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There is something just not right w/ our landlord. I am not sure if it has to do w/ him being foreign (Indian) and things are getting lost in translation or what is exactly happening. I even feel bad saying that him being from India is the cause because I am Spanish and I know how this sounds. Its just that we are unable to get through to him no matter how hard we try and his behaivor is extremely different to say the least. We are having MAJOR problems w/ this landlord, but we are not in a position to actually move out of this house. We just moved in on 08/08/07. We moved from GA to SC and this was a major move. My husband and I are caring for my mother who was diagnosed w/ breast cancer back in 2000. Her cancer has now returned and has spread to her lungs,liver and bones. She is considered terminal/incurable, but is going thru chemo treatment to prolong life. So now she has moved in w/ us and we also have a small child and I am now pregnant w/ our 2nd child. Continued….
We just got our son transferred into his new school and we have looked around this area in case we do have to move to find another home large enough to accomodate all of us w/i this same school district. The problem is nothing is available for rent that is large enough w/i our budget.
Considering the fact that we signed a lease which allows us to stay here at least throughout next August and we haven’t broken the lease.. we feel we should not be forced to move out.
This is what is happening…On Dec 3 07 we rec’d a “Notice To Show Cause” on our door. The reason stated “non payment of rent”. We had not received any advance notice that the LL believed he hadn’t received rent. All rent was paid up-to-date except for Dec rent which is not even due until the 5th and is late after the 10th. We were really confused so we questioned him about it and he first said we had not paid ANY rent since we moved in! This was a lie. The LL requires we deposit rent into his bank acct ourself. Cont…
He refuses to allow us to pay in any other way than that, so that is how we have paid him since Sept. In August we paid him in cash $2200 which includes our deposit.
Finally, he agreed that we had paid some of the rent, but that we only paid a partial amount in Sept and never paid Nov rent at all. This wasn’t exactly true at all. The LL had forgotten to pro-rate rent owed when we 1st moved in. We paid the entire $1100 even though we moved in the evening of the 8th of Aug. We wanted to move in on the 1st, but he did not have the house ready yet and did not move out until late in the afternoon on the 8th. So we deducted that overpayment from Sept rent. We had notified him of this in advance and it wasn’t an issue at the time. We did pay all of November rent and had copies of the money orders made out to him as proof of payment. We asked if we could fax those to him, he lives in AL but he would not provide us w/ a fax number and did not want to hear it.
Continued…Sorry so long!
We feel he is doing this because in August right when we moved in the AC wasn’t working, but he would not fix it and we had to. Then he would not pay for it. So then in Oct we learned the heat did not work either, but he completely REFUSED to repair it and refused to allow us to repair or and deduct from rent and said we were unauthorized to even have it repaired at our own expense! He left us w/o any options so we informed him that as of 12/01 we would not pay the rent until he had the heat repaired. All other rent had been paid up until that point. So we had to go to court on Jan 3 at 9am. That day we had the worse luck because at 8 am we had to rush my mother to the ER because she could not breathe. We had to drop her off so we could get to court, but arrived at 9:12 am. The LL was just leaving the ct room because we happened to be the 1st case of the morning! The judge did allow me to talk w/ him and after I began explaining he let me basically present my case to him. CONT
The judge said that the LL had not been truthful to him, but since we were late he had already ruled against us. However, the judge said if you pay the amount he said was due then you will not be forced to move. So we tried to contact the LL, but he would not speak to us. We then tried to set up payment w/ his attorney but he would not return our calls. So we paid in the same manner we always did before, depositing into account. This was done before the deadline the judge gave us. Well, today the LL was still outside with the cops to move our stuff out on the street!! He did not care what the judge said he said he was not accepting the rent anyway. We called the court house and the constable came out and was going to evict us right away until he talked to the judge. The judge has given us a completely new court date and said he was going to do the entire case all over again.Now, the LL is saying we owe $5,648.00 and is serving new paperwork to us. I dont know what is going on!!
Yes, I am really sorry this story is so long. I am sure that I could have been more brief. I think since we were almost thrown on the street today I am emotional. Maybe because I am pregnant and scared that when we go to court next week we could get evicted and thrown out in 3 days!
This LL is trying to evict us saying we did not pay rent that we positively paid. Then when we just paid additional rent which is now due he gave it back to us and will not accept it! Even though the judge said we could pay it and he would have to accept it the LL is refusing too. LL refuses to fix anything and left us w/o heat for over 2 months and left us w/o AC for a month in Aug/Sept. Our doors and garage will not lock. He comes into the home at all hrs of the night w/o notice or permission. Now he is saying we can’t go in the basement! I want to know if its possible for us to countersue him? We know we need to just move and buy a house, but we need about 30 days, three days is not enough time. Thanks!

4 Responses to “Landlord Evicting Us & We Need Help Before Next Court Date On 01/15/08 …PLEASE HELP..He Has An Attorney!!?”