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blublond1 | My landlord used a portion of my rent for fence repairs that are not my responsibility, now he says I owe rent |
Long story short; a fence behind my apartments was damaged and my landlord sent me a bill for $270. I am not responsible for the repairs because neither I, nor my children did the damage. On more than one occasion, I saw a kid from the neighborhood kick the fence boards down to "cut through the neighborhood", and I told my landlord that I would give the name and phone number of the kid who did it, but that I will not pay for it. So, yesterday in the mail I got a 3 day notice to pay my rent or move out. I did pay my rent, as always, but it seems as though my landlord applied a portion of my rent to the fence bill. Is it legal for them to do that? |
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goz1111
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the landlord is playing the game, first read your lease to see if their is a provision that landlord will apply rent monies toward repairs first then rent, even if their is a provision it may be illegal
next as you stated you nor your family caused the damage, the landlord will need proof you did it, i would get a lawyer to write a letter, stating the landlord has been informed who did the damage, if the landlord continues to follow with the pay or quit you will sue if he dings your credit with a fraudulent pay or quit, and get ready for court |
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Craig T
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Let me be clear that I am not saying he is right in this.
HOWEVER, let me toss something back at you that you said only with a slight variation. You said "I saw a kid from the neighborhood kick the fence boards down to "cut through the neighborhood", and I told my landlord that I would give the name and phone number of the kid who did it" Maybe another someone else told the landlord that YOUR kid did it (not saying he did) The landlord has just as much proof that your kid did it as the "kid from the neghborhood"
One thing noticeably missing from your post/question is you calling the police to report the "kid from the neighborhood" for criminal damage to property (that would be kicking down the fence boards) Just think, IF you HAD reported this "kid from the neighborhood" when you saw him damaging the fence, you wouldn't be in this position.
He may not be in the right here but at the same time by you doing NOTHING when you witnessed the fence being damaged you cost the landlord the $270 to fix the fence. Funny how people don't give a damn about someone else's property being destroyed.......until it gets in THEIR pocket.
I am sure that people are going to give me "bad answer" rating for this but honestly I have no sympathy for you because you COULD have done something, chose to do nothing and only NOW after being billed for this damage decide to tell the landlord the name and phone number of the "kid from the neighborhood who kicked the fence boards down" |
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bostonianinmo
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You have proof that you paid your rent, i.e. the canceled check or the rent receipt. Tell your landlord you'll see him in court. The cheap SOB is bluffing and he knows it. He doesn't have a leg to stand on.
For $50 of so you can get a lawyer to write him a letter that will leave him crapping in his jeans. Then send him the bill for the lawyer's fees and follow up with a Small Claims Court filing on that if he doesn't pay.
There are some dirtbag landlord who give good landlords a bad name. But if you play hardball with these @$$holes they'll back right down. |
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Expert Realtor
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No, it's not, and I would send him a certified letter, signature required, of the name of the child that possibly damaged the fence.
I would also LET him take you to court. Let him go to the expense of it. He'll find out from the judge right quick that he's in violaton of the law.
You are in the right. Never fear going to court for something you didn't do.
You don't need to go to the expense of a lawyer, and no lawyer is going to handle that for $50 anyway. Some cases are so simple you don't need one.
As long as he cannot prove that you damaged the fence (which he can't), and you can prove that you paid the rent, you are in the clear. |
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Ms E
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No it is not legal for him to do that. You should have called the police when the fence got damaged or when you found out it got damaged. That would have Covered Your A$$. I hope you have your rent receipt because that is what the court is going to ask for before tey evict you. I wish I knew what else to tell you. |
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cocomedina
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that is not legal. if you have proof that you paid your rent then don't worry. If you are on a lease and you have that proof that rent was paid he has no standing. if you are on a month to month he has to by law give you a thirty days notice to move anyway. so tell him you will see him in court. check out the site below for more info. Good Luck :)
my old landlord tried that same crap on me they said I had to move in 7 days. I told them I needed a 30 day written notice, and it was great to see there face when they realized that they could not get over on me. Don't let him push you around. |
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cowboy in scrubs
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Thats called a scumlord. I hope you have proof, canceled check, receipt of rent? He will have to evict, which will be through court. You will be able to show proof of rent paid.
The fence- he has to sue you seperate from rent if he has some wild idea that you damaged it. He could evict if you did damage it and he has proof, but it sounds like he doesn't. Look up your state / cities laws on Landloed / Tenant. They are pretty exact what he can and can't do.
You could possibly get him charged for extortion. If he continues, call the police and see about charging him with extorting your money.
Its a stretch, but it may get him to back off if you are serious enough to call the police on him for extortion. |
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mizundrstood
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ummm i dont think soo cause u were billd on 2 seprate dates rite n if u gave a deposite b4 moving in that would cover for any damages soooo thats not rite at all u should fight this one!
gewd luck... |
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I_Love_McRedneck
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You've kept your receipts or cancelled checks, right? Then you can prove you've always paid rent.
He's full of crap. Contact ANY lawyer and have them write a nice little letter to the landlord, it'll cost less than $50 and he'll shut up about it. |
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Measha
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Some friends of mine, there moms send the check to the owner becuz stuff like that has happened to them. I say send a money order then photo copy it then send the copy to the owner or property management place to prove that the money that you gave the manager was their. they'll look into it soon enough |
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