Property Manager threatening to file "Legal Action" 30 day notice given/lease expires
California:
Here is what the property manger emailed us:
"This letter is not accepted. You have refused to communicate, you have not paid the balance of October rent. This is to advise you
have thru November 3 to pay the October balance plus your November rent to avoid legal action to terminate your tenancy."
HERE IS MY RESPONSE (ROUGH DRAFT)
Let me clarify what you stated. Are you refusing to accept my 30-day notice? It is our Legal obligation to provide it to you, which we have in a timely manner, which you received in a timely manner. We have attempted to call you at xxxx you at 10 AM this morning, to no avail/ and no answer. Your "professional" business does not provide a voice mail for us to leave you a message, so I will address you via email. We are very shocked by your curt email, as we are doing everything in our power to ensure you will receive all monies due as C gets paid on Friday November 4th. My check again was $550.00 rather than $2100 for the SECOND time, and since all of our money has gone to pay rent, our PG&E service was interrupted, and are now without electricity. I am at the library sending you this email.
Since you and your staff are not available to answer the phone, I am now placing a phone call to the BBB, State Attorney General, Department of Real Estate and MF from 7 on your side for harassment by you and your employee SG. S threatened to come to our house late in the evening after work hours to force us to pay rent 2 weeks ago when we had already communicated to her that we did not have it at that time, and provided the dates we would have the money to pay the rent. I am requesting you cease and desist any further communication from you or SG . We will work with any other competent employee you may have (after reviewing all your negative reviews in Yelp and Google, I am not surprised by your unprofessional behavior. We will pay all monies owed PRIOR to our move-out, so do not misunderstand that we are attempting not to pay. May I remind you, our lease terminates on NOVEMBER 30th, 2011.
I am disabled. Again, this month, my disability agent FAILED to pay me the correct amount of money, as they incorrectly coded me in their system as "Returned to Work". I have escalated the issue for the SECOND time to ensure immediate payment owed to me in the amount of $3,000. I I was told it will take 7-10 business days. Sue you for false advertising as YOU have NOT been in business for FORTY YEARS. You are falsifying the years of experience, in which I have made several print outs for documentation purposes which may come in handy.
Despite SEVERAL maintenance issues we have had here at XXX ST ., we fixed all of the issue with our own money. The only time someone came out was due to the heater not working. It took him 3 visits, our precious time, and several hours for him to "attempt" to correct the problem. 2 weeks after he came to repair, the heater stopped working and we have since been without heat as we did not want to be labeled as a "problem tenant".
I come from a long family history of Real Estate Attorney, owners, Developers, Landlords, and as a former Real Estate Agent myself, and Leasing Agent working with a prominent Apartment complex in San Leandro to testify on behalf of the, I know the law, and have had to appear in court as well. I have reviewed several negative reviews from disgruntled tenants and prospective tenants who were treated with such low class, I am SHOCKED that you remain in business. I have also reviewed many lawsuits against your company that you lost which frankly, I should have checked prior to even working with your Company.
By the time this is all over, I assure you, I will share our experience with the public so they may take heed prior to pursuing leasing through you. I now truly believe that you are retaliating against us, and forcing us to move, because we filed a claim through the homeowner's insurance. Your vague, unclear, and invalid excuse to not continue leasing to us, in your words, were for "Economical Reasons", which you chose to not explain via email what that meant when I asked you to clarify your definition. You asked me to contact you over the phone, to tell me directly in order to avoid putting your excuse in writing.
We have been excellent tenants paying our rent either prior to the month rent was due or by the first week when we were paid by our jobs. We have NEVER received any 3-day notices until now.
In September, We fell behind after my daughter's unexpected and tragic accident which happened on Sunday, August 28th, 2011, and the fall occurred on your Client's property, which he neglected to repair and smooth out approximately 14 feet of cracked raised pavement, which caused my daughter to fly off her kick pedal, non-motorized scooter which caused my daughter to fly off her kick pedal, non-motorized scooter causing extensive damage to my 9 year old daughter's permanent upper front teeth and psychological damage to boot. Unfortunately, she had to take her school picture, which will now be a permanent reminder etched in our minds every time we look at her photo album. My 9 year old child was prescribed Percocet. That is how severe the pain she suffered was which caused my daughter to fly off her kick pedal, non-motorized scooter causing extensive damage to my 9 year old daughter's mouth and psychological damage to boot. I rushed my terrified daughter to X Hospital, and the ER doctor said the damage was so severe and to have the endodontist perform a root canal. We had to pay $1200 which was half of the cost, since we are currently not insured. She had to start 4th grade, 3 days later without her upper two front teeth and was extensively teased and humiliated. She will have to continue treatment through the age of 23 years old.
We have been renting since 1992, and have NEVER experienced such unprofessional, rude, threatening and callous behavior in our lives. I am fully prepared to deal with any action you take against us. This could not have come at a worst time for us. We are about to mourn the year anniversary of our Oldest son JJ, who died at the age of 18 last year on November 18, 2010. He had just turned 18 on November 11th, and had graduated from Castro Valley High. He was tragically killed as a passenger in a horrific automobile accident. So thank you for adding insult to injury.
******Please advise if she can legally do this and taint our record!! We have always paid on time, and we had an unexpected tragedy which has now put us 1 month behind". Also, is her reason for not renewing our lease "for ECONOMICAL Reasons" Valid?? We paid the late fees and my husband is paying in full! Pleas help!
California:
Here is what the property manger emailed us:
"This letter is not accepted. You have refused to communicate, you have not paid the balance of October rent. This is to advise you
have thru November 3 to pay the October balance plus your November rent to avoid legal action to terminate your tenancy."
HERE IS MY RESPONSE (ROUGH DRAFT)
Let me clarify what you stated. Are you refusing to accept my 30-day notice? It is our Legal obligation to provide it to you, which we have in a timely manner, which you received in a timely manner. We have attempted to call you at xxxx you at 10 AM this morning, to no avail/ and no answer. Your "professional" business does not provide a voice mail for us to leave you a message, so I will address you via email. We are very shocked by your curt email, as we are doing everything in our power to ensure you will receive all monies due as C gets paid on Friday November 4th. My check again was $550.00 rather than $2100 for the SECOND time, and since all of our money has gone to pay rent, our PG&E service was interrupted, and are now without electricity. I am at the library sending you this email.
Since you and your staff are not available to answer the phone, I am now placing a phone call to the BBB, State Attorney General, Department of Real Estate and MF from 7 on your side for harassment by you and your employee SG. S threatened to come to our house late in the evening after work hours to force us to pay rent 2 weeks ago when we had already communicated to her that we did not have it at that time, and provided the dates we would have the money to pay the rent. I am requesting you cease and desist any further communication from you or SG . We will work with any other competent employee you may have (after reviewing all your negative reviews in Yelp and Google, I am not surprised by your unprofessional behavior. We will pay all monies owed PRIOR to our move-out, so do not misunderstand that we are attempting not to pay. May I remind you, our lease terminates on NOVEMBER 30th, 2011.
I am disabled. Again, this month, my disability agent FAILED to pay me the correct amount of money, as they incorrectly coded me in their system as "Returned to Work". I have escalated the issue for the SECOND time to ensure immediate payment owed to me in the amount of $3,000. I I was told it will take 7-10 business days. Sue you for false advertising as YOU have NOT been in business for FORTY YEARS. You are falsifying the years of experience, in which I have made several print outs for documentation purposes which may come in handy.
Despite SEVERAL maintenance issues we have had here at XXX ST ., we fixed all of the issue with our own money. The only time someone came out was due to the heater not working. It took him 3 visits, our precious time, and several hours for him to "attempt" to correct the problem. 2 weeks after he came to repair, the heater stopped working and we have since been without heat as we did not want to be labeled as a "problem tenant".
I come from a long family history of Real Estate Attorney, owners, Developers, Landlords, and as a former Real Estate Agent myself, and Leasing Agent working with a prominent Apartment complex in San Leandro to testify on behalf of the, I know the law, and have had to appear in court as well. I have reviewed several negative reviews from disgruntled tenants and prospective tenants who were treated with such low class, I am SHOCKED that you remain in business. I have also reviewed many lawsuits against your company that you lost which frankly, I should have checked prior to even working with your Company.
By the time this is all over, I assure you, I will share our experience with the public so they may take heed prior to pursuing leasing through you. I now truly believe that you are retaliating against us, and forcing us to move, because we filed a claim through the homeowner's insurance. Your vague, unclear, and invalid excuse to not continue leasing to us, in your words, were for "Economical Reasons", which you chose to not explain via email what that meant when I asked you to clarify your definition. You asked me to contact you over the phone, to tell me directly in order to avoid putting your excuse in writing.
We have been excellent tenants paying our rent either prior to the month rent was due or by the first week when we were paid by our jobs. We have NEVER received any 3-day notices until now.
In September, We fell behind after my daughter's unexpected and tragic accident which happened on Sunday, August 28th, 2011, and the fall occurred on your Client's property, which he neglected to repair and smooth out approximately 14 feet of cracked raised pavement, which caused my daughter to fly off her kick pedal, non-motorized scooter which caused my daughter to fly off her kick pedal, non-motorized scooter causing extensive damage to my 9 year old daughter's permanent upper front teeth and psychological damage to boot. Unfortunately, she had to take her school picture, which will now be a permanent reminder etched in our minds every time we look at her photo album. My 9 year old child was prescribed Percocet. That is how severe the pain she suffered was which caused my daughter to fly off her kick pedal, non-motorized scooter causing extensive damage to my 9 year old daughter's mouth and psychological damage to boot. I rushed my terrified daughter to X Hospital, and the ER doctor said the damage was so severe and to have the endodontist perform a root canal. We had to pay $1200 which was half of the cost, since we are currently not insured. She had to start 4th grade, 3 days later without her upper two front teeth and was extensively teased and humiliated. She will have to continue treatment through the age of 23 years old.
We have been renting since 1992, and have NEVER experienced such unprofessional, rude, threatening and callous behavior in our lives. I am fully prepared to deal with any action you take against us. This could not have come at a worst time for us. We are about to mourn the year anniversary of our Oldest son JJ, who died at the age of 18 last year on November 18, 2010. He had just turned 18 on November 11th, and had graduated from Castro Valley High. He was tragically killed as a passenger in a horrific automobile accident. So thank you for adding insult to injury.
******Please advise if she can legally do this and taint our record!! We have always paid on time, and we had an unexpected tragedy which has now put us 1 month behind". Also, is her reason for not renewing our lease "for ECONOMICAL Reasons" Valid?? We paid the late fees and my husband is paying in full! Pleas help!
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