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| I quit my job to homeschool in Nov 07 and we found our ideal home and community last weekend; now I am concerned that my credit will not be taken into consideration without having income. The ... |
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 Can a text message ever be legally binding as giving landlord notice 'in writing' to end a UKtenancy agreement |
Can they say that a 'text' is the same as 'in writing' legally?
Additional Details
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 If you were a landlord and a tennant needed to break a lease 6 months early, what would you do? |
Would you hold them to the "letter of the law"? or would you be understanding?
Let's assume that the tenant is trying to find someone to take over the lease but has not been ... |
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 Anyone have any good ground rules for renting to a friend that has kids? |
My husband and I will own the home and she will live with us and pay rent.She has 3 kids and will use 2 bedrooms.What should the upfront rules be and how to handle any issues as they come up?
A... |
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collectorX | My landlord threatened to sue me for late rent...? |
So there was kind of a bad situation where I didn't have enough money. It turns out I can pay the rent tomorrow, with a $50 late fee, but I want to know if what my landlord said was true.
So she (the landlord) calls me, and asks where the rent is. I say I am going to have to be late and I am sorry. She says she will put up a three day eviction notice tomorrow, and if I am not paid up by Thursday, she will take me to court and force me to pay the entire year of rent, even if I move out. She said they would deduct it from my paychecks until I am paid up for the whole year. I am sure that this is not legal, nor would this fly in court, but I just wanted a confirmation that she is full of $hi†. |
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Paula M
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Yes. She is full of baloney... The 3 Day notice "starts" the eviction process and legal clock....you pay the rent....and late fee (if and only if late fees are specified in your lease...and allowed by state law)
She can't do anything...Landlords aren't allowed to "collect an entire year's rent" as punitive damages...geez...what a bully..
BTW: the posting by "Landlord"....is frighteningly wrong....illegal clauses are not enforceabe just because you signed them.....
Google your state and landlord tenant laws....and when you pay your rent....give her a letter (with copy in mail to her return receipt requested)...and educate her on what your state law provides for regarding late payments..
For example...in MASS....no late fees are allowed until 31 days after rent is due.....AZ allows NO grace period....and most states say if late fees are NOT specified in Lease - can't collect them at all...
Even if she did evict you...she can only sue for the time the apt was actually empty....no double dipping allowed....most states say that landlords have a duty to mitigate damages by making good faith efforts to re rent....
Further, make sure you spotlight the statute regarding your deposits...some states only allow the landlord 14 days to return it after move out...some 30 days.....less itemized damages...
What a bully....but if she included items in your lease that are prohibited by your state law....she is in BIG trouble....Judges hate those kinds of landlords. |
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rtfm
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If you have a lease that says you will pay the rent for a period of one year, then it's possible she could win that amount in court. And if you are ordered to pay by the court and don't pay, then yes, your wages could be garnished. A lease is a legal document. You signed it. You can be held to it.
In the real world, courts often rule that the person being evicted only needs to pay the rent for the period of time when the apartment is vacant (as long as it takes the landlord to find a new tenant) but this is by no means a guarantee.
Your landlord is not full of anything. All of what she is telling you is completely legal. |
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Judy1
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Depending on what the lease says that you signed, she can very possibly do exactly that. You signed a lease for a year's rent, due monthly. YOU broke the lease agreement by not paying when you agreed to.
Put since you say you'll be able to pay it tomorrow, and she has given you 3 days, there shouldn't be a problem. |
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AJ
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Most of what she said is absolutely true.
The 3day notice is not an eviction notice; however, if you don't pay, the landlord now has the proof to start eviction process.
She cannot force you to pay for the rest of the lease time. However, she has to try and rent it again. You will be on the hook for any loss rent after you move out. For example, you pay $700 a month, lease still has 9 months left on it. You move out, it takes a month for landlord to rent the place but she can get $650 a month for it. You will be on the hook for all the rent you didn't pay while you lived there, the month's rent it took the landlord to rent the property and the $50 each of the last 8 months of your original lease. Oh and most states allow the landlord in these situation to charge double rent.
Now she is correct in that after the courts find you owe the money and issue a judgement against you. They can go to your bank and get all the money you have there, plus garnish your wages until the debt is paid.
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goz1111
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Your landlord is full of it on numerous levels if she is located in the USA, her statements clearly demonstrate she has no clue how residential leases work
1. If she issues a 3 day pay or quit: means either pay up or vacate the premises in three days, this is the landlord offer, to wit, you could accept to quit within three days, if you had chosen that you would not have been responsible for future rent
2. If she evicts you through the courts system, she would be estopped from kicking you out and at the same time collecting all future rents due under the lease, no matter what her leases states
3. Even if her residential lease has an acceleration clause she would still be bound by the states duty to mitigate damage in a residential lease, as such under a residential lease she could not sit on her hands and require you to pay all the monies she has a legal duty to re-rent the unit, its her legal burden in court
4. On garnishment of wages, each state is different on how once a person gets a judgment may they garnishes a person wages some states allow others do not
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Classy Granny
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If she evicts you you can not be sued for rent for the entire term of the lease. That could only be done if you break the lease. She can post a 3 day notice, but that doesn't mean you have to leave in 3 days. After the 3 days she will give you a 30 day written notice. It's only after that she can take you to court. Landlords can be successful in garnishing paychecks for back rent. I am a landlord |
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Landlord
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What are you talking about? Of course this is legal. She can indeed enforce the contract you signed. She can indeed garnish your wages for the money you owe her. IT is not only legal, but she is completely supported by the courts.
You can not just up and decide to not pay your rent, you signed a binding contract, you need to follow the contract to the letter. |
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gafpromise
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Under an eviction, I believe the landlord cannot sue for rent for the remainder of the lease. She is the one choosing to evict you and terminate the tenancy. I'd pay her right away and avoid an eviction because that really hits your credit hard. Only communicate with her in writing and keep copies of all of it, and have a record of all your payments to her. She sounds like someone who could really fly off the handle at any time. |
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caleb.carl
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Well if she does go to court with you.. she's not going to get a single dime. I tried the court system and they are always in favor of the tenants. If I were you I'd just pay the rent. I don't know about pay the rest of the year's rent. pht.. I never heard of that... you're not even in the house. If you guys aren't getting along you should move out. Before she does (which I don't think she will) take you to court. Hope this helps and good luck! |
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David C
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Depends. If you are on a lease she could claim you violated the lease conditions and sue you for the remainder of the lease. Chances that she will do this is quite small unless you are constantly paying your rent late.
If you are month to month she is full of caca . She could take you to court but when you pay the money she will forget about it. She is trying to scare you so that you do not make late payments in the future. But keep in mind that landlords have the upper hand in most cases. If you piss her off and are month to month renter she can go to court and get a 72 hour no cause eviction against you. No cause meaning she does not have to give the court a reason she just wants your *** out of there. |
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Jamie W
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She is just trying to scare you.
Offer to sleep with her like what woody Harrelson had to do in the movie kingpin and you never know she might knock $20 dollars off |
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