On October 28 my boyfriend and I moved into the top half of a house (a duplex) It was a family of four’s personal home-2 parents-2 adult children. The parents were not to be living in the house any longer. The daughters would be residing in the bottom half of the house that is kept completely separate from the top and me and my boyfriend were to live in the top story-which consisted of 2 bedrooms (one for us one for another future tenant) and a kitchen/living room area and bathroom to be shared with whoever the other tenants would be.)We signed a one year lease agreeing to pay them $425 a month that included everything. To help us not to have to dish out so much money, they agreed that we could pay the security deposit ($400 total) in increments over the next 4 months-thus paying them $525 for 4 months and then $425 the remaining 8. (you guys still following?)So we paid the $525 and moved in.
1 week later, the downstairs tenants came up to complain to us that the living room area wasn’t clean enough for them…unbeknown to us they had come up a few times while we were at work. We said that we would keep it cleaner and that was that.3 weeks into it they all pull my boyfriend into a room and tell him that maybe we should consider moving into an apartment because the kitchen is not clean enough still.They gang up on him when I’m at work.No other person lives up there yet but us. They said that they had been showing off the other room but they give us absolutely NO warning when they are. We can just get done having an intimate moment to walk out the room and find them all in the living room just there giving a tour.My boyfriend told them that we would work on the cleanliness and asked if they could please give us some type of warning that they were coming up so we would be prepared and straighten up.
(Also-they pick that AT MOST WORST times to pop up. My boyfriend gets off work at 1 am (which they were aware of) and I cook dinner for him and by 3am we soak the dishes for in the morning-but of course they pop in at like 7am when we’re still asleep and complain.)
And their complaints are so effin retarded: take your shampoo out of the shower when you leave. Don’t leave open food in the fridge. Don’t leave your xbox in the living room. Don’t leave your flatiron on the bathroom counter. NONE OF THIS WAS IN THE LEASE THAT SAID WE HAD TO MAKE IT LOOK LIKE WE NEVER LIVED THERE.
They also complain that we are noisy-mind you our bedroom is located ABOVE the living room and our living room is located ABOVE their bedrooms. They hear our every step and every time we cut the TV off, drop anything, or cut the radio on. We hear them talking all the time through the vent, but we don’t say anything. They suggested that we could stay for 4 more months-get our security deposit back and then move out. Rent is due on the 1st. In the lease that we signed we agreed that it was due on the first every month and that there was a $25 late fee for everyday after that. WE DON’T HAVE A COPY OF THE LEASE. It’s something that they typed up. I get paid on the 3rd. My boyfriend gave them $150 on the 26th and told them that on the 3rd I would have the rest of the money and the extra $50 for the late free.They called last night to complain about noise (which yes, we were playing guitar hero-sue us) but we cut it off immediately and apologized. So today I get a phone call in the middle of my job saying “Hey I just served you guys papers you have to get out in 30 days because you’re too nasty and loud.” They ONCE AGAIN waited till I wasn’t home ganged up on my boyfriend and attacked him. And why would you call someone in the middle of their job to evict them?
The eviction form-which they typed up says:
1-The noise is too much for the people living downstairs
2-The rental agreement states that the rent is due on the first for the full amount not partial payment.
My questions are-
a) Did they have legal rights to keep coming up into the area we live in without notifying us first?
b) Can we be evicted for not paying when the lease CLEARLY states a late fee? AND-the rent isn’t due yet…so how could we have failed to pay it?
c) We didn’t get a reciept for that $150 we paid them this week-do we get that back? Do we get that first $100 back?
d) What happens to that year lease that we signed?
e) Do you see anything else wrong with the situation-please let me know.
They claim that the living room was a common area-but the parents don’t even LIVE there-they just like to pop up and check on it. It would’ve been a common area-but NO ONE BUT US lived upstairs.
I think what’s really happening is that the daughters have friends who wanna move in so they just complain about us to the parents who don’t live there. It seems really unfair.I don’t wanna “fight it in court” but I’m not gonna have somebody wrongfully cheat me out of money or pu
We paid the rent on time November 1st.
The rent is due now for December 1st-
We haven’t had a chance to even pay it yet and they’re saying we haven’t-its November 29th…
A-we got EVICTED-we were already served papers…so why would we keep paying them?
B-the papers clearly say WE DON’T ACCEPT PARTIAL PAYMENT. We gave them $150 already-a PARTIAL PAYMENT. That they gladly accepted and put into their pockets-that’s why I asked if we should get that back.
C-Can we stop trying to sound like a-holes and just answer the questions?