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Can a landlord do this?

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gem

Guest
I have had a few finacial problems(just recenty, this month)
I had my husband move out and I had no money to pay the rent so, any way I contacted a few people and agancies that are willing to help.The problem is my landlord will not corcoperate, the first time she was contacted she told them that I was already evicted and I no longer lived in the home. Well she out and out lied. Yes I have contacted legal aid and they are helping me with writing a letter that states she has to follow OH law and proper proceedure, in order to evict me.But now I have some one eles that is willing to help me and she to needs to contact the landlord to get the specific amount and just to check that I do live there, and now the person that answers the phone says that there is no one by that name here. I live two houses away she has not moved, but she is really making it hard on me to try to get her paid. Do you think any of this will hold up in court that I tried to get the rent paid and she is not working with me? Isn't there something I can prove that I am trying to pay this and she will not coroperate? When I am in front of a judge will he take this into concideration? (there is a 25.00 a day late fee)I want to pay my rent and get caught up but I can not do this without outside help, I have went to her and tried to talk and got no where. All I can do now is wait and see what she does next. Yes I plan on moving out of this is a bad situation.
 


L

LL

Guest
I don't quite follow what your problem is.

You say, "But now I have some one eles that is willing to help me and she to needs to contact the landlord to get the specific amount and just to check that I do live there"

I don't understand what this person needs in order to help you, but the landlady is not obligated to provide that information. In fact, in my case, I would not give that information out.

What I see missing in your posting is any consideration of the landlady's side. You are of course concerned about your own predicament and the fear of eviction, but you seem to have no understanding that you cannot live in the landlady's apartment without paying rent.

I see your other posting where you want to help a tenant who actually wants to avoid paying her rent altogether, and coldly wants to calculate how long it will take the landlord to evict her, and how much free rent can she get?

I think that you should move out without waiting to be evicted. A judge knows that you cannot stay without paying rent. Your late fees are mounting up. If you have already violated OH law and your tenancy has been terminated, then the landlady does not have to start a new tenancy with you. You say that "Yes I plan on moving out of this is a bad situation", but why aren't you doing it, if not just to get free rent? Think of your own self-respect.

[Edited by LL on 04-12-2001 at 10:37 AM]
 
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gem

Guest
EXCUSE ME, CALIFORNIA LANDLORD,

I in no way stated that I did not want to pay my rent it was just of oppisit, as a matter of fact. I was just trying to find out the time frame for eviction, I have three children to concider here I had no way of knowing that that this situation was going to happen,it is not like I sat back and planned this, this litterly happened over night. I was asking if she can falsify information, not just not give it, maybe you should read my post again and concider the tenant. Is that not what this message board is for? Asking questions about proper proceedure, My landlord is not working with me I am trying to get her paid, any way I know how, It seems to me after reading many of a post from you, that you only look at it through landlords eyes. If most landlords are like you why should tenants take people like you into concideration?
 
L

LL

Guest
Sorry, lady, but if you looked at it from the landlord's point of view as well as your own, you might realize how wrong you are.

Lets face it, you are the one that broke the lease and the trust. You didn't pay rent, and it seems that the landlady declared your rental agreement to be forfeit. Thats the only course for a landlady to take under the circumstances that you presented her with.

I don't suppose that legal aid cared enough to tell you that, once the rental agreement is declared forfeit, it stays that way. That mean that you are living there illegally. You have probably been told to leave, and you are required to leave. But you're still there, not caring that you have no right to be there. Your tenancy is over. The landlady who tried to work with you a little bit, no longer has to and she doesn't want to, and for good reason. You are supposed to be gone. But you want legal aid to try to help you to escape from your responsibility.

Well, evidently, the best that they could do was to send a letter telling your landlady what, that she has to follow OH procedure to get you out. Of course she does, even though you are illegally detaining her property and she is losing rent. Once you are evicted
(See:
https://forum.freeadvice.com/showthread.php?threadid=52422
and
https://forum.freeadvice.com/showthread.php?threadid=50784 )
we'll see how caring you are about paying the back rent and damages (and court costs and legal fees).

If you even tried to see both sides of the matter, it would be obvious that you are an undesirable tenant, a headache to the landlord, and she doesn't want to be bothered with you and your problems any more. She doesn't have any tenant with your name. The person with your name is no longer a tenant, just an illegal squatter.
 
