January 18, 2014 4:44 PM Subscribe
Here is the "Question"
This is a two part legal/renters rights & money question.
Part 1: My roommates are late on January's rent. We have just been served a Notice of Default. Caveat:
the information listed on the notice is inaccurate.
Part 2:How do we come up with a solid sum of money in short time?
posted by anonymous to Law & Government (7 answers total) 1 user marked this as a favorite
The notice of default says we have 5 days to pay the amount, in full, or else the lease is terminated. The problem is, the notice says that the unpaid rent is XXX amount, with a late fee of YYY amount. In reality, the unpaid rent is significantly less than the XXX on the notice, and also the late fee as outlined in the lease is marginally higher than the YYY listed.
So, in short, the notice says we owe ZZZ, when really we owe about $400 less than that. Yes, we have proof. Another problem: They served this to us today, saturday. We have 5 days and no one will be in the office until Monday to get this sorted out.
Does the inaccuracy of the amount owed have any bearing here? Not that we're not trying to pay, but can this buy us some time? Say, making a formal request that a notice with accurate information (and a new, future) due date be served to us?
If I do make this request, what should the tone be like? Forceful? Begging? What should I say?
(Just to give you some idea of a landlord we're dealing with, she evicts people frequently. We did not know this in the beginning. She has sent harassing text messages, blatantly saying she wanted to call social services (based on nothing) to redirect the conversation when it wasn't going her way. She was constantly texting me at work, I told her "I am at work, I do not have time to talk right now. Please stop texting me", and she responded "I'm surprised you think you have the right to talk to me like that. I'm your landlord, you don't have a choice. You have to listen to me, little girl." Also threatening eviction before rent is due. "If you don't pay rent on wednesday I'm going to evict you!" I know for a fact she took the previous tenants to court, among other ridiculous things. What may have happened is that she asked the same lawyer to serve a notice, and he just copy/pasted from last time, and didn't check the information.)
We need to come up with a relatively large sum of money in a short period of time. Temporary solutions (until tax returns come in) are acceptable. Payday loans are already in consideration. Any ideas on how to generate cash to pay for January's rent?
We've only got a few days to get this all sorted out, or we have even bigger problems.
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