Monday, December 12, 2011

Paid First, Last and Security..... Last month and getting an eviction notice for non payment?

8 Years ago i moved into my apartment complex, I paid first last and security. This last 45 days, I was given notice that my rent would increase if I decided to stay. My lease is up at the end of May. I went down to the office and told them of my intentions to not renew. The property manager asked why I was leaving, that she was upset to see me leave. A few weeks later I had received a call from another lady in the office. She asked me if I was going to renew or not. I told her that I had already been to the office and told them I was not going to renew. She told me I needed to come down and sign a notice to vacate. After I signed the notice I got a letter saying I had to give them 60 days written notice or I would owe for an extra month if I left at the end of my lease. I went back down to the office on the 1st of May to ask about this and to give them my last due amount of rent. Because I paid first, last and security and during the past 8 years my rent was only increased one time and extra $50. I went down to pay the balance of $50 for my last month. The property manager told me that she had no record of me ever paying first, last and security. That I needed to pay for the entire month in full. The property management company is not the original company I had rented from and they told me that their records only went back 5 years. I located my original lease that shows I paid first, last and security. Her response is now "how do we know that the previous owner did not refund your money back to you?" So, she is still saying I need to pay the month in full and its to bad I had already paid it when I moved in. I told her this isnt right and she told me that If I paid an extra months rent she would let me leave at the end of my lease and would not enforce the 60 day notice I failed to give. I asked her to put this in writing and she refused.I told her I wasnt paying them anymore money other than the $50 I owed to make up for the last months rent difference and would be leaving at the end of my lease. Today I received a letter on my door telling me I need to pay my rent plus a $50 late fee or I have 72 hours to vacate the premises.


My question is that I have paid everything I am required to. the new property manager says they do not have any record of me paying my last month and the previous owner not refunding me the money, or using it for another months rent at some point in the 8 years I have lived here. I have never missed a rent payment this entire time and been a model tenant up until now. We have exchanged letters so I have all of this as proof other than her saying she would forgo the 60 notice if I paid her an extra months rent. I have also asked her multiple times to give me the account information where they keep the security deposits because I am allowed by law to know this information. If I can get the account info then I can show that I have also indeed payed the security deposit. She refuses to give me any info other than telling me its in some bank an hour away. She wont give me the name or account info. I am sure I am missing some info to tell but this is most of it. What do you think?|||Find all reciepts and checks/money orders/ whatever you used to pay with..and go speak with a lawyer. Most lawyers wont charge you anything to meet with them, and for around $50 they will write a certified letter to the leasing company telling them that they are wrong and they have x amount of days to remedy the situation or legal action will be started.|||If your intention is to move out at the end of May, then just pay them what you feel you owe (sounds like you have accounted for everything) and move out at the end of may. I wouldn't worry about them taking legal action to collect one extra month of rent. The legal costs and time and hassle is more than your month of rent is worth. Plus, it sounds like even if she did try, her case sounds flimsy. Hang on to your lease, Move out by May 31, and don't worry about it. I'm a landlord, and honestly, I wouldn't bother for one months rent even if I felt I deserved it.

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