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  1. #1
    flossy is offline Junior Member
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    Landlord Blackmail Harassment

    What is the name of your state? KY

    My complex manager saw my daughter's pit bull pup Friday when she came to visit me. The dog left Friday evening but the manager says she has allegations that the dog was chasing people all over the parking lot on Saturday. That's impossible since the dog was not on the property Saturday.

    No where in the lease or rules & regulations does it say visitors cannot bring their dogs with them, it just says tenants cannot have pets without written permission.

    The manager calls me to the office for a "meeting" about the situation and after discussing that I would be getting new parking stickers and that she would give me a new key to the laundry room, she then said she wants me to move.

    She said East Ridge Apartments has plenty of openings and that I should go there and sign up. The funny thing is that property and the one I'm currently living at are run by the same management company.

    She told me I could go ahead and leave on my own or face eviction procedures.

    So I called the district manager and she said she would talk to me about it on Monday when we meet.

    But Monday morning the manager called me and said the district manager would not be coming. Then a little later she called and left a message on my answering machine saying the district manager actually showed up and that they thought it would be best to go ahead with what "we" had discussed.

    This was not fair because I was not able to defend myself against the manager's false allegations.

    I'm on a one year lease that expires in January. I feel like the phone call was threatening me to break the lease else face eviction. I aslo feel like I'm being harassed by the manager who has been there only 10 months. I have custody of two grandchildren and live on a fixed income so moving out of the blue is not something I can do. I've been at this property over 5 years.

    Should I give my 30 day notice or wait to be evicted? Does this sound like I have any recourse to go on? I'm worried sick.

    Answering machine message transcribed:

    "Hello, Brenda, this is Julie, um I was calling -- Susan actually showed up over here um I went -- you know -- went over everything with her so um we're still are going go along with what we -- what we talked about um so either um I don't want to say too much on your answering service um I'm not going be here starting tomorrow I won't be back until Friday because we're going to the HUD convention. Um but we're still going along with what -- you know [pause] -- what we were talking about um so you can go ahead and give a thirty day notice if you want and leave that way or [pause] you know what we discussed so um if you have any questions you can call me back but I will be leaving early today I don't know what time you'll be home um otherwise I'll be back Friday. Thanks."

    [URL=http://s87221668.onlinehome.us/051506.mp3]Click here[/URL] to hear the message.
    Last edited by flossy; 05-17-2006 at 09:50 AM.
  2. #2
    BelizeBreeze is offline Senior Member
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    what does your lease say EXACTLY WORD FOR WORD regarding pets.
  3. #3
    xylene is offline Senior Member
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    Pit bull pup. JOY OF JOY

    Look don't give your notice unless your landlord has given written cancellation of your lease obligation.

    Concerning the pet and eviction:

    From the KY Landlord Tenant Guide


    Right to Terminate Lease. If the tenant refuses to comply with the provisions of the lease or the Landlord/Tenant Act, the landlord is entitled to give the tenant written notice specifying the violation and stating that the lease will terminate after fourteen days unless the offense is resolved. The tenant must be given a chance to rectify the situation and prevent termination of the lease. If the tenant makes the necessary repairs or pays damages within the allowed time, the lease shall not be terminated. If the violation reoccurs within six months, the landlord has the same recourse; however, in this case, the landlord is not required to give the tenant a second chance to undo the damages and may terminate the lease upon fourteen days' written notice.

    In the special case when rent is overdue, the landlord must give the tenant written notice granting him only seven, and not fourteen, days in which to pay. If the rent is still unpaid after the seven days, the landlord may terminate the lease at this time (KRS 383.660).

    The landlord's right to terminate the lease (when the tenant is in violation of any of the lease's provisions), is lost whenever the landlord accepts a rent payment with full knowledge of the tenant's violation. For example, the tenant may, in violation of a "no pet" clause, have a cat on the property. Once the landlord collects the rent with full knowledge of the cat's presence he may never terminate the lease claiming that the "no pet" clause has been violated (KRS 383.675).

