Breaking a lease

[Susanjaned]

I have signed a lease agreement with my landlord for 1 year paying rent for $1,200.00 a month. After 3 months of living in that apartment, my landlord, raised my rent to $1,275.00. I did not complain because I was scared that I might get kicked out down the road. My lease contract ended last december and I got a rent increase notice to pay $1,800.00 on a month to month contract. But before that, my toilet ceiling fell off. There was water dripping and the ceiling just got rotten and fell. I reported it right away to the manager and they said that they were gonna fix it last October. Until now, it has not been fixed. Anyway, I got behind in paying my rent this month of february for 10 days and when I came up with the money, I went to the office to pay my rent including late charges but the manager would not accept my rent payment. She said that I should call the owner and that they have already filed an eviction on me.
I do not know what to do. I called the legal aid dept here in my area but the lady on the other line didn't even get my complain over the phone. She just said that she is handling a lot of calls at the moment and will just give me a call back.She never did. I received the summons for an eviction tonight and I was given 5 days to reply to the court and explain my side. I do not even know where and how to answer the summons. Plus, I am currently working 2 jobs and I have 3 kids living with me who are now all scared that anytime, someone might just kick them out of the place when I am not home. Please help. Could you refer me to a lawyer. My landlord had broken the lease contract by raising my rent within the 1 year lease contract. And also, I had the money but they don't want to accept payment. They just want me to get out of the complex. I called the fire dept and told them about my toilet ceiling today and they called my manager and ask them to fix it tomorrow morning.
I have lost my job 3 months ago and I was late a couple of times in paying my rent but they accepted my payment as long as I paid late charges. Now, they decided not to accept my payment and evict me from the complex isntead of giving me a warning letter. my summons says that my previous rent during my lease contract was $1,200.00 which is not true. It was $75.00 more. And They do not accept partial payment. So if I was $75.00 short, I will have to wait for my next paycheck and pay late charges when I have the full rent amount. Please advice. I tried getting a place but could not qualify.

 

[Susanjaned]

Also, I was given a 3-day notice to pay or quit. Is this document legal on a month to month? I never got a 30 day notice.. Please Help. I am so scared I can't get a place for my kids and i don't want to get evicted. How long does the process take before the court makes a decision?

 

[dj1]

WHAT THE LANDLORD DID IS ILLEGAL! HE cannot raise the rent duirng the lease..

So in your answer you claim the landlord ILLegaly raised the rent $75 for 9 months, and you want TRIPLE that money credited to anything you owe, becuse it was ILLEGALfor the landlord to DEFRAUD you of your money.

Did the landlord give you 30 days in writing before he increased the rent to $1800? if not...then Januarys rent woud still be only $1200 and you would be entitled by law to have that $600 credited to you.

YOU attach A COPY of your rent rent check or reciept for $1275, with your answer...

Then they will give you both a court date
.....AND DONT BE LATE ...NO EXCUSES... IF YOU ARE LATE and your case is called and you are NOT there , the landlord WINS by default.....

 

[dj1]

SO START selling all your stuff on http://www.ebay.com to raise CASH so start doing that today...you will need da moneyeeee

Also get a disposable camera and take pictures of the falling ceiling today! TO show the judge...

Also it is Illegal for the LL to lock you out, throw your stuff out, cut ioff your utilities, without a COURT ORDER....if they try anything stupid then call the POLICE on them.

[Edited by dj1 on 02-22-2001 at 09:53 AM]

 

[LL]

I used to know a guy named djdj (dj1's name reminded me of him) who used to give all kinds of wild advice and never bothering to check on circumstances that he didn't understand. I could tell that he hadn't gone to college.

Check this "lease" that dj1 says that the landlord illegally violated. He may have done it illegally, but make sure that there isn't anything in the lease that allows that. For example, does the lease give the right to the landlord to raise the rent in accordance with local rent control (SF, Oakland, Berkeley, etc.?) $75/$1200 = 6.25% which sounds about right for this years rental increases. Check the amount of rent stated on the 3-day notice, too.

 

[Susanjaned]

Thank you LL for your response. Yes, I was not able to pay my rent after they issued me the 3 day notice. I tried so hard to get a hold of my landlord and talk to him about just accepting my rent payment and that I will leave before the end of the month but he never returned my call. So After the summons was served, I went to the court to get a response form and I am filling it up right now and will file it in the court tomorrow morning.
Also, I took picture of my toilet ceiling and I was also told by a consultant at the Legal Aid office that I can sue my landlord regarding the raising of my rent payment within the duration of the lease and file it on the small claims court. How can I claim triple the amount. I do not know how much I can claim from them. I know that I can get back my $75.00. Someone told me that I could claim more because of what they did. How much is more? do you have any idea and how will I demand for it and justify the claim? Please advice. I sure will be needing the money.

 

[Susanjaned]

Thank you dj1. My letter for LL was actually meant for you.

 

[Susanjaned]

Thank you LL too for your advice. i really appreciate it.

 

[dj1]

Also if he did not give you 30 days notice to raise the rent then Januarys rent would still be $1200.....

so there is $600 more there you can add....

What state are you in?

Most states you can sue for triple money damages.