RENTAL DISPUTE

[HASTINGS]

HELP WE LIVE IN VA AND WE ARE IN THE MILITARY. WE LEASED A CONDO FOR 600 A MONTH AND THE RENT WAS RECENTLY INCREASED 20.00 IN MAY WHEN WE SIGNED A NEW LEASE.IT TAKES A MONTH OR TWO FOR THE ALLOTMENT TO GET INCREASED TO PAY THE FULL RENT. MONEY GOES AUTOMATICALLY TO THEM DIRECT DEPOSIT. ANYWAYS LAST MONTH IT DIDN'T GO THROUGH AND I WROTE A CHECK FOR THE DIFFERENCE INWHICH THEY CASHED. THE RENT IS PAID TWICE A MONTH IT IS SPLIT HALF ON THE 1ST AND HALF ON THE 15TH. THIS JUNE WERECIEVED A NOTICE ON THE 7TH SAYING THEY DID NOT RECEIVE ALL OUR RENT. ON THE FIRST THEY RECEIVED 300. FROM US AND ON THE 15TH THEY STILL HAVE TO RECEIVE 320. IT IS NOT THE 15TH YET. ANYWAYS THEY CHARGED US 20.00 FOR THE INCREASE A 45.00 LATE FEE PLUS A ADDITIONAL AMOUNT TOTALING 361.00. sINCE HALF THE RENT IS STILL DUE NOTHING IS LATE. THE ALLOTMENT HAS STILL NOT KICKED IN FOR THE INCREASE AND I WILL PAY THE INCREASE DIFFERENCE BY CHECK. i ASKED WHAT THE ADDITIONAL FEE WAS FOR AND THEY SAID THAT THEY WERE LATE CHARGES FROM RENT WE DID NOT PAY IN DEC. OF 99. FIRST OF ALL THAT IS OVER 6 MONTHS AGO. SECOND IN ALL THE THESE SIX MONTH WE NEVER RECEIVED A NOTICE STATING WE OWED RENT EVEN WHEN WE WENT AND RESIGNED THE LEASE LAST MONTH. ALSO WHEN I ASKED THEM LAST MONTH HOW MUCH I OWED DUE TO THE RENT INCREASE THEY SAID 18.00. THE MILITARY DISPERSING OFFICE SAID THAT THE DEC 99 RENT WAS INDEED PAID AND THAT ALL THE LEASE OFFICE HAD TO DO WAS CALL A NUMBER AND THEY WOULD TELL THEM BUT THE LEASING OFFICE WILL NOT DO IT THEY ARE BEING DIFFICULT. i DO NOT KNOW WHY THEY WAITED SIX MONTHS TO TELL ME I OWE RENT FROM LAST YEAR AND NEVER GIVE ME NOTICE AND CHARGE LATE FEES ON TOP OF IT. I DONT KNOW WHAT RIGHTS I HAVE THEY SAY I HAVE TO PAY IN FIVE DAYS OR I WILL BE EVICTED. AT THE SAME TIME EVERYTIME I TRY TO CALL AND STRIGHTEN IT OUT THEY ARE RUDE AND WILL NOT CALL BACK. i DONT KNOW WHO I CAN TALK TO OR WHAT TO DO ABOUT THE SITUATION. IF THEY WOULD HAVE TOLD ME IN DEC. I WOULD HAVE GLADLY TRIED TO STRAIGTEN IT OUT. aLSO SHE SAID THE COMPUTER WAS HAVING PROBLEMS BUT WE STILL HAD TO PAY. pLEASE HELP wE CAN PROVE THAT WE PAID THEM YET THEY STILL WANT MORE MONEY.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by HASTINGS:
HELP WE LIVE IN VA AND WE ARE IN THE MILITARY. WE LEASED A CONDO FOR 600 A MONTH AND THE RENT WAS RECENTLY INCREASED 20.00 IN MAY WHEN WE SIGNED A NEW LEASE.IT TAKES A MONTH OR TWO FOR THE ALLOTMENT TO GET INCREASED TO PAY THE FULL RENT. MONEY GOES AUTOMATICALLY TO THEM DIRECT DEPOSIT. ANYWAYS LAST MONTH IT DIDN'T GO THROUGH AND I WROTE A CHECK FOR THE DIFFERENCE INWHICH THEY CASHED. THE RENT IS PAID TWICE A MONTH IT IS SPLIT HALF ON THE 1ST AND HALF ON THE 15TH. THIS JUNE WERECIEVED A NOTICE ON THE 7TH SAYING THEY DID NOT RECEIVE ALL OUR RENT. ON THE FIRST THEY RECEIVED 300. FROM US AND ON THE 15TH THEY STILL HAVE TO RECEIVE 320. IT IS NOT THE 15TH YET. ANYWAYS THEY CHARGED US 20.00 FOR THE INCREASE A 45.00 LATE FEE PLUS A ADDITIONAL AMOUNT TOTALING 361.00. sINCE HALF THE RENT IS STILL DUE NOTHING IS LATE. THE ALLOTMENT HAS STILL NOT KICKED IN FOR THE INCREASE AND I WILL PAY THE INCREASE DIFFERENCE BY CHECK. i ASKED WHAT THE ADDITIONAL FEE WAS FOR AND THEY SAID THAT THEY WERE LATE CHARGES FROM RENT WE DID NOT PAY IN DEC. OF 99. FIRST OF ALL THAT IS OVER 6 MONTHS AGO. SECOND IN ALL THE THESE SIX MONTH WE NEVER RECEIVED A NOTICE STATING WE OWED RENT EVEN WHEN WE WENT AND RESIGNED THE LEASE LAST MONTH. ALSO WHEN I ASKED THEM LAST MONTH HOW MUCH I OWED DUE TO THE RENT INCREASE THEY SAID 18.00. THE MILITARY DISPERSING OFFICE SAID THAT THE DEC 99 RENT WAS INDEED PAID AND THAT ALL THE LEASE OFFICE HAD TO DO WAS CALL A NUMBER AND THEY WOULD TELL THEM BUT THE LEASING OFFICE WILL NOT DO IT THEY ARE BEING DIFFICULT. i DO NOT KNOW WHY THEY WAITED SIX MONTHS TO TELL ME I OWE RENT FROM LAST YEAR AND NEVER GIVE ME NOTICE AND CHARGE LATE FEES ON TOP OF IT. I DONT KNOW WHAT RIGHTS I HAVE THEY SAY I HAVE TO PAY IN FIVE DAYS OR I WILL BE EVICTED. AT THE SAME TIME EVERYTIME I TRY TO CALL AND STRIGHTEN IT OUT THEY ARE RUDE AND WILL NOT CALL BACK. i DONT KNOW WHO I CAN TALK TO OR WHAT TO DO ABOUT THE SITUATION. IF THEY WOULD HAVE TOLD ME IN DEC. I WOULD HAVE GLADLY TRIED TO STRAIGTEN IT OUT. aLSO SHE SAID THE COMPUTER WAS HAVING PROBLEMS BUT WE STILL HAD TO PAY. pLEASE HELP wE CAN PROVE THAT WE PAID THEM YET THEY STILL WANT MORE MONEY.<HR></BLOCKQUOTE>

