Help!

[Anonymous]

We are moving and ran into a little financial difficulty (car problems on a new car, etc.).  I knew we were going to be short for the last month of rent on our apartment, so I went to the landlord and made a partial payment.  I explained that we would be paying the rest before the end of the month.  Well, they filed charges with the magistrate. 

The court date is set for 6/27 at 8am.  The problem is that I won't have the money to pay the remaining balance until 6/27.  Normally if you pay before the court date the charges are dropped.  I cannot pay until the day of the hearing.  I know now that my "soon to be former" is unwilling to work with me.  What do I do to make sure this doesn't show up on my credit report?

[Anonymous]

Chances are they've hired a lawyer. You should find out who that is, and contact the lawyer about paying off. This is a case that will mean beans to them and they should talk their client into making it go away the easiest way possible. They have much bigger fish to fry in their practice.

When I went to court with a former landlord, his lawyers told me in the parking lot afterwards that they would have settled for much less outside of court had we only contacted them. And then I wouldn't have a judgement on my record. Wish I would have known that then.

[Cleanmachine]

I am a little confused about your situation.

I have never heard of a case going to court for back payments that have been late less than 30 days.

However, there are a couple of ways you could use to clear up this mess.

If you pay by check, make your payment on Thursday June 26th. after 2:00 PM. Obtain a receipt of the payment.  Your check will not be processed by the Bank until the 27th. When you go to Court, try and seek out the Attorney that is representing your landlord and provide them with a copy of your paid receipt.

If you are unable to locate or the Attorney does not want to discuss the matter prior to the case being called, you can provide the Judge a copy of the receipt and explain the arrangements that you had with the landlord and request the case be dismissed.

Always, always, obtain a written agreement if you can not make payments on an original agreement or contract. Without a written agreement for payment of less than what is required you are in default and have no legal standing.

Best of luck.

[Anonymous]

This is part of the reason why we are moving. The landlord is very difficult. We have had a hole in our ceiling from water damage (because they never cleaned out the gutters) for over a year, they won't fix it. But when I am having problems paying the rent and try to do the right thing by communicating with them, they automatically file with the magistrate. Rent was due on the 1st, I paid about $300 then. With late fees the rest due is about $516 (would have been $350 without late fees). On top of that, I now have to pay over $200 in legal fees. They filed with the court on the 18th. It has NOT been a whole month. In fact, its been only 2 1/2 wks. They will not let me write a check. In my lease agreement, anything paid after the 15th must be credit card or cash. Since we don't have that kind of balance available on credit, we must pay cash.

[Anonymous]

MOOBS!

I am assuming with those fabulous scores you still don't have that judgement on your CR's still..do you??

[Anonymous]

What state are you in???

I don't know if your situation would qualify, but a HOLE in the ceiling is, in many states, considered an "intolerable" condition and could disqualify your landlord from charging rent. Some states will revoke his licensing for that which means: no license to rent = you pay no rent (since he can't legally collect).

Unfortunately, you can't (by law) just stop paying rent if that IS the case. You would have had to complain with your local __________(insert responsible agency here -- don't know since I don't know your state).

That may not help you NOW, but it could be bartering material to get the goober to call off the dogs on you. Sort of a "I won't tell if you won't tell" sort of thing.

[Cleanmachine]

Wow, you are in a tight spot. Having to pay $200.00 in Legal fees, plus what appears to be 25 % late fees. I do not blame you from moving out of there.

Does your lease agreement spell out the late fees and legal fees and the time period before civil action is taken????

With all due respect, something does not pass the smell test here.

Maybe you should contact your local Legal Aid in your community to see if you have any legal standing based on your descriptions of events. I have problems digesting the civil action for being just being a little over two weeks late.

The worst that can happen is that they say you have no standing or they can try to obtain some type of settlement for a refund. Some license authority granted an occupancy permit to the landlord to rent out the property. Seems to me with a hole in the ceiling from water damage, this place may not pass the license test for occupancy.

[Anonymous]

I have Eap through my work which allows legal consultations. I think I may contact them over work. I live in PA and found no information about whether a hole in the ceiling is considered unlivable. Really it's more of an eye-sore than anything else. I do get upset though that we were paying the same amount of rent as everyone else and had this gaping hole in the ceiling.

[Cleanmachine]

I am more concerned about the late and legal fees associated with a 2-week delay in making payments.

I would highly recommend that you discuss all the issues you have faced with this landlord with your employer legal consultations.

Maybe just a letter from them for reimbursement may do the trick.

Message Edited by Cleanmachine on 06-19-2008 05:32 PM

[Anonymous]

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@Anonymous wrote:
I have Eap through my work which allows legal consultations. I think I may contact them over work. I live in PA and found no information about whether a hole in the ceiling is considered unlivable. Really it's more of an eye-sore than anything else. I do get upset though that we were paying the same amount of rent as everyone else and had this gaping hole in the ceiling.

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Yes, by all means speak to an attorney!!

I have found a few references to new laws in PA that allow a tenant to deduct rent if repairs aren't made in a timely manner ... it's called "implied warranty of habitability" ... it would not allow you to go without paying rent entirely, but will allow you the defense (in court) as re the domicile is not "worth the current rent" because of the lack of repairs.

So what you NEED to do is contact the local City Bureau of Codes Enforcement and request a housing code inspection ... that will give you documentation stating that the domicile is indeed in need of repairs. Be prepared to give them a rough timeline of how long the repairs have been needed and how long you've been put off.

If you've asked the LL in writing to make the repairs, and kept copies of the correspondence (and you should ALWAYS make repair requests in writing AND keep copies, you know!!), so VERY much the better. Take it to court with you.

I'll go find the particular cites for the new laws ... back soon!!