Ok my fiancee and I moved into an apartment July of 2007. This is in the State of Iowa. When we looked at the apartment there were a few stains and holes/tears in the carpet. The manager said that they would replace it before we moved in. The day we moved in the carpet was not replaced and we had no where to go so we had to move in with this carpet. My fiancee knew the manager, she worked at his high school years before. So we moved in with a verbal agreement that this carpet would be replaced and they would give us notice and they would take care of moving our furniture and stuff to have the carpet replaced. When we filled out the forms stating if anything was damaged in the apartment when we moved in the manager begged us not to check the carpet because she was suppose to have had it done before we moved in. So us being naive we didn’t mark it down. Two months into the first year we lived there the dishwasher broke. We had the maintenance men in to fix it, they said that the motor went out on it and that they would have to check with the manager to fix the motor or to get us a new one. We hadn’t heard back again from them about our dishwasher. We started to call at least once a week leaving messages and everything about It getting fixed. Well a year went buy and My fiancee and I could not find a cheaper place to live and he had just lost his job so we were forced to stay there. With us renewing our lease we got 2 free “perks” we chose carpet cleaning because by this time the holes/tears had gotten a little bigger and of course we had contributed a few stains to the carpet. December of 2008 nothing had gotten fixed no calls being returned nothing of that nature. My car got robbed Sunday after Christmas on there property, I went to the police station and documented it. The cops told me that this was the six or seventh time someone has complained about this. They let me know they contacted the apartment complex to notify them of this problem. I also called and left several messages about this so that they might hand out a flier or something so maybe someone would come forward to these crimes. The following weekend after my car got robbed and me calling the office everyday, I started getting knocks every hour from midnight to about 5 in the morning, Friday night, and Saturday night. I called to complain and I also called the cops, the cops said they didn’t find anything suspicious and left. I told the people at the apartment that I was afraid for my safety and I did not feel comfortable living there any longer. After that the Apartment complex left a note on my door saying that I would be fined $100 dollars for my dog running around my apartment at all hours of the day and night and barking constantly, if I did not fix the situation within 48 hours. I never got fined I finally got a hold of someone and explained that my dog does not bark unless someone knocks on the door or something of that nature and explained the weekend where my door got knocked on multiple times. And I also asked about the dishwasher getting fixed and now the garbage disposal was having problems, I asked about our carpet