Interesting new development to the saga

[MeMyselfandIinMissouri]

Turns out my landlord hasn't paid her taxes since 2015. And she has until June 30th to pay $3500 or they will post it for sale in August.

basically she's known she's about to lose the house, was trying to sell it and instead of just giving me 30 or 60 days to move out, she decided to prevent me from paying rent, then filed an eviction without having served me a pay or quit notice first.

Coincidentally, what do you think the judgment amount was for?

If SHE terminated the lease with a 30 or 60 day notice to vacate, I move out and she gets nothing. But if she refuses to accept rent payments, then she gets to file an eviction and make money off me to get herself out of trouble.

Oh, and the judge granted me a hearing for my motion to set aside. That hearing is Friday.

 

[Shadowbunny]

Please don't start a new thread about the same issue.

ETA: I see your old thread was locked after you started pitching fits. Although @Zigner gets the prize for predicting you'd be back with tales of a win: https://forum.freeadvice.com/threads/motion-filed.654841/

 

[TigerD]

Getting a hearing is easy. Winning an argument on the motion will be difficult against an attorney. Also, that was an awfully quick setting on your motion. Your story strains my ability to suspend disbelief.

I expect you will post back on Friday and claim to have won. The OG effect. I'd love to read your motion. Perhaps you would PM me the case number?

TD

 

[MeMyselfandIinMissouri]

I thought it was quick too, especially since I had not even yet filed the request for a hearing, which I had planned on filing tomorrow morning. I had talked to the judge's secretary last week to follow up on my motion, as instructed at the clerk's window. She told me the next court date she had open was 7/1.

This still puts a strain on me as far as work, since it's such short notice and we already have a team member out this week. July 1st would have been better, but beggars can't be choosers I guess.

 

[MeMyselfandIinMissouri]

Please don't start a new thread about the same issue.

ETA: I see your old thread was locked after you started pitching fits. Although @Zigner gets the prize for predicting you'd be back with tales of a win: https://forum.freeadvice.com/threads/motion-filed.654841/

My previous threads are locked and can't be replied to.

 

[MeMyselfandIinMissouri]

Getting a hearing is easy. Winning an argument on the motion will be difficult against an attorney. Also, that was an awfully quick setting on your motion. Your story strains my ability to suspend disbelief.

I expect you will post back on Friday and claim to have won. The OG effect. I'd love to read your motion. Perhaps you would PM me the case number?

TD

And I'm sure my motion sounds like it came from someone who isn't an attorney. But I kept it focused on my two complaints (she refused to make repairs and the refusal to communicate), did not mention any other of the irrelevant petty crap I've dealt with from her, I submitted screenshots of me mentioning the repairs needed (in May 2018, September 2018, November 2018, February 2019).

I also listed each communication attempt, date/time, along with screenshots verifying these attempts. I also included contact information for the other condo owner that had informed me he intended to purchase as she was in deep financial trouble with the HOA for unpaid HOA fees. I included a screenshot of her Facebook post in February, a week after accepting that rent payment in which she was requesting help from an attorney and real estate agent in order to sell her home.

Whether or not I actually win my motion is another story, but I at least tried.

 

[MeMyselfandIinMissouri]

Please don't start a new thread about the same issue.

ETA: I see your old thread was locked after you started pitching fits. Although @Zigner gets the prize for predicting you'd be back with tales of a win: https://forum.freeadvice.com/threads/motion-filed.654841/

Where have I said anything about winning? I haven't even had the hearing yet?

 

[Eekamouse]

Turns out my landlord hasn't paid her taxes since 2015. And she has until June 30th to pay $3500 or they will post it for sale in August.

basically she's known she's about to lose the house, was trying to sell it and instead of just giving me 30 or 60 days to move out, she decided to prevent me from paying rent, then filed an eviction without having served me a pay or quit notice first.

Coincidentally, what do you think the judgment amount was for?

If SHE terminated the lease with a 30 or 60 day notice to vacate, I move out and she gets nothing. But if she refuses to accept rent payments, then she gets to file an eviction and make money off me to get herself out of trouble.

Oh, and the judge granted me a hearing for my motion to set aside. That hearing is Friday.

Didn't you begin your original posting with you losing your job and not paying your rent for three months? How did it all of a sudden change to your landlord refusing to accept your rent for three months?

 

[MeMyselfandIinMissouri]

Didn't you begin your original posting with you losing your job and not paying your rent for three months? How did it all of a sudden change to your landlord refusing to accept your rent for three months?

Nope, I sure didn't.

This is a quote from my original post...

