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#2499424 04/18/11 08:10 PM
Joined: Feb 2011
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Hello all,

We have been renting from a landlord for 2 years now.. we have always paid the rent every month (the only exceptions where when my father passed away and the month of March).. We paid half of what we owed in April of last year (250 out of 500) and we paid all of March (500).. So when you add it the cost is 750.. I paid 150 more to cover the pet. So when I handed the landlord's wife money it was $900 dollars to cover this. We keep tabs, too, ya know. It should of been all she wanted. We get 10 days grace period after the due dates within the month. We pay twice in one month due to the rental agreement we all agreed to.

So, the landlord's wife calls and says it isn't enough and that we owe an additional 850ish on top of the money we due this month... The wife and I are very skeptical of this claim. Our landlord is the type that will call one day past due date and say "Where is our money?" We are to the point we use an intermediary most months because we can't stand her unprofessional demeanor. We think she is trying to rip us off.. We have asked for months to get us a printed receipt every month because that is the legal thing to do... Well, she has not. I called her husband to say we have not received a receipt, she is saying we owe her an additional $850ish but according to our records we have now paid in full with the back pay. I also complained that we have not received a receipt in forever and demand that we get one...

What should we do? The thing we just realized is we should not pay in cash anymore but pay with a check. We also have been using her MOM as an intermediary (which does keep her in check a lot--they don't get along much).

We want to move but don't have the money... We can't afford to buy a house because our credit stinks. What can we do in this situation?

Thanks,
Eric

Joined: Dec 2006
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LoveCag, first of all, do you have a lease?

Second, yes, you should always pay by money order or check, never cash. Unfortunately, you may find yourself being evicted because you can't prove that you have paid. I would still fight it. Send a certified letter outlining all of your payments to create some kind of written record. It will be up to them to dispute it in writing. Also, point out in your letter that you have requested receipts numerous times but have not received anything. In Texas, there are tenant rights group that help people out in these kinds of situations, maybe there is something like that where you live.

If your credit is bad, nowadays a lot of places are offering "second chance" leasing of apartments or houses. You may end up paying a little higher deposit but you'll at least get another chance. Then, start paying by money order or check!

Good luck!


Widowed 11/10/12 after 35 years of marriage
*********************
“In a sense now, I am homeless. For the home, the place of refuge, solitude, love-where my husband lived-no longer exists.” Joyce Carolyn Oates, A Widow's Story
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When you first started renting, did you pay a security deposit and first months rent? Why do you pay twice monthly instead of one payment?

The exceptions that you say were the time your father passed away and the month of March, what year was that and did you skip the rent payments?

Last year, you say that you paid all of March but then only half of April and then $150 for a pet � was that a pet deposit for the year? So did you ever pay the additional $250 that you owe for April of last year?

The receipt thing is an easy fix, you can:
1. Pay bill online
2. Give a check or money order with a carbon copy
3. Give cash and make her sign a receipt that you�ve typed up

What exactly does the rental agreement say? Is it an actual lease or are you a tenant at will? Does it state in a signed agreement that you have a ten day grace period twice a month? Don�t understand that at all. As a landlord, I would never agree to a "grace period" - when the rent is due, I want my money.

I would ask for a letter detailing exactly what it is that she thinks that you owe and proceed from there. The burden of proof is on the landlord to show that she has accounted for your rent payments, if she has and you have no substantive proof that you have paid during any periods that she has as delinquent, chances are that you will lose in small claims court.


The one constant through all the years has been baseball. America has rolled by like an army of steamrollers. It's been erased like a blackboard, rebuilt, and erased again. But baseball has marked the time. This field, this game, is a part of our past. It reminds us of all that once was good, and it could be again.
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Originally Posted by americajin
When you first started renting, did you pay a security deposit and first months rent? Why do you pay twice monthly instead of one payment?

The exceptions that you say were the time your father passed away and the month of March, what year was that and did you skip the rent payments?

Last year, you say that you paid all of March but then only half of April and then $150 for a pet – was that a pet deposit for the year? So did you ever pay the additional $250 that you owe for April of last year?

The receipt thing is an easy fix, you can:
1. Pay bill online
2. Give a check or money order with a carbon copy
3. Give cash and make her sign a receipt that you’ve typed up

What exactly does the rental agreement say? Is it an actual lease or are you a tenant at will? Does it state in a signed agreement that you have a ten day grace period twice a month? Don’t understand that at all. As a landlord, I would never agree to a "grace period" - when the rent is due, I want my money.

I would ask for a letter detailing exactly what it is that she thinks that you owe and proceed from there. The burden of proof is on the landlord to show that she has accounted for your rent payments, if she has and you have no substantive proof that you have paid during any periods that she has as delinquent, chances are that you will lose in small claims court.


We did pay a security deposit and first months rent.
We pay twice monthly because paying 500 dollars in one go was hard for us at the time (and to get in that place it had to be paid at the beginning of the month unless you negotiate and we needed to get out of our old place so we escaped as quickly as possible).

Father passed away April of 2010 (Skipped with full notification to the landlord we were going to be gone for a long time... paid HALF of what was late for April the following month-$250 was left for a balance).

March of 2011 wasn't paid on time for the month (notified the landlord) because of vehicle and a revolving overdraft which was the bank's fault--which they didn't rectify.

So at the end of March, landlord told me what was due $900. It was what was left of April 2010 and the month of March 2011. I paid it. Asked for a receipt, was told it was "coming".. its now after mid April-still no receipt. Have asked for a receipt for a long time every month for a while now.

Landlord said "thanks, you are now back in the black."

The $150 was for one cat.. Landlord doesn't require pet deposit up front-- just an additional $25 tacked on to the rent. It was included in the $900.

The payment for the $250 was included in the $900 for April of 2010 so yes, we did pay it.

For receipts: We will now be paying with proof.

We are a tenant at will now. The rental agreement says 10 day grace period following times in the month that it is due. I owe the 7th and 22nd of every month.. She says it is 10 days each time. As long as it is paid before it gets too far into the first week we would be fine and not accessed a late charge. We were on a lease agreement the first year. However, landlord says the agreement still is in effect but we can now leave the premises without breaking lease whenever we want.

Everything was signed that way.

Soo.. trying to figure out why she says I owe an additional 850ish.. I will send a certified letter.

Will also pay by proof now, will not use cash anymore!

Joined: Jul 2008
Posts: 650
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Yes, always pay with some kind of proof - trust no one. Two most expensive words in the English language are "trust me" (although "I do" can be for some).

When you paid in cash, did you withdraw the money $250 at a time from your bank? The withdrawal record could be a sort of proof for you.

I wish you luck, sounds like you've had some hard times recently.


The one constant through all the years has been baseball. America has rolled by like an army of steamrollers. It's been erased like a blackboard, rebuilt, and erased again. But baseball has marked the time. This field, this game, is a part of our past. It reminds us of all that once was good, and it could be again.

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