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ROBINRAZ

Guest
This is a sad situation!!!

LL, I don't think that you are realising that gem is attempting to pay the rent. She has taken measures to do what she can to have the rent paid. It sounds to me as though she has attempted to get assistance to help her pay the rent, and then this woman turned around and lied about her! Making sure that she CAN'T get any help. You never even asked her any further questions, like how far is the rent over due? Those things should be taken into consideration too, neither you nor gem have gotten to that point. Instead, it appears that you have attacked her as well as insulted her. You don't know that she is not willing to pay the late fees, the legal fees now do you? You are ASSUming that she is not willing. How is it even MORALLY right that the landlord lies to an organization that is willing to pay the rent for her? Gem is attempting to receive help, but the landlord is lieing, thus making it impossible for her to pay the rent. You are full of many assumptions by saying that "you don't care" and "we'll see what happens". You are completely wrong in saying that the landlord tried to work with you a little, Gem's letter states nothing to that effect. If anything, just the opposite. Isn't it obvious that if she didn't care, she wouldn't be here?

You reference another posting she made...I read that one too. ONCE AGAIN...you failed to help the poster, you just go straight to the issue that the person is trying to live there rent free, same with the other landlord that posted in agreeance with you. Gem was trying to tell the person posting how to properly and leagally get these things fixed, she never stated that she should not pay rent, she told the post that they still had to pay rent. That the poster needed to check into the legal side of it, and not to dodge paying rent. TENANTS DO HAVE RIGHTS TOO!!!!!!

People, such as gem, who come to these boards for assistance are sometimes opening up personal asspects of their lives, just simply looking for someone to tell them the possibilites of what can happen, things to look out for, any little bit of help that they can get. Many who come here are looking to correspond with someone who has been in a similar situation and may know a bit more about it than they do. Some just want a sympathetic ear. NO ONE comes here to be told that they are a deadbeat, no one comes here to insulted and insinuated upon. No one who comes here doesn't care about their situation, if they didn't they would be sitting back and riding it out to the full extent-Not asking questions on how to rectify the situation. Although being a landlord sometimes can force a person to be ruthless to protect their best interests, isn't the real bottom line for the landlord to provide a decent place to live and receive rent for it? Well, she had an organization willing to pay it for her, why couldn't the landlord just accept the rent, who cares where it comes from? Why should it matter to the landlord? Why wouldn't any normal person except the payment so that the rent was paid? Why would anyone rather cause harm and outright lie about a person who is obviously down on their luck and make things even worse for them? As long as the rent is paid, everyone should be happy. There's so many things that can happen to a tenant to anyone for that matter, that can force a person to not be able to pay their rent/mortgage. Although you, as a landlord have to be ruthless to your own tennants at times, is it really necessary to be the same to gem? She's making an attempt to rectify the situation, not dodge it. Why is it necessary that you place judgement and assumations on her? Why can't you offer your expertise and your own knowledge of what a landlord can do without the insults and judgements? Ever hear of the phrase if you can't say something nice, don't say it at all? You are full of condesending remarks and have never even attempted to offer any advice, so why bother to get on the boards just to spout judgements? THAT IS NOT WHAT THIS BOARD IS HERE FOR! If you can't help someone or give assistance, which is what the boards ARE here for, then why not just move on? Keep your personal views and judgements out of it, as well as your comments.

R

[Edited by ROBINRAZ on 04-13-2001 at 03:27 PM]
 

HomeGuru

Senior Member
Robin, you are full of it. LL has been a fine and worthy contributor to this board. The posts that I have read that were responded to by LL for the most part contain factual and correct information.
Robin, you are the one that has a problem. Even as far back as last year when I repsonded to your post, you had an attitude. And still do.

We need more contributors like LL on these boards and less of people like you.
 
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ROBINRAZ

Guest
HOMEGURU--

How can you even say that LL contributed to any kind of help or assistance to Gem? What did he possibly tell her that told her anything about HER rights as a tennant, which is what she was asking for? HE PUT HER DOWN!!! The same way you put me down months ago. THIS IS THE KIND OF THING THAT IS NOT NECESSARY ON THESE BOARDS! No one wants to hear YOURS, nor LL's personal judgements. JUST THE FACTS.
 

