amount of rent due..i waited at home for him. And despite being right outside my door to collect rent from my neighbor across the hall, he chose not to collect the rent from me. Again, I mean no disrespect in any way, but I did all that was required of me. In the five years I have lived here, rent has always been handled the same way - on the first of every month, at the same time of day, he comes and collects everyone's rent.

    Hi EndOfMyRope,

    I was responding for AshamedAndScratching's idea that you could escrow the funds in lieu of paying the rent, though I admit that I slightly misread the post and didn't realize that he wasn't the original poster. Sorry for the confusion.

    That said, speaking as a landlord I have a couple of general thoughts. First of all the laws which govern landlord / tenant issues vary wildly from state to state and even city to city so your best source of information would be from local free or reduced fee legal aid if such services exist.

    It is likely that the landlord is avoiding you with the intention of evicting you for non-payment. This is a pretty rotten thing to do, but you should understand that, unless there is verbiage in your lease to the contrary (there almost certainly isn't), as the tenant the onus for making the rent payment is on you. The fact that he typically picks it up in person is irrelevent.

    If I were you I would post the rent immediately and require a signature. I would of course keep the postal receipt. I would also draft, copy, and include a brief note explaining that you were surprised that he didn't stop by for the rent as his his custom and so have mailed it off at your earliest convenience.

    Good luck.

    -rs1971

  13. EndOfMyRope

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    Posted 8 years ago
    Sun Oct 2 2011 15:49:45
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    Hi guys,
    Thanks again for responding .. TAOT, I definitely plan to follow the advice of my legal counsel on how to handle the rent. I am not at all comfortable mailing it, even certified, as he will refuse it. Hes made it clear he will not sign anything for me, and I dont want a money order for several hundred dollars just floating around. I am very suspicious of his latest behavior, for sure. As I said, I am sure hes up to something..

    Buggy, it actually is legal where I live to withhold rent IF certain conditions apply. In my case, they do. In refusing to provide treatment, and eradicate the bbs,.he is refusing to provide the safe, sanitary habitable dwelling I am entitled to by law. However, I will not take that step without being advised to do so. Just too risky a call to make on your own. He is indeed being a real dick.. No argument here on that! I have to hope that in the end (this will be resolved some day, right? Please tell me it wont be like this forever) that will be held accountable for his actions - well, lack thereof.

    Cilecto, youre absolutely right, my friend..he did indeed document he didnt receive rent from me.. no doubt in my mind thats exactly what he did. Now, Im not sure how much it helps me, but I can prove I was home last night - my son was here with me, and, my car broke down yesterday morning - my daughter's dad brought me home mid afternoon, after having my car towed. there are actually a few folks who can attest that Ive been stranded at home since yesterday.

    Thanks again, guys.. Ill make that call first thing in the a.m.

  14. EndOfMyRope

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    Posted 8 years ago
    Sun Oct 2 2011 16:13:41
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    Hey rs1971,

    I saw you posted a reply the same time I posted one.. I wanted to take a minute to first thank you for the advice, and second just comment on the points you made - all good ones, btw. Dont worry about the confusion earlier - I shouldve scrolled up to see what you were replying to. I posted that he comes to collect rent because someone asked about what my lease says in regard to making payment. I do (thankfully!!) Have legal counsel helping me with this, and will contact him in the morning.

    I think your theory that he deliberately didnt collect my rent so he could (again) try a non payment eviction (we did this in Sept when he refused to sign a receipt for payment, and I held on to the check until I got a receipt) it makes sense because hes been trying everything he can, to include letting the bbs drive me out, which hasnt worked yet because his ignorance doesnt allow him to grasp I have no intention of taking these blood suckers with me, despite telling him this several times. I do understand your point that its my responsibility to get the rent to him on time, (and PLEASE PLEASE dont take this wrong) but am I really expected to chase him down the street - particularly when he was just outside my door? If I mail it, he will refuse to sign for it..hes already made it very clear he will not sign anything from me or for me. I dont want a money order, particularly one for several hundred $$ floating around, even with proof I sent it to him. The idea makes me very uncomfortable, to say the least.

    Again, thanks so much for taking the time to reply.. I do appreciate it

  15. BugsMustDie

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    Posted 8 years ago
    Sun Oct 2 2011 17:00:54
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    If he refuses to accept the mail, the postal worker will mark your receipt "refused" and it will be returned to you as proof.

    In the process of working with your legal assistance group/tenant union, have you actually drafted a letter to your landlord requesting he treat the problem? I apologize if you have mentioned this. The reason I ask is because this may be part of the legal documentation you may need. As stated, every city & state have different laws. I once legally broke my lease by notifying the landlord in writing of a cockroach infestation and requesting he treat the problem (I think within 15 days - that was the city's law). I said in the letter if he did not treat the problem I would vacate the apartment without legal obligation to fulfill the requirements of my lease. He did not treat the problem and since I notified him in writing (made copies & requested return receipt), I was free to move out and he had no legal rights to charge me. Now in my case, I just wanted to get out of there, but you have said you don't want to do that for fear of bringing the bugs with you. I completely understand. Again, this depends on your particular laws, but your law may require you to request the treatment in writing before you can withhold rent. I hope your tenant union will advise you on this. - Best to you

  16. EndOfMyRope

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    Posted 8 years ago
    Mon Oct 3 2011 3:20:42
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    Hi BugsMustDie,

    Thanks for the info about the mail. I have not written a letter to the LL about treating the apartment.. In a nutshell, bbs were found in 1st fl apt in July, inspection found them in mine and upstairs from me. Aug 17th, first treatment, second scheduled a week later, third, two weeks after that. The day of the first treatment is the only time I found any evidence of actual treatment. Day of second, they only placed new glue traps in my apt, day of third, at LLs request, they didnt step foot in my apt. I find that out after having sat in my car with my cats for 7 hours. Neither LL or "pco" who both saw me in my car said anything. They treated first and third floor and left, leaving me sitting out in the rain believing theyd done my apt. I am quite anxious to speak with my legal rep this morning.. Been up most of the night, again.. I really cant deal with being here anymore


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