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landlord harassment

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cryptkepre

Guest
I am in Pennsylvania. I moved into this apartment complex on feb 17. On feb 19th I had the property mgr here threatening to evict because I had all these people staying over.My 2 grandsons stayed with me for one night and no one else except myself and my daughter,who is on the lease.On feb 25th my daughter gave me temp. custody of my grandsons because she was being evicted. I checked my lease and it stated" you must advise us immediatly in writing of any change in the occupants" This I did and I was told again that they were going to evict me. I had consulted a lawyer and he talked to them and she consulted the corp. lawyers and they said that the boys could be added onto my lease. On may 7th I recieved a letter that said "hand delivered" but was put through my mail slot telling me I have to vacate the premises on or before july 31st. and that all rent for june and july had to be paid by the 5th of each month. All these times she keeps saying that there are complaints about my grandsons. When I ask who complained or what exactly the complaint was she doesn't give me a straight answer. My daughter applied here at the same time I did and they told her that she was denied. The only reason I went through with it is that they had 100.00 of my money that I couldn't afford to lose. None of my neighbors that I have spoken with have any complaints and 3/4ths of them aren't home in the daytime. Is there anything I can do? I feel this is harassment and discrimination against me because of having my grandsons here. I am on workers comp and don't have any money to move again, Thank you
 


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cryptkepre

Guest
I have since talked to about 1/3 of my neighbors and they can't understand why the landlord is evicting me and they have no problem with my grandsons.
 
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dj1

Guest
well it depends on your lease, If there is no mention of number of occupants, then the landlord cannot evict you

BUT it will NOT be renewed..thats for sure.

Also yu can say you never recieved anything, since only a certified letter or a process server is usually the Legal means to notify a tenant.

Dropping something in the mail slot is NOT notifing you.

Also a landlord CANNOT tell you to move when you have a lease, UNLESS all the details as to why you violated the lease is stated. AND you must be given an opportunity to cure the violation.

NONE of that the landlord did...so a judge should dismsiss this, if she decides to ACTUALLY SPEND THE MONEY and try and evict you.

Thats the key will she spend the money, or is she trying to get you to move by harassing you and spending zero!
 
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cryptkepre

Guest
Since the management will not give me any information except for the fact I must be out on july 31st or before. Can I sue them for Breach of contract,discrimination, and harassment? There have been other kids that I have caught running through the flowers and climbing the trees and I have video taped them since it is "always" my grandsons doing all this. They are also saying that even if I move earlier my rent for june and july has to be paid. Can they do this?
 
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dj1

Guest
NO, you have a lease and it must be specific as to the breach of the lease, and it must be on company stationary as well. When does your lease end, and did you pay 2 months secuirty or last months rent?

And they must give you an opportunity to cure the violation.

Also the lease must state under which conditions are a violation...so read your lease.

Also she cannot make claims about your grandsons, without proof...no judge is going to allow her to get away with that, And even if she did have written complaints you would have a legal right to ask for a continuance in court to supeona those people before a trial, if they didnt show up with her on the court date.

Its AMAZING how little you know about a country called :

THE UNITED STATES OF AMERICA

You have a right to face your accusers in a court of law and no one can take that right away from you!

UNLESS...you dont show up for your court date!

[Edited by dj1 on 05-21-2001 at 07:18 AM]
 
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cryptkepre

Guest
My lease originally had just my daughter and myself. I was given tempory custody of my two grandsons after I moved here.As per my lease I sent a letter to them stating that they would be living here temporarily. The were added to my lease. The letter ststed "once again we have recieved a complaint about the actions of the children who are residing with you" She goes on to say "I feel that this office has been more than patient and understanding concerning the actionsof members of your household,but can no longer tolerate the disruptions toward the other residents" I have no idea what they did and have never had anyone complain to me, so I can't correct what I don't know. she goes on to say "We are hereby terminating your lease agreement and are herebynotifying you of your 60 day notice to vacate." My lease ends on 2-28-2002 and when I moved in here I paid one months security deposit. I have read my lease all 15 pages of it. They do not have any written complaints only "phone calls" and they refuse to speak with me about this except to tell me I must move.
 
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cryptkepre

Guest
I am on workers comp and do not have alot of money to move to another place. Can I withhold my rent and make her take me to court so I can file a countersuit or a rebuttle(?)and make them prove what they are talking about? At this point I don't know wether to pack or not.Sorry this is so long thank you
 
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dj1

Guest
NO do not withold rent, JUST PAY IT as let them refuse to take take it, then they will have to take you to court,

YOU have no right to withold the rent, and it would look real bad for you in front of a judge.

They have to prove in writing that they have complaints....and YOU can demand a continuance on court to supeona the witneses if they dont show up, a landlord just cannot give the judge letters....

YOU are an AMERICAN, and have a right to face your accusers...in a court of law.

Just because the landlord is a Communist REDNECK hell bent on destroying this country, you still dont lose your rights to a trial.

[Edited by dj1 on 05-24-2001 at 07:59 AM]
 
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cryptkepre

Guest
Thank you I needed that! I will continue to pay my rent as you say. I also found out that I can go to our court house building and they have a consumer affairs office that I can complain to about the harassment and the discrimination that I have been subject to and they intercede on my behalf to try to correct the problem. I am very pleased with the way you answered my questions and got them through my thick head. A dozen roses to you and my profound thanks.
 

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