HomeGuru

Senior Member
Robin, this is a courtesy warning to you. If you want to continue posting on this website please change your attitude. If not, I will see to it that you are banned from this website.
 
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ROBINRAZ

Guest
I'm sorry Homeguru, my attitude won't change-I will always think it's unfair for anyone to come to these boards and be judged, called stupid, and humiliated. If it were to be decided that I was asked to leave the boards because of that--so be it. However, befor I am asked to leave, and I find it hard to believe I would, let it be known how you answered my post (since you refer to it).

https://forum.freeadvice.com/showthread.php?threadid=52400

Is it really too much to ask that when a person posts a thread on this site to receive what is asked at the top of the reply screen?

When Replying to a message, please be considerate, respectful and polite.
Remember, there is a human being on the other side of that computer screen

This is what is asked by the site--I feel I honestly have followed that, even when the reply didn't deserve my respect, can you truthfully say the same? Can you say you are following the suggestions/rules of this site?

Why can't we all just get along?
 
R

rhinchee

Guest
I can't help but jump in here with a comment. I have had experience both as a tenent and as a landlord, more years of the former. LL makes a good point, it is hard for most tenents to understand the landlord's point of view. When I was a tenent I saw landlords as greedy rich folks. Now that I am a landlord I know that this is a lot of work and not a high profit margin business. It is also risky, one bad renter can cost you months or years of profit. Just assume the business is 10% profitable, most are less, then the ratio of lost rent to lost profit is 10:1. That is if the tenent doesn't pay one month's rent the landlord loses 10 months of profit.

Now I very well understand LL's point of view, the reasons are not important they can't be, if a renter looks like a risk I don't want them. It doesn't matter why you don't pay the rent, if you don't you are a bad tenent. If I took and kept bad renters I would be out of business very quickly. This is not good for tenents either, the costs of problem tentents are passed on to good tenents.

Rob
 
G

gem

Guest
Rob,

I do really understand the landlord’s side on most things. The problem that I have had and asked for help with is I only owe for Aprils rent and now late fees that I want very much to pay, I am not in any way and have not in any way tried to not pay. It has been the opposite I have tried to get help, from Human Services and other organizations, churches. I was and am able to get help but only if my landlord is willing to give them some info on how much I owe and if I live at the address. When the landlord has been contacted it has been one lie after another, she told them I have already been evicted and no longer live in this home. If I am not able to pay rent temporarily, I have started a job that will allow me to be able to pay my bills. Why then does it matter where the money comes from to pay her now? Please realize that I was asking if she can legally tell people false statements and when I am eligible for assistance but without her being willing to just tell the truth I am stuck. Will it hold up in court that I could of paid her but not without her cooperation? Please note that I have at least two weeks out before I receive a paycheck from this job. I have to rely on help, from others at this point. Also note that I have told her that I am willing to pay all late fees and the fee she paid to have the eviction started, but understand that I could of paid the rent last week if she would of only told the truth. I just think that a judge would take these things into consideration. In my first post I also asked what is a reasonable amount of time that the courts, judge gives once an eviction is served? I do not want to live here rent free, squatting is what I have been told I am doing. I just wanted to know the normal time frame it takes. If I’m able to get the rent paid will I still be evicted? I stated in my last post that I wanted to move from this bad situation, reason being I am able to get help but only through a landlord that is willing to tell the truth. I do not think this is an unreasonable thing to ask of someone. This not only benefits me but her too. In reference to the post my land lady did not at any time try to work with me even in the least little bit, and I am not trying to escape responsibility, I am the one who’s name is not even on the lease, yet I am willing to do everything in my power to solve the problems. I could just not care what happens to her or for that matter my ex-husband who’s name is the only one on the lease.

Please Rob if there is something you have a question on feel free to ask, I know this is a terrible situation I have gotten into, but I am trying to keep to the facts and I am trying to find out what I need to know legally and if I have any rights. If there is anything I need to be aware of. Thank you for you time and concideration in these matters. Legal advice is what I am seeking.

Gem

PS I have had enough judgments,presumptions,preactusations and putdowns.
 

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