What is the name of your state? Georgia
Hey. So my landlord filed to evict me from my apartment despite the fact that I signed the cdc eviction moratorium and sent it to them in an email back in August. For several months, Then, on the 19th, I find a note taped to my door demanding immediate payment for all owed rent, or they would file for eviction the next day. To remind them of the cdc form that I had signed, I printed a copy of the email and the signed form and placed both in an envelope which was taped to the front door of the admin building, as it was after hours when the note was discovered. They filed the eviction yesterday anyway, so I wanted to go over what I think are several pieces of information that I think will help in my defense:
1) Like I said before, I signed the cdc eviction moratorium form back in October, which I know they received, as there was no contact from the company which owns the apartment complex until last week.
2) The company that owns the apartment complex has been shockingly dishonest, bordering on outright malicious, in their actions towards me. I believe these behaviors/claims range from harassment at best to illegal at worst.
a) Back in October, when I received (and still have) a text message sent by the apartment complex trying to make the claim that my lease had expired and needed to make a payment to remain in my apartment....despite the fact I had renewed my lease two months previously. I interpreted this is a scare tactic meant to get me to panic and pay my rent immediately, which is backed up by an email I received later that same month from the apartment complex demanding their money. I replied all to this email (totaling 5 total recipients) with the cdc eviction moratorium form that needed to be signed).
b) The notice of the intention to evict contains several......just straight up lies. It starts by making the claim that they have attempted several times to help me get current on my rent and that I ignored THEIR efforts, which is quite frankly, an insult, as the only times they reached out to me was in attempts to collect their money. "Give us our money" is not really "help" or "working with me." This is also provably false because I had actually done research into rental assistance programs, and had informed the front office of the program, as it required that the landlord apply for the relief, but they refused to apply for the relief, probably because of the provisions it requires landlords to accept, like dropping late fees.
c) This is where I think their actions step into illegality, as the amounts of money that they demand that I pay in the eviction notice, and the amount of money that they are alleging that I owe in the eviction complaint that was filed with the court are significantly different. There is a difference of about $2500. Not sure why they would do this, but they are privately telling me that I owe $2500 more than what they are telling the court and judge that I owe. That seems like it should be illegal. Also, I read somewhere that, In the event there are legal issues between the tenant and the landlord, the landlord cannot charge tenants for legal fees, which they are trying to do and can be seen in their breakdown of the fees I owe.
d) This one also seems like it should be illegal. The eviction complaint filed by the apartment complex filed has intentionally misrepresented the address of the apartment complex that I live in. In the eviction complaint, the apartment complex has given the address for the admin building as the street address, and combined the actual number portion of the street address of the unit that I live in with the unit number together. If this is at all confusing, consider this fictitious street address that someone lives at: "4534 John Wick ln. Apt. C" Essentially, what the apartment complex has done is changed this person's address to "1500 John Wick ln. Apt. 4534C". Why is this important? As I was searching the web for possible defenses, I found that the apartment unit that I live in is backed by a Fannie Mae federal mortgage. From what I read, this is one of the qualifications for a renter to qualify for the eviction moratorium, and, interestingly, the address that the apartment complex indicates as being the address I live at (and is not a valid address) is not backed by a Fannie Mae federal mortgage. The final nail in the coffin: back in 2019 I fell behind on rent, and the apartment complex filed to evict me then too, and in that case, they provided the correct address. To me, this seems to be a deliberate attempt to mislead the courts to believe that I don't qualify for protections that I actually do qualify for.
Looking forward to hearing your thought.
Hey. So my landlord filed to evict me from my apartment despite the fact that I signed the cdc eviction moratorium and sent it to them in an email back in August. For several months, Then, on the 19th, I find a note taped to my door demanding immediate payment for all owed rent, or they would file for eviction the next day. To remind them of the cdc form that I had signed, I printed a copy of the email and the signed form and placed both in an envelope which was taped to the front door of the admin building, as it was after hours when the note was discovered. They filed the eviction yesterday anyway, so I wanted to go over what I think are several pieces of information that I think will help in my defense:
1) Like I said before, I signed the cdc eviction moratorium form back in October, which I know they received, as there was no contact from the company which owns the apartment complex until last week.
2) The company that owns the apartment complex has been shockingly dishonest, bordering on outright malicious, in their actions towards me. I believe these behaviors/claims range from harassment at best to illegal at worst.
a) Back in October, when I received (and still have) a text message sent by the apartment complex trying to make the claim that my lease had expired and needed to make a payment to remain in my apartment....despite the fact I had renewed my lease two months previously. I interpreted this is a scare tactic meant to get me to panic and pay my rent immediately, which is backed up by an email I received later that same month from the apartment complex demanding their money. I replied all to this email (totaling 5 total recipients) with the cdc eviction moratorium form that needed to be signed).
b) The notice of the intention to evict contains several......just straight up lies. It starts by making the claim that they have attempted several times to help me get current on my rent and that I ignored THEIR efforts, which is quite frankly, an insult, as the only times they reached out to me was in attempts to collect their money. "Give us our money" is not really "help" or "working with me." This is also provably false because I had actually done research into rental assistance programs, and had informed the front office of the program, as it required that the landlord apply for the relief, but they refused to apply for the relief, probably because of the provisions it requires landlords to accept, like dropping late fees.
c) This is where I think their actions step into illegality, as the amounts of money that they demand that I pay in the eviction notice, and the amount of money that they are alleging that I owe in the eviction complaint that was filed with the court are significantly different. There is a difference of about $2500. Not sure why they would do this, but they are privately telling me that I owe $2500 more than what they are telling the court and judge that I owe. That seems like it should be illegal. Also, I read somewhere that, In the event there are legal issues between the tenant and the landlord, the landlord cannot charge tenants for legal fees, which they are trying to do and can be seen in their breakdown of the fees I owe.
d) This one also seems like it should be illegal. The eviction complaint filed by the apartment complex filed has intentionally misrepresented the address of the apartment complex that I live in. In the eviction complaint, the apartment complex has given the address for the admin building as the street address, and combined the actual number portion of the street address of the unit that I live in with the unit number together. If this is at all confusing, consider this fictitious street address that someone lives at: "4534 John Wick ln. Apt. C" Essentially, what the apartment complex has done is changed this person's address to "1500 John Wick ln. Apt. 4534C". Why is this important? As I was searching the web for possible defenses, I found that the apartment unit that I live in is backed by a Fannie Mae federal mortgage. From what I read, this is one of the qualifications for a renter to qualify for the eviction moratorium, and, interestingly, the address that the apartment complex indicates as being the address I live at (and is not a valid address) is not backed by a Fannie Mae federal mortgage. The final nail in the coffin: back in 2019 I fell behind on rent, and the apartment complex filed to evict me then too, and in that case, they provided the correct address. To me, this seems to be a deliberate attempt to mislead the courts to believe that I don't qualify for protections that I actually do qualify for.
Looking forward to hearing your thought.
