| T.R | Title | User | Personal
Name | Date | Lines |
|---|
| 102.1 | | SOLVIT::KRAWIECKI | Been complimented by a toady lately? | Mon Aug 21 1995 09:57 | 10 |
|
What state do you live in? (May be important..)
To save you mucho time and cash, your best bet is to head for your
local library and determine what your (and his/her) rights are...
Most libraries will have the info you need, and the people there are
very helpful...
|
| 102.2 | | QUARK::LIONEL | Free advice is worth every cent | Mon Aug 21 1995 10:16 | 5 |
| If you are a tenant-at-will (which it would seem you are, since you have no
lease), then the landlord is within his rights to evict you for nonpayment
of rent. .1 has good advice.
STeve
|
| 102.3 | | ASDG::CALL | | Mon Aug 21 1995 10:57 | 19 |
| There are certain things of which the notice to quit should contain.
If the wording is not there then it is not a legal notice.
Does the notice contain that you have 14 days to pay?
A notice to quit for nonpayment of rent is 2 weeks.
If you are a tenant-at-will then the landlord can give you a thirty
day notice.
One way to avoid eviction is to pay the money you owe within 14 days.
If you want legal advice then call the worcester housing authority.
If you need the number contact me off line and I'll look it up for you.
I can look up the legalities a little later when I have more time today
and get back to you.
|
| 102.4 | Find out you rights... | SUBPAC::KAYS | | Tue Aug 22 1995 17:09 | 18 |
|
Jill,
Definitely take .1's advice. As a tenant you probably have more rights
than you realize. And as a landlord the other person probably has a lot
fewer rights than he thinks he does. I have heard tons of horror
stories from both landlords and tenants and it always seems that the
tenant can make it much harder on the landlord. (Legally that is)
Lots of landlords think that because they own it they can do what they
want. Many tenants think that same way (he owns it so I have to do what
he wants) But fortunately (or unfortunately, depending on which side
you are on) that is not the way it is. There are many laws out there to
protect the tenant from the unscrupuious landlord but fewer to protect
the landlord from the unsavory tenant.
Basically this was just a long winded answer saying "Check out you
rights you probably have more than you know"
Jim
|
| 102.5 | Know your rights, first! | MAL009::RAGUCCI | | Tue Aug 22 1995 17:29 | 23 |
|
Hi:
All of the replies are right, you have so many rights and
options here.
1. you can owe up to 3 months rent before he can even start the
eviction process.
2. you didn't have to accept that notice it's not legal.
3. Call the housing court for your area, they can advise.
4. I know I have been through this last year because I was
2 weeks late with my rent. It cost him almost 4 months rent
because he broke the law, violated my tennents rights,
as well as civil.
Some landlords can be jerks, and $ hungry!
Also, call MASSPIRG, they have a booklet on all of this stuff.
let me know how you make out? Good luck!
BR...
|
| 102.6 | | ASDG::CALL | | Wed Aug 23 1995 11:36 | 39 |
| That's why they have housing courts. They deal with this stuff every
day. They can usually tell who's doing what to who. Yes tenants have
rights. Yes there are laws. I evicted a tenant from hell last March.
She moved in May. The housing court in my case was on my side. There
usually are two sides to every case. Sometimes the landlord is in the
wrong. Sometimes the tenant is in the wrong. Sometimes people don't
handle things the way they're supposed to. That's why they have laws
and that's why they have courts.
I have studied the laws and I also have the books on tenants rights.
In my case my tenants were trying to take advantage of me and then
tried to intimidate me when I wouldn't bend over. Both the housing
courts and the criminal courts got involved. Basically if they do
anything within the next year they can go to jail. Just because I'm on the
landlord side of the fence doesn't mean that I'm a bad person. I was
trying to give them a decent place to live. That doesn't mean that a
tenant can live rent free.
Yes you can be evicted for non payment of rent. I've only had to do it
a few times in my life. Both times it was upsetting. One was a single
mother. She paid one months rent and then didn't pay. She broke windows
made my house into a wild party place and then ran up $2,000 dollars
worth of damage. I'm a single mother too. That doesn't mean that I have
to carry another person.
In this last case the people ran up the electric, used my phone, ran up
the oil and then didn't want to pay the rent. Why should I carry two
full grown adults? The MA courts didn't think so either.
I wrote to the basenoter because I was trying to let her know that the
notice is legally supposed to contain specfic wording.
I don't think that 2 weeks and her only oweing half is reason for
eviction.
The best thing you can do for yourself is gain knowledge. Find out what
the laws are.
|
| 102.7 | | MAL009::RAGUCCI | | Thu Aug 24 1995 22:48 | 12 |
|
Hey, how did you make out with this landlord?
B
|
| 102.8 | | FABSIX::J_ROUSSEAU | | Fri Aug 25 1995 09:20 | 4 |
| It's still ongoing. I'll probably hear more after Sept. 14th when the
notice expires. I'm hoping since it wasn't my name on it that they
will have to re-issue another one in my name before they can start
eviction proceedings.
|
| 102.9 | outcome/l.lord | MAL009::RAGUCCI | | Tue Oct 03 1995 23:12 | 11 |
|
how did things go?
Just curious.....
Bob
|
| 102.10 | No News Is Good News??? | FABSIX::J_ROUSSEAU | | Sun Oct 29 1995 15:49 | 7 |
| Still haven't heard anything from them. I'm assuming that it wasn't me
or that they have changed their minds. I did talk to a lawyer and he
told me that as long as it wasn't my "correct" name that it wouldn't
hold up in court anyway. I guess i'll just have to sit back and see if
they try delivering an eviction notice or not.
