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Landlord is saying we owe $1290 for three months of rent that…

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Landlord is saying we owe...
Landlord is saying we owe $1290 for three months of rent that we have not paid. But we have receipts for the three months that they are saying we haven't paid which are March, April and May. Sent a fax to the landlords lawyer with a copy of the receipts and the money order and have tried to get ahold of him but he does not return the phone calls. Tried to pay the landlord the remainder amount of $390 by money order but they refused to accept it and when I asked to speak to the apartment manager she refused and said it had already gone to collections. We got the first notice on May 24, me trying to paying the money order was on June 7th. What do we do because we now have to go to court on June 25th over this. Also, the copy of the lease agreement and the move-in checklist was in a laptop bag that got stolen, so how would I go about getting a copy of both before the court date.
Submitted: 8 years ago.Category: Real Estate Law
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6/18/2010
Real Estate Lawyer: Lucy, Esq., Lawyer replied 8 years ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 32,264
Experience: JA Mentor
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Lucy, Esq. :

Hi, my name is XXXXX XXXXX I'd be happy to help you today. I'm sorry to hear that this happened.


 

Lucy, Esq. :

You can get a copy of both the lease and the move-in checklist from the landlord. If you send them a Request for Production of Documents, they have to produce it.

Lucy, Esq. :

You also have no obligation to give them more money, when you've already paid. Take the receipts to court and, if you paid by check, call the bank to see if they can get you copies of the front and back (you may also be able to get them through online banking).

Customer:

How do I go about finding a form that has request for production of documents? Is their lawyer a legal collection agency, bc according to the notices we are to pay him? But since we cant get a hold of the lawyer, the money order we had we put back in the bank because we did not want to loose it. Also, my boyfriend, whose name the lease is under, signed a lease agreement that is month to month where the rent was $775. The landlord decided to make him resident manager which made our rent go down to $360 a month. We received a notice on May 24th, dated the same date and affective the 24th that he was no longer needed as a resident manager and that our rent would go back up to $775. Do they have to give the normal 20 to 60 day notice that our rent is going back up?

Lucy, Esq. :

Let me see if I can find the form for you...

Lucy, Esq. :

I don't see them online. Call the courthouse, though. I know that, here, the housing court has discovery forms that aren't used by the other courts.

Lucy, Esq. :

This is a family law form, but you can look at the basic format and modify it. Basically, you want to ask for all forms "evidencing, regarding, or relating to" the lease, the rental agreement, and the move-in checklist.

Lucy, Esq. :

Did your boyfriend have any sort of contract with them?

Customer:

Thank you. What if we send the request for the forms and they refuse to give it to us? He signed a contract with them when they made him resident manager. Since they decided not to have him as resident manager anymore where our rent was $360 they said that our rent is going back up to $775. We haven't paid the rent for this month (June) bc they won't take it unless it is for the full amount that we owe (or what they say we owe) plus the amount of rent and late fees. So with them saying that our rent is going back up to what it used to be and them trying evict us, does this mean that we dont have to pay them the $390 (the amount we actually owe them from the three months they are saying we didnt pay) and this months rent. We tried calling the lawyer over and over to set up a time to talk with him and give him the money but he has never returned our phone calls, so who do we give the money to. Even if we have already paid $900 out of the $1290 we supposedly owe and are willing to pay the left over amount and the rent for June, could we actually end up still paying the $1290 plus this months rent.

Lucy, Esq. :

If they refuse to give you the documents after you send them a request, you can file a Motion for contempt of court. The problem is, your hearing is coming up so soon, there may not be time. You can try to ask the judge for a continuance so you can get the paperwork. It's up to him.

You will have to pay rent for June, even if they are trying to evict you - it sounded like they were asking you to give them more money for July and August, so I was a little confused. But you do have to pay for June. If you've already paid $900 of what they're suing for, take the proof with you to court - you shouldn't have to pay that again.

The contract he signed when he became resident manager should have a provision about the lower rent - it should also say how much notice they have to give to increase the rent and if, as a result, they are required to give him any notice before terminating him. Ordinarily, they wouldn't, but if they do, the contract would say so.


 

Customer:

I think what they are trying to do is to get more money out of us from march, april and may because they are saying that we owe $1290 from those months even though we have the receipts for all three months saying that we have paid $900 for those three months. We actually have all the receipts since we have moved in. They also have done this to us once before but they realized that it was a mistake. The company has also done it to 4 other residents that lived in the same building as us. Should I try to get statements from them about what happened to them with the company.

Lucy, Esq. :

The statements would probably boost your case, but if you can't get them, it shouldn't matter. The important thing is that you have the receipts, and you can prove that you paid. Also, if you wrote checks, get copies so you can prove that that management company cashed them.


 

Customer:

Since I have the receipts from the time we moved in, should I make copies of those too in case the judge wants to them?

Lucy, Esq. :

You want to bring the original receipts - the judge will give them back to you. You shouldn't need every one you've gotten since you moved it, but it can't hurt, if you can find them easily.


 

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