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Nm landlord pattern of negligent management retaliated

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Charlope

Member
There's no need to attach a photo. You haven't said anything that would lead anyone to believe that the LL knew about the possibility probability of the limb falling. (Just being "possible" isn't enough - anything is "possible".) If you think that he should have known just because it was a big limb, then you have to accept the same level of responsibility. Why would you park under a tree limb that was so obviously ready to fall?
Bottom line: Your rent and the damage to your car are separate matters. You can't withhold rent over this matter, and if you do, then you can be evicted.

EDIT: Of course, if any current eviction moratoriums apply to you, then you won't be evicted while they are in place. You will still owe the money.
Rent has already been paid and I parked in the tenant parking spaces allowed
 


Zigner

Senior Member, Non-Attorney


Rent has already been paid and I parked in the tenant parking spaces allowed
So tell me this: If there were hundreds of nails plainly visible in your spot and you got a flat tire as you pulled in, would you say "tenant parking is allowed there"?
 

FarmerJ

Senior Member
How do you know that your cashiers checks were actually cashed ? I suggest you use a regular checking account from now on to pay your rent that way if for some reason it is not cashed you are going to more easily know it.
 

Charlope

Member
So tell me this: If there were hundreds of nails plainly visible in your spot and you got a flat tire as you pulled in, would you say "tenant parking is allowed there"?
nails would be removable by me but yhe tree is permanent and supposedly maintained by management
 

Charlope

Member
How do you know that your cashiers checks were actually cashed ? I suggest you use a regular checking account from now on to pay your rent that way if for some reason it is not cashed you are going to more easily know it.
I know the payments were refused after I called the fire marshal to have the light repaired
 

Zigner

Senior Member, Non-Attorney
I know the payments were refused after I called the fire marshal to have the light repaired
So your rent WASN'T paid. Please keep in mind, as I said before, the rent and the damage to your car are entirely separate issues.
 

Charlope

Member
I know the payments were refused after I called the fire marshal to have the light repaired
How do you know that your cashiers checks were actually cashed ? I suggest you use a regular checking account from now on to pay your rent that way if for some reason it is not cashed you are going to more easily know it.
The payments were refused by the management after fire Marshal was called
So your rent WASN'T paid. Please keep in mind, as I said before, the rent and the damage to your car are entirely separate issues.
Yes you are right there are two entirely separate issues but I feel that we were retaliated against when we call the fire marshal to have the stairwell lights repaired that is when our rent payment was refused and we were taken to court for non-payment of rent. All refused responsibility for the tree and refuse payment indicating retaliation
 

Charlope

Member
The payments were refused by the management after fire Marshal was called

Yes you are right there are two entirely separate issues but I feel that we were retaliated against when we call the fire marshal to have the stairwell lights repaired that is when our rent payment was refused and we were taken to court for non-payment of rent. All refused responsibility for the tree and refuse payment indicating retaliation
Landlord accepted March April and May rent payments May 26th Fire Marshall was called June first payment was refused
 

Zigner

Senior Member, Non-Attorney
All refused responsibility for the tree and refuse payment indicating retaliation
No, it indicates that the LL doesn't feel he's responsible for the tree limb falling. Based on your description, I'm inclined to agree with the LL.
 

Charlope

Member
Landlord accepted March April and May rent payments May 26th Fire Marshall was called June first payment was refused
July payment was refused and August payment was refused. Letter sent to LOL with all three month's rent included then tree limb fell in Aug
 

Charlope

Member
No, it indicates that the LL doesn't feel he's responsible for the tree limb falling. Based on your description, I'm inclined to agree with the LL.
June, July and August payment were refused. Letter sent to LOL with all three month's rent included (this was the second time rent was submitted) then tree limb fell in Aug
 

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