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Termite | Who is in the right here...me or the landlord? |
My b/f and I have been paying $350 a month to a private owner for a mobile home set in a park, since April of 2005. We did miss 2 payments and had to make partial payments a couple times.... According to the payment plan, the trailer should have been paid off in August of this year with the last payment only being about $100, but because of the missed payments, etc...by my calculations this month should now be our last with $330 due...
The landlord showed up last night for the payment and is trying to say that we still owe him over $1000!!!
I tried to explain to him that when we missed a payment, the amount for that month just didn't come off the balance of the loan... He is not only trying to not take it off for that month, but add it back on at the end...
He said that he did not receive that money and he wants it... I tried to explain that he DID get it...that's why it has taken almost 3 months longer to pay it off....
Who is right here??? Me or him???
Additional Details
Of course, the landlord is not running a charity... I never said he was... but at the same time, I am not paying over $1000 more for a trailer that we have spent over 3 years paying for...
We missed 2 payments and ended up paying partials 4 times over those 3 years...I think that is pretty good myself...
The only thing that the lease says about late and missing payments is that there is a late fee of $10 on anything after the 15th of the month and I even added that on to my last payment...
We are not asking him to accept us as charity..according to my accounting the trailer is paid off!!! and yes I have EVERY RECEIPT from the very beginning....
The way I figure it is that the payment just doesn't come off for that month....but you can't add it back on again too....that's making us pay it twice. |
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bambi.woods@rogers.com
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Being an "ex-landlord" and a tennant over the years, I have been on both sides.
If you have all your reciepts since April 2005, get them out, organize them and photo copy them. Add them up and see what is what. Keep your originals and present the photo copies to your landlord.
If by chance you do not have these receipts then that's another route!
If you paid "cash" for the "partial payments" on the two months you mentioned and do NOT have a reciept, then print off a legal "affidavit" form from the internet. (Should be able to find one like "upper law society of Canada" or where ever you live) Hopefully someone besides yourself was with you when you gave the landlord this money, as a WITNESS. An "affidavit" legal form is just a sworn statement saying you paid this landlord money. It's not scarey, just a piece of paper that tells the truth.
It may cost you about $15 to get a notary public, lawyer, or paralegal in your area to sign it for you. You just write down what you gave him,(the truth) have a witness sign it (if you have one) and then have the lawyer , etc. sign it. This way it is noted and documented that you DID indeed pay for the 2 partial payments. The lawyer or whoever you get will stamp it and make it officail "sworn statement"
The other route to go is be really CALM and nice to your landlord. Ask if by chance he/she is having "memory" troubles, think of when exactly you gave the partial payments. Like things: was it raining outside, what he/she was wearing, did you have coffee, what date it was, what time of day, morning or evening? were you "outside" or "inside" when you passed the cash?
All this information is really great if you can remember it, it may jog your landlords memory, and when YOU figure it out, and then you tell your landlord, just laugh and be friendly and say something like, "don't ya remember you were wearing that wild hat and it was storming out", now that is just an example, but I think you get the idea?
It's always better to deal calmly with someone that is "against" you when it comes to money matters. IF all fails then hopefully you have a "landlord and tennant" act or outfit in your area that can give you advice. It is free to get advice, but then again, they are gonna ask if you have receipts, which you should.
Best of luck with your landlord, and congradulations , you are almost paid off and will be done with landlords for ever!
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J M
 |
I'd ask him to show his calculations or explanation in writing. He might be factoring in interest or something somehow, or could very well just have his math off.
If you're sure you're right, you could also get the ball rolling by showing him your calculations and what you think should be occurring and why.
If he can't explain himself or his reasoning changes around, there are odds he's just after money or something, but without his current explanation, it's hard to know if he's right or not. For all I know you have some contract that includes a penalty for missed payments or something. |
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I Buy And Sell Houses
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I'm unclear on the scenario and the reason the landlord says the amount is higher. You say "He is not only trying to not take it off for that month, but add it back on at the end." I don't know what that means. He shouldn't be charging you twice.
However, there may be penalties or interest involved. Let me give you an example. Suppose the payment is $350 a month, with a $50 penalty for a late payment. Then consider this scenario:
Month 1
You pay $350. You're fine.
Month 2
You pay $250. You incur a $50 penalty
Month 3
You pay $350. Of that, $150 is credited by the landlord to the partial (late) payment in month 2 plus your $50 penalty for month 2. That leaves $200 credited to the current Month 3 payment. Since that's not the full amount for Month 3, you incur another $50 penalty.
Month 4
You pay $350. The first $50 goes to pay the penalty from Month 3. The remaining $300 pays for Month 4. But since you owed $350, you're hit with another $50 penalty.
Month 5
You pay $350. The first $50 goes to pay the penalty from Month 4. The remaining $300 pays for Month 5. But since you owed $350, you're hit with another $50 penalty.
In other words, until you're completely caught up, you'd incur a $50 penalty per month, even in those months when you think you're making the full payment.
The seller/landlord does owe you a complete and full accounting. Without knowing more details I (or anyone else responding to your question) can't really say whether you're right or the landlord is. But you are entitled to a full explanation, along with an opportunity to correct any mistakes in his calculations.
Hope that helps.
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Bev M
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Don't you have the receipts?? You can prove it that way. |
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no other nickname
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You are, but you really need to get proof that you paid for it because otherwise it's just your word against his and he may make things worse for you. Never pay cash for rent, because this is how they can do whatever they want and you're allowing them to mess with you since your cash leaves no tracks. Get cheques, and you won't have this problem. |
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Worldly25
 |
Possibility that 1000 includes missed payments and late fees for the missed payment and the partial payments. Your landlord is not running a charity. |
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Landlord 91335
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By your own admission, you are in the wrong. You need to try and work things out with the landlord. If you don't he may repossess the trailer and evict you. Get some money together and then approach him with an offer. Remember...you are in the wrong for missing 2 payments and being short on payments as well. Do not make threats or demands or you will wind up on the street. Good Luck |
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melissa_annemarie
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he needs to provide you with documents containing dates,amounts,balance etc.as long as you have your lease agreement,receipts of payments in full or partial it doesn't matter as long as you are up to date.I say this because the first thing that came to mind was court and those things I just mentioned is whats important in the laws eyes. |
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peace, please ☮
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you are. |
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Landlord
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Look at your contract, it should have something in there about this. You have have actually voided the contract by just up and deciding to skip payments.
Figure out the penalties and compare that to your payment records. |
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Craig T
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Unfortunately it doesn't really come down to who is right or wrong but if you have PROOF of what you claim to be so.
Do you have a written contract? Does the contract include interest? late fees?
Did you pay by check? Did you keep your cancelled checks and/or bank statements? If by cash did you get receipts? If by money order did you keep your money order copies?
Bottomline is unless you can prove what you say and are willing to go to court, the owner wins.
May not be fair but that is the harsh reality |
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Voice of reason
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You need receipt that shows you paid.
Also, you can be penalized for late payments. That's actually common.
"Right or wrong" matters not. It's about proof-- the proof is in the checks, late fees, and contract. Without documentation of each.
I would think if it came down to it....he would win legally.
Sorry for you troubles. |
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bj_bugg
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Dont back down, landlords will walk all over you. You're right do what you need to but dont back down, threaten to take him to court. |
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