It is unfortunate that the management could not have been a little more understanding and cooperative since the rent is coming from the government. Contact your military legal aid office for help right away. I am sure they can help delay the eviction and settle this matter. In my neck of the woods, the courts frown upon eviction notices/litigation against military tenants because it is a known fact that a change in housing assistance payments and the paperwork procedure takes a long time to process.

 

[Tracey]

Does the new lease have the same payment terms as the old lease? 1/2 on the 1st & 1/2 on the 15th? It sounds like their computers think the entire $620 is due on the 1st. If they're stupid enough to try to evict you for not paying rent you don't yet owe under the lease, the judge will award YOU terms. They will have to pay you your costs & attorney fees.

Whether their computers are having trouble is irrelevant. You have told them you don't owe any rent & it's up to them to investigate and make sure you really owe rent before they try to evict you.

They can't evict you for the late fees from Dec. L can only evict for non-payment of rent. To collect late fees, L has to sue in small claims court.

Send L a letter (certified, return receipt) stating that you don't owe any rent, attach a copy of the lease setting rent payments due on the 1st & 15th, and say that if L brings an eviction action against you, you will defend & collect costs + attorney fees from them when you win. Don't have any more oral conversations with them. Make all communications in writing & keep copies. Also, dispute the late fees from Dec, attaching a copy of the military office's records showing payment was made and when.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[HASTINGS]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Tracey:
Does the new lease have the same payment terms as the old lease? 1/2 on the 1st & 1/2 on the 15th? It sounds like their computers think the entire $620 is due on the 1st. If they're stupid enough to try to evict you for not paying rent you don't yet owe under the lease, the judge will award YOU terms. They will have to pay you your costs & attorney fees.

Whether their computers are having trouble is irrelevant. You have told them you don't owe any rent & it's up to them to investigate and make sure you really owe rent before they try to evict you.

They can't evict you for the late fees from Dec. L can only evict for non-payment of rent. To collect late fees, L has to sue in small claims court.

Send L a letter (certified, return receipt) stating that you don't owe any rent, attach a copy of the lease setting rent payments due on the 1st & 15th, and say that if L brings an eviction action against you, you will defend & collect costs + attorney fees from them when you win. Don't have any more oral conversations with them. Make all communications in writing & keep copies. Also, dispute the late fees from Dec, attaching a copy of the military office's records showing payment was made and when.

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