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tenant/landlord issues

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elseyk

Guest
I signed a lease on Nov. 1, 1999 to April 31, 2000. On the first of April I took over the rent and turned in the 30 day notice, signed by my roommate(brother) and I. He decided at around the third week of April to stay in the apartment. He called the landlord and asked if he could stay, I was still moving out and all utilities would be going into his name. On May 1 all utilities, to include the water (which the landlord switched over) went into his name. However, I just recently found out that he did not pay his last month rent, didn't give 30 days and the landlord turned me into the credit agency, which nobody had contacted me until Friday they finally called my parents, my mom gave me the messsage and I called at once to fix the problem since I turned in my 30 days and moved out. The landlord has changed since may 1 and they say I lived there...even tho there is nothing in writing saying I was there after april and I have all of the letters stating utilities were changed, a letter from my new landlord and post office change. They lost the 30 day notice letter (actually, I think when he called to stay they threw it away) I kept it for 6 months then I threw it away since all seemed well. What do I do now??? They want 800 dollars out of me and I was not even there....
elseyk
 


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LL

Guest
Sorry I can't help you, but this is a good lesson in setting yourself up in case you have to go to Court: Documentation, documentation, documentation.

You still have all the rights of someone who submitted notice, your only problem is to convince the judge that you actually gave it.

You lost your copy of the notice.

You probably didn't send it by certified mail.

Can you find the old manager, and ask him to testify for you? The letter from the new landlord might help, or, if he remembers that you had told him about having given notice, maybe he will come to court and testify for you. Also, that the utilities were changed out of your name will help. Does the new management admit that they didn't keep any records from the old management.

The problem to a judge is, that he wants to help you, in case you are telling the truth, but the other side is that the LL (new or old) needs to get their money. They have a right to collect from you, if you are still liable.

Someone (from your family) owes the money.

Why don't you try to get together with your brother and try to work some thing out(He's your brother, after all)to see that LL gets his money. Maybe Mom could sit in on your discussion.
 
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elseyk

Guest
I have spoken to my brother, and unfortunately he is now all upset with me for making a big deal out of this. I am worried about 2 things 1) my credit, it will now be more difficult for me to rent 2) getting my paycheck garnished, I am a poor student that is why I moved out of the apartment in the first place. If this were to go to court my brother would of course say I didn't live there at the time of the due rent but I really don't want it to go that far. How can I get the landlord to see my side when they admitted that the files were messed up when they took it over?
 
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elseyk

Guest
ps I hand delivered the notice and the old landlord signed it. I kept all of my copies up until about 2 months ago. I had no reason to think this would come up now...the credit people didn't even ask for my address and number when I called them to find out why they called my mother.
 

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