Jill
|
| 102.11 | | MAL009::RAGUCCI | | Mon Oct 30 1995 19:12 | 2 |
|
that's a relief.
|
| 102.12 | Landlord strikes again!! | FABSIX::J_ROUSSEAU | | Tue Nov 21 1995 11:36 | 7 |
| Well I have received another letter from my landlord stating that I
owe them $450.00 now. All I owe is $100.00 for this month. I have
been hearing rumors from the neighbors that they want all of us out
of there before the winter. Do they legally have a right to try to
do this??? The apartment is not in the best of shape. If I call
them to come fix something I get treated like it really isn't
important to them and I should try to live with it the way it is...
|
| 102.13 | | ASDG::CALL | | Tue Nov 21 1995 11:45 | 4 |
| No that's not the way it works. There are a number of steps you can
take to counter them. If you need a lawyer I know of a good one that
can help you. I also have a abook of laws if you want to take a look at
it.
|
| 102.14 | | FABSIX::J_ROUSSEAU | | Tue Nov 21 1995 14:50 | 13 |
| I called the landlord and talked to her at lunchtime. She told
me that her "computer records" say that as of last May i owed the
$450.00. I sent a check for $100.00 last week and that was deducted
from the $450.00 leaving a balance of $350.00. Last December I recieved
a letter from them stating that my rent would be increased in March of
'95 from $325.00 to $350.00, but for the last 10 years that I have been
living here I was paying $375.00 a month. When I ask them what happened
to the $50 a month that I over-payed they tell me I never over-paid or
I must have owed money so that over payment was applied to the
balance of what I owed. Well $50 a month for the last 8 years equals
out to about $4,200.00. I really can't see anyone getting that far
behind in their rent and still be allowed to live there. I need to
know what I can do about getting this money that is rightfully mine.
|
| 102.15 | $ $ $ | MAL009::RAGUCCI | | Tue Nov 21 1995 18:30 | 11 |
|
this landlord sounds bizzare, make sure you keep a journal of
everything you paid & say, as well as what they said in writing
and do talk to a lawyer. If they have accepted your rent in the
amount of $375.00 then they can't say you owe them anything.
please keep us updated & Good Luck!
a fellow renter... BR
|
| 102.16 | | FABSIX::J_ROUSSEAU | | Mon Nov 27 1995 08:29 | 7 |
| I am going to call her today and set up a meeting to get this
all straightened out(hopefully). She tells me she got all her info
from their computer. I told her the computer is only as reliable
as the person putting in the information. If they only entered in a
payment of $325.00 then the other $50.00 would not show up. I'd just
like to know what happened to that extra $50 a month they received?
I have a feeling it went into someones pocket.
|
| 102.17 | | MAL009::RAGUCCI | | Mon Nov 27 1995 17:26 | 8 |
|
I'm real curious on their answer. What do they think you are? A fool?
let us know what they do.
BR
|
| 102.18 | | FABSIX::J_ROUSSEAU | | Tue Nov 28 1995 08:37 | 15 |
| When I called her she told me their computer info only went back as
far as May of '95. Anything before that time she would not be able to
help me with. She told me she would do some more research and get back
to me with what she finds out. I also received a statement for her in
the mail showing me all the transaction since Nov. of '94. They had
a list of all the checks that they had recieved. There were also some
entries listed as MO (money order). I have never paid my rent with
anything but checks so I do not know where this so-called money order
info came from. When I questioned her about it she told me that that
didn't necessarily mean a money order was received it was just entered
that way. I find this really strange and hard to believe. I would
really love to have an auditor look at their books. One thing I don't
think I mentioned before is that I do not have a lease. I'm not sure
if legally I have a case against them or if I have to just write off
all these over-payments as my stupidity.
|
| 102.19 | GOOD! | MAL009::RAGUCCI | | Tue Nov 28 1995 15:51 | 8 |
| you're a tenant at will, don't worry!
Just deduct the amt. you overpayed in next months rent.
And send a copy of all your cancelled rent checks to her.
Remember have everything in writing/journal for your protection!
let me know & good luck, again!
BR
|
| 102.20 | | FABSIX::J_ROUSSEAU | | Tue Nov 28 1995 19:19 | 3 |
| I called a lawyer today and he told me to get my canceled checks and
set up a meeting with her to prove that I have over paid. I'm looking
at an amount of about $3000.00 in over payments.
|
| 102.21 | Wow 3k | MAL009::RAGUCCI | | Wed Nov 29 1995 21:52 | 7 |
|
WOW! $3000.00 what crooks!
Glad to hear you got a lawyer, I hope it works out ok for you.
and they can't evict you for this.
Bob
|
| 102.22 | | FABSIX::J_ROUSSEAU | | Sun Feb 04 1996 11:51 | 21 |
| Can you believe I still have not gotten this problem squared away!!
I went in last week and talked to the Property Manager about the
money that I have over-payed. I explained to her how the other tenants
in the building had their rent lowered to $325.00/month way back in
1990 when they purchased the house but that I did not/don't remember
receiving anything saying that my rent was lowered. She then told me
that perhaps my rent wasn't lowered and that I should have been paying
$375.00 all along. I asked her why then did I receive a letter stating
a $25.00/month increase starting in March of 1995? Shouldn't it have
said decrease? The ino. I got from their computer stated that my
monthly rent was indeed $325.00 up until last March when it was
increased by $25.00. I now have an appointment with an attorney this
Friday to try and clear up this mess. He told me that I do have a
good case against them. Wish me luck.
Jill
rent charge was indeed $325.00 up until last March
|
| 102.23 | | MAL009::RAGUCCI | | Sun Feb 04 1996 19:02 | 6 |
| Jill
real Good luck!
BR
|