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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 6847
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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I am dealing with the Irvine Company, who about as unethical

Customer Question

I am dealing with the Irvine Company, who about as unethical as it gets. I wouldn't sign a lease with them so for the last 16 months have been paying $2175 instead of $1660. Never an issue, they push you to do their auto payment plan. It is pulled out every month on the first. This is such a small amount I never notice it. They say they put a 3 day notice on my door and mailed it. Which is a complete fabrication, I am only one at the apartment and only person who gets the mail. I then get a phone call last Thursday asking me why I haven't paid rent on the 17th, and I was shocked. I explained I didn't know it wasn't paid and never got 3 day notice, asked why they didn't take auto pay and basically there response was it is all my responsibility. The auto company they force on us all of a sudden has nothing to do with them, and we must have stopped or set it to end Nov 2nd, we haven't touched that auto since we set it up. They are going to check into it though and I get a xmas card from them and no return phone call. Then 36 hours I am served an unlawful detainer at 9pm on Friday night so I have no choice but to deal with it now. I feel like they have done this in a planned manner, only reason I can think is they want a leased tenant instead of month to month. My question, am I just done at this point because I didn't see the rent paid. Again, it was auto for a year with no problems or a year plus. There is more then $100K in that account. Or do they have to show some proof I got that 3 day notice? If I had received it, I would have taken care of it ASAP.
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Irwin Law replied 11 months ago.

The key to your situation is not the three day notice. It is proving whether or not the rent was in fact paid out of your account. Setting up the auto-payment was a good idea, but it it fails to work correctly, the law says you are still responsible to pay the rent. As soon as you find out from your bank (statement) whether it was paid to them, Will know what to do from that point on. That is, you will either still owe them the money or you will have the necessary proof to invalidate the 3 day notice. I'm currently on vacation, so I will be away from the computer on and off during the day. I am also on Hawaii time. Therefore it may be this evening before I am able to reply to any follow-up questions. I hope that this information is helpful.

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