>>>I am the tenant and my landlord cut off all communication with me after accepting February's rent, refused to take my March, April and May rent, and apparently she plans to sell, based on her Facebook activity.<<<<

I did mention a layoff, but only because I was explaining that I'd only just started a new job less than a month prior to my court date, and I was scared to risk a day off in my first 30 days. My lack of employment had nothing to do with my ability to pay and I never stated otherwise. I had a good severance package plus a tax refund. I had no financial obstacles and never stated I did.

Do you all not see that you completely twist things to fit your own narrative? It wouldn't have mattered how many details I gave, you'd see what you wanted.

 

[STEPHAN]

You mention this over and over. There is nothing wrong with a LL selling his condo, even if it is rented.

 

[MeMyselfandIinMissouri]

You mention this over and over. There is nothing wrong with a LL selling his condo, even if it is rented.

And I am aware of that. She had every right to sell. But it's the fact that she did not notify me per landlord/tenant laws that state she does have to notify me of her intent to sell. I do not believe SHE is aware that the property can be sold while occupied by a tenant. And not only does she not notify me, she goes out of her way to hide the fact that she is selling. I've only asked her to at least inform me of her intentions rather than finding out about it via Facebook. I was also never given a notice to Pay or Quit prior to the eviction, which is the first step of the eviction process in MO.

Again, it appears she is about to lose the condo due to delinquent taxes. She is also in big trouble with HOA fees. She could sell, with me in it. She could sell and give me notice to move. But in neither of those scenarios does she stand to make any money off me. Instead, she decided to refuse to accept my rent, then file an eviction based on non payment of rent.

 

[FlyingRon]

There is no requirement for her to notify you of "intent" to sell. In fact, there's no obligation that she tell you if she sells the property. It's the new owner who needs to tell that he is now the one you should be remitting the rent to. You have zero rights in such a sale other than that the existing lease is binding on the new owner.

Further, whether she is delinquent on the taxes, HOA fees, or mortgage is IRRELEVANT to you. Your respective obligations under the lease are not affected by this.

 

[not2cleverRed]

Nope, I sure didn't.

This is a quote from my original post...

>>>I am the tenant and my landlord cut off all communication with me after accepting February's rent, refused to take my March, April and May rent, and apparently she plans to sell, based on her Facebook activity.<<<<

I did mention a layoff, but only because I was explaining that I'd only just started a new job less than a month prior to my court date, and I was scared to risk a day off in my first 30 days. My lack of employment had nothing to do with my ability to pay and I never stated otherwise. I had a good severance package plus a tax refund. I had no financial obstacles and never stated I did.

Do you all not see that you completely twist things to fit your own narrative? It wouldn't have mattered how many details I gave, you'd see what you wanted.

Yes, you have been clear on this.

Quick question: how did you attempt to pay her? Do you have proof that you attempted to pay your rent, and that she refused to accept it? For example, have you attempted to have it delivered by certified mail? Have you opened an escrow account and deposited in it the refused rental payments?

 

[MeMyselfandIinMissouri]

Yes, you have been clear on this.

Quick question: how did you attempt to pay her? Do you have proof that you attempted to pay your rent, and that she refused to accept it? For example, have you attempted to have it delivered by certified mail? Have you opened an escrow account and deposited in it the refused rental payments?

this is stuff I unfortunately did not know to do prior to this mess starting. Because of the blocking of me on Facebook right after the February rent, I did attempt to reach out to her first, BEFORE I attempted to pay the rent. I'd also been told at that point by a potential buyer that he was most likely going to be purchasing the property. When she didn't respond initially in March, I assumed at that point the sale was proceeding, and that's why she cut off contact. In April, I again tried to contact prior to sending the payment via the Walmart to Walmart transfer. The transfer requires me to contact her with a ref#, so without a method of contact to give her the ref #, I did not make the attempt to send.

I definitely could have been a little more proactive in researching the steps I should have been taking at this time to cover my ass. But I was looking at it as, I did't really want to risk doing a money transfer and not being able to recover those funds if needed (or having the transfer voided where she could not collect as well).

I mean, who does that fall on if I've sent the money and she's UNABLE to collect? Me or her? What if she said she could not collect the transfer, and I could not get a refund? Would I still owe her for that month? or sending a money order when I didn't even know if she was still at her address listed on the lease.

In my communications with her, I did ask what method she preferred I send the rent, what address she wanted me to mail to, or if she planned on opening a line of communication that would allow me to send a reference number from a money transfer.

Unfortunately, I incorrectly assumed the condo was being purchased by another condo owner, and that I would just begin to pay him once he was the property owner.

 

[Zigner]

In other words, you didn't attempt to pay.