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landlord broke payment arrangement

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coldascrystal

Junior Member
What is the name of your state (only U.S. law)? louisana
I set up a payment arrangement with my apartment complex to pay my rent late on the 23rd. apartment manager said it was fine and not to worry. i asked her twice if there was anything else i had to do and she said no then on the 21st they filed for eviction. I talked to her and she said the company said they cant extend it past the 15th but i was not informed of this. now they are saying i am also responsible for court costs even if i pay the bill today. I cant afford that. if i pay the rent will i be evicted if i don't pay the court costs. should i go back and tape her saying that we had the agreement? I am because this came up so late in the day i won't be able to pay the amount today as i had agreed but they already filed the eviction so will that hurt me?
 


What is the name of your state (only U.S. law)? louisana
I set up a payment arrangement with my apartment complex to pay my rent late on the 23rd. apartment manager said it was fine and not to worry. i asked her twice if there was anything else i had to do and she said no then on the 21st they filed for eviction. I talked to her and she said the company said they cant extend it past the 15th but i was not informed of this. now they are saying i am also responsible for court costs even if i pay the bill today. I cant afford that. if i pay the rent will i be evicted if i don't pay the court costs. should i go back and tape her saying that we had the agreement? I am because this came up so late in the day i won't be able to pay the amount today as i had agreed but they already filed the eviction so will that hurt me?

Do you have this agreement in writing? Have you paid on the 23rd routinely in the past without problems?
 

coldascrystal

Junior Member
Do you have this agreement in writing? Have you paid on the 23rd routinely in the past without problems?
no i was surprised she didnt have a problem with it. i went in and asked if i could get some more time she said "when do you want to pay?" i said 23rd thinking she would say no. she said "23rd, it is" my reply" "What that's it?!?! I was stressing this and it was that easy?" she said yeah "If you won't have it till them you wont have it no need to stress over it." i asked her how much i would owe and there was no mention of court costs. She even said now if you dont have it on the 23rd we will have to start eviction proceedings. I have never been that late with rent in my life.
 

Gail in Georgia

Senior Member
Rent is typically due on the first of the month.

If you negotiate a different date with the landlord/management, it is always best to get this writing so you have documentation of a mutual agreement regarding this.

Pay the rent and the cost of filing for the eviction. If you don't management is unlikely to accept your rent payment and will continue on with the process of eviction.

Gail
 

coldascrystal

Junior Member
Rent is typically due on the first of the month.

If you negotiate a different date with the landlord/management, it is always best to get this writing so you have documentation of a mutual agreement regarding this.

Pay the rent and the cost of filing for the eviction. If you don't management is unlikely to accept your rent payment and will continue on with the process of eviction.

Gail[/QUOTE/

Wouldn't the manager be the agent apparent and thereby any agreement she entered into while performing her duties as be valid? And would a tape of her saying she made the agreement be usable to prove the agreement was made. this is the first time i have face an eviction and the fact this is on my record now is just wrong.
 

sandyclaus

Senior Member
Rent is typically due on the first of the month.

If you negotiate a different date with the landlord/management, it is always best to get this writing so you have documentation of a mutual agreement regarding this.

Pay the rent and the cost of filing for the eviction. If you don't management is unlikely to accept your rent payment and will continue on with the process of eviction.

Gail
Wouldn't the manager be the agent apparent and thereby any agreement she entered into while performing her duties as be valid? And would a tape of her saying she made the agreement be usable to prove the agreement was made. this is the first time i have face an eviction and the fact this is on my record now is just wrong.

Understand that if your rent is NOT paid ON TIME and IN FULL, then the LL is well within their legal rights to begin eviction proceedings against you - starting with a Notice to Pay or Quit, which can result in an eviction filing with the courts if you fail to comply.

If you don't have the rent, there isn't much they can do at that immediate moment to force your hand, is there? Would it really have made a difference if they had said "No, you can't pay on the 23rd"? Would it have caused you to pay all you owed right there and then, on the spot? If your answer is NO, then understand that it wouldn't really matter what the LL would say, either. They are entitled to the rent paid per the lease or rental agreement, and they have the law to back them up when a tenant fails to pay.

It might not have been up to the manager. The owner may have a very strict policy of proceeding with an eviction if the rent is not current by a certain date, and the manager may not have been aware of it. Either way, it really doesn't make much of a difference. The LL was legally entitled to file for eviction against you. They don't have to be nice and cooperative, because that gets taken advantage of far too easily. If you let a tenant pay late one month, then they'll come to expect it - and if it happens regularly, then the law can be used to see that as permissive.

My question to you is this: Did you receive a 5-day Notice telling you to pay or vacate?

Also be aware that the eviction process in Louisiana is pretty swift. An eviction trial is scheduled 3 days after you've been served with notice. If you appear that the judge finds against you, you'll be ordered to leave within 24 hours. You can see the whole process here: http://www.ag.state.la.us/Shared/ViewDoc.aspx?Type=3&Doc=220

I'd seriously get that money paid, or hire yourself an attorney so that you have the best fighting chance.
 

coldascrystal

Junior Member
When i went to talk to her i had $500 of $630 i owed. Had i been told i could have taken out a payday loan, borrowed from friends, pawned something for the difference before the eviction happened, can i win a suit against the property manager herself as had she told me the truth i would have not had to pay the court costs or have an eviction on my record. if so can i get anything for the eviction not sure if this would go as emotional distress.
 

sandyclaus

Senior Member
When i went to talk to her i had $500 of $630 i owed. Had i been told i could have taken out a payday loan, borrowed from friends, pawned something for the difference before the eviction happened, can i win a suit against the property manager herself as had she told me the truth i would have not had to pay the court costs or have an eviction on my record. if so can i get anything for the eviction not sure if this would go as emotional distress.
You should already have done these things BEFORE coming to your LL and asking them to forego getting their rent until you were ready to take the necessary steps pay it.

No, you can't get anything for the emotional distress YOU caused by not paying your rent when owed in the first place.
 

coldascrystal

Junior Member
You should already have done these things BEFORE coming to your LL and asking them to forego getting their rent until you were ready to take the necessary steps pay it.

No, you can't get anything for the emotional distress YOU caused by not paying your rent when owed in the first place.

ok update. i talked to her and taped the conversation. in it she says that they told her a while ago she couldn't extend the rent that far and a little later she says "if we had put it in writing i would have had to honor it" would imply that a verbal agreement was made that she knew she couldn't honor? if so do i have grounds for a civil suit?
 

Gail in Georgia

Senior Member
" ok update. i talked to her and taped the conversation. in it she says that they told her a while ago she couldn't extend the rent that far and a little later she says "if we had put it in writing i would have had to honor it" would imply that a verbal agreement was made that she knew she couldn't honor? if so do i have grounds for a civil suit? "

No, an in fact if she is unaware you have taped the conversation you need to make sure that is legal to do in your state.

Her statement "if we had put it in writing I would have had to honor it" very likely means "if we agreed to something it should have been in writing" which is what we've been telling you all along.

Gail
 

coldascrystal

Junior Member
" ok update. i talked to her and taped the conversation. in it she says that they told her a while ago she couldn't extend the rent that far and a little later she says "if we had put it in writing i would have had to honor it" would imply that a verbal agreement was made that she knew she couldn't honor? if so do i have grounds for a civil suit? "

No, an in fact if she is unaware you have taped the conversation you need to make sure that is legal to do in your state.

Her statement "if we had put it in writing I would have had to honor it" very likely means "if we agreed to something it should have been in writing" which is what we've been telling you all along.

Gail
in Louisiana it is legal i checked that with multiple sources before i did it, however i would appreciate it if some one else could double check for me. Law is just not something i know much about. i have decided to move out. But i have a few more questions and i will be out of your hair.

1. if i leave the fore the court time and turn in the keys will the eviction proceed?

2. would the filing of eviction have stayed on my record even after i had paid basically would my ability to rent have been cleared had i paid.

3. in front of the judge for the eviction, if its legal in my state to record someone without their knowledge, would i be able to use the tape at the hearing? If so how do you present it as evidence?

4. I read the 5 day or quit notice that was given to me on the 5th and it said that i had to pay by the 10th but the eviction wasn't filed till the 21st. we made arrangements for me to pay on the 22nd. So would the fact eviction wasn't filed for 11 days help my argument that we had an agreement and that some one on that end messed up and filed 2 days early and were trying to cover there own tails?

5. if the the tape is admissible, (this is assuming that the tape can sway opinion) and i proceeded with a small claims file who could i go after and what type of damages would apply punitive or any other if it in fact she did make that arrangement
 

Gail in Georgia

Senior Member
"1. if i leave the fore the court time and turn in the keys will the eviction proceed?"

Yes. Your best bet to avoid all of this is not to leave but to show up at the court hearing with what you owe plus any late fees plus court costs (in cash; courts won't accept checks) and present your side but also be prepared to pay all of this if need be.


"2. would the filing of eviction have stayed on my record even after i had paid basically would my ability to rent have been cleared had i paid. "

Yes. If it comes up in the future, and there are questions about this, you would need to explain the situation.

" 3. in front of the judge for the eviction, if its legal in my state to record someone without their knowledge, would i be able to use the tape at the hearing? If so how do you present it as evidence?"

This would depend on the judge. Some would agree to this, some would not.

"4. I read the 5 day or quit notice that was given to me on the 5th and it said that i had to pay by the 10th but the eviction wasn't filed till the 21st. we made arrangements for me to pay on the 22nd. So would the fact eviction wasn't filed for 11 days help my argument that we had an agreement and that some one on that end messed up and filed 2 days early and were trying to cover there own tails?"

Not really.

"5. if the the tape is admissible, (this is assuming that the tape can sway opinion) and i proceeded with a small claims file who could i go after and what type of damages would apply punitive or any other if it in fact she did make that arrangement "

Nobody and no damages on your part. I'm assuming you're trying to avoid getting evicted, not attempting to claim damages.

Gail
 

South954

Member
What is the name of your state (only U.S. law)? louisana
I set up a payment arrangement with my apartment complex to pay my rent late on the 23rd. apartment manager said it was fine and not to worry. i asked her twice if there was anything else i had to do and she said no then on the 21st they filed for eviction. I talked to her and she said the company said they cant extend it past the 15th but i was not informed of this. now they are saying i am also responsible for court costs even if i pay the bill today. I cant afford that. if i pay the rent will i be evicted if i don't pay the court costs. should i go back and tape her saying that we had the agreement? I am because this came up so late in the day i won't be able to pay the amount today as i had agreed but they already filed the eviction so will that hurt me?

People lie to you, next time get it in writing. Don't trust people who are not your trusted friends or family. People will lie and then go to court and say they didn't lie. I don't think you can secretly record someone, laws vary from state to state.
 

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