    In some situations, the landlord may prefer not to terminate the lease when a tenant refuses to remedy a situation in which the tenant's action has put the health and safety of others in jeopardy. If the tenant has failed to have the damage properly repaired, the landlord is entitled to hire someone to repair any damage at the tenant's expense fourteen days after the landlord has given the tenant written notice describing the problem. The landlord must give the tenant an itemized bill for the cost of the repair, and may collect the amount due with the next rental payment (KRS 383.665).
    Your phone message is not is proper notice. They would have needed to give you written notice and 14 days to cure.

    It seems simple. NEVER have ANY ANIMALS in your home (even cute little, vicious, dangerous, liablity-prone, accident waiting to happen, baby mauling pit bull puppies.)

    That is what NO PETS means. Not even visitors.

    And so you know, Your daughters cute puppy fills me with a dread that makes me want to instinctively reach for a...
  4. #4
    flossy is offline Junior Member
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    Quote Originally Posted by BelizeBreeze
    what does your lease say EXACTLY WORD FOR WORD regarding pets.
    RULES & REGULATIONS:

    PETS

    Pets or "baby-sitting pets," are not permitted, except for assistive animals which are justified as a reasonable accommodation for disabled or handicapped individuals. (Exception: those communities that are 100% occupied by elderly, disabled or handicapped.)


    -----------------------------------


    HUD LEASE

    13. General Restrictions: The Tenant agrees not to:

    d. have pets or animals of any kind in the unit without the prior written permission of the Landlord, but the Landlord will allow the tenant to keep an animal needed as a reasonable accommodation to the tenant's disability, and will allow animals to accompany visitors with disabilities who need such animals as an accommodation to their disabilities;
  5. #5
    xylene is offline Senior Member
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    Then CLEARLY you violated your lease.

    Under KY law they have to inform you in writing and allow you to cure in 14 days.

    You did cure the situation.

    NEVER have a pet or animal back.
  6. #6
    incircles Guest

    Wow

    Someone with very good advice!
  7. #7
    flossy is offline Junior Member
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    I sent the management company an apology letter by certified mail asking them to reconsider. 5 days have elasped since the letter was delivered. I have not heard anything from anyone.

    Doesn't the manager have to give the 14 day notice to move in writing?
  8. #8
    fairlight is offline Member
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    Your landlord has to go to court to evict you, flossie.
  9. #9
    flossy is offline Junior Member
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    Quote Originally Posted by fairlight
    Your landlord has to go to court to evict you, flossie.
    I agree but isn't the LL supposed to give me a written notice of 14 days to move or face eviciton?
  10. #10
    flossy is offline Junior Member
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    Anyone know?
  11. #11
    acmb05 is offline Senior Member
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    Quote Originally Posted by flossy
    Anyone know?
    Yes the manager has to give you whatever notice is in your LL/T laws for your state.

    On a side note I would call the district manager back and let her hear the little recording that the apartment manager left on your machine and inform her that the manager called you beforehand and informed you that she would not be there that day.

    I seriously dought any judge would rule in favor of an eviction against a tenant who has lived there for 5 years and has never had a problem before and only had an animal at her home for a short time(less than a day)

    Sounds like manager lady has someone who is looking for an apartment and is trying to scare you into moving so your apartment becomes available. Ask around and see if any other tenants are being asked to vacate early also.
  12. #12
    flossy is offline Junior Member
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    It's been a month and I still haven't heard any thing about the letter I sent.

    I left my rent check in the manager's mail slot on June 1st and it has not cleared my bank yet. Most rent checks clear my bank between the 5th and 10th of each month. I'm just wondering if she even deposited my check.

    Isn't there a statute of limitations on the amount of time that can elaspe? And if she accepted my rent payment doesn't that mean she has lost her rights under the law to evict?
  13. #13
    Hot Topic is offline Senior Member
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    No, she hasn't lost her right to evict. A landlord can always have you served with eviction papers. That doesn't necessarily mean they'll win.

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