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Eviction from withholding rent.

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Anonymous
Not applicable

Re: Eviction from withholding rent.

Your post says you were evicted, which means the management went through the legal process of evicting you. At any time during that process did you notify the court that you had the rent $ available, but were withholding it due to unlivable conditions? Did you have a written lease? I'm assuming you did if there was a management company involved. What does it say about disputes/and or maintenance?  A landlord/agency cannot evict you without a court order, that notice would have advised you of your rights and allowed you an opportunity to file a counter motion with the court, due to the unlivable conditions of your apartment.  

 

If you were indeed withholding rent, it should have been put into an escrow account (simply going to a bank with the money and opening an account would suffice) then a letter sent, certified mail, to the management company notifying them of your actions. It sounds like maybe the whole story is a little skewed by now, but your best move going forward is settling the debt (since you say you had the money anyways) and negotiating a pay for delete. 

Message 11 of 18
camera_jen
New Contributor

Re: Eviction from withholding rent.


@Anonymous wrote:
I didn't have any bank account at that time. I would always pay with money order. But I did show the front office the money order and told her that I would hand it over when we had a livable unit. (Even motels have a fridge).

All the front office personnel looked like they were addicted to drugs and were so rude. Some reviews on yelp even went as far as to call them slum lords (which, in retrospect, is what they were).

The only reason I need this off, is because they recently started reporting again. Their last report before this month was in March of 2010! I would have just let it fall off if they hadn't started updating.

The problem with having a money order but not giving it to them is that it isn't proper legal procedure.  A lease is a legal document.  An eviction must go through the court.  If you had money in escrow, all you'd have to do is show up to court with the escrow account number and say it is there but your are withholding it for such and such reasons.  That would have stopped the eviction.  Because that wasn't the procedure you followed, you were legally evicted, still owe money, and it is not against FTC to be reporting on your credit report.  I wish more people understood the proper channels for withholding rent because these stories are VERY common.  You may be able to get somewhere with complaints about the condition of the apartment, but it is going to be tricky.  If you need it off NOW, you may have to pay it off so it's at least paid.  If not, you may just wait for it to age off.

Message 12 of 18
Anonymous
Not applicable

Re: Eviction from withholding rent.

I wish I knew the proper procedure too. I had a notice to vacate so we vacated. I took that money order and gave it to my mother-in-law as rent and we stayed with her for two years. I never received any court documents or anything else from the management or complex.

I feel like I was completely taken advantage of by the front office and I didn't know they were managed by American property management or I would have contacted them. My lease only stated "Woodmark Apartments". This will end up falling off my reports in 2016 I just hoped I could get someone to delete it early.
Message 13 of 18
Anonymous
Not applicable

Re: Eviction from withholding rent.

Each state may have their own rules, but in California where I was an apartment manager, the procedure was this:

 

First they give a three day notice the "pay rent or quit"

If the rent is not paid after the three days, then the management can serve them with a thirty day notice of eviction.

If the management expects the tenant may not leave "willingly" by the end of the thirty days, they may concurrently file the thirty day eviction notice with the local court. The tenant now has the option to go to court and fight the eviction, and present any evidence in their favor. If the court rules in favor of the management, at the end of the thirty day notice the sheriff serves a five day eviction notice and at the end of that five day notice the sheriff physically removes the tenant and their belongings from the rental.

 

In California if minor children are living in the rental, courts will usually enact a stay for as long as six months to allow the family to find new housing.

 

Sometimes, instead of using the court system, the landlord may try to use illegal tactics to attempt to drive a tenant out, such as turning off water or interupting other utilities. They risk heavy fines for doing such things.

 

In California you may also legally withhold rent and use it to make needed repairs up to twice a year if the landlord does not respond to written requests for repairs. You cannot withhold more than the actual cost of the repairs, and you must notifiy the landlord in writing what you are doing.

Message 14 of 18
Anonymous
Not applicable

Re: Eviction from withholding rent.

Thanks for that information.

I'm certain we left after the 3 day pay or quit. We had already been staying at my mother-in-law's because of the fridge so we just put our stuff in storage and left.

Only noticed that they were on my collections recently.
Message 15 of 18
Anonymous
Not applicable

Re: Eviction from withholding rent.

I am in California and the management company is in Washington.
Message 16 of 18
camera_jen
New Contributor

Re: Eviction from withholding rent.


@Anonymous wrote:
I wish I knew the proper procedure too. I had a notice to vacate so we vacated. I took that money order and gave it to my mother-in-law as rent and we stayed with her for two years. I never received any court documents or anything else from the management or complex.

I feel like I was completely taken advantage of by the front office and I didn't know they were managed by American property management or I would have contacted them. My lease only stated "Woodmark Apartments". This will end up falling off my reports in 2016 I just hoped I could get someone to delete it early.

When my apartment complex was sold, I had no idea who the management company was either.  In my state, you are allowed to self manage if someone on staff has the proper license, it's just easier to go through a big company because they get volume discounts on building materials and services.  Once you fire a management company, you have so many days to find a new one and the process can take some time.  Each state is different though.  It's a pain for residents because you  not only have no idea who to complain to but also because repairs and maintenance can be very slow.  

 

You might be able to try getting it removed early by a few months.  Also, you will want to check with a bureau called SafeRent if you are going to rent again.  Although the CRAs will report collections to your account, SafeRent is like its own CRA just for tenants.  Potential landlords can see any late rent payments, evictions, etc.  It can help or hurt you.  I've always had good luck renting because although I don't have good credit I have never once missed a rent payment.

Message 17 of 18
Anonymous
Not applicable

Re: Eviction from withholding rent.

This would be the only eviction I've had. But I'm interested in buying around 2017 anyway. The landlord I have now required double deposit when we moved in 3 years ago.
Message 18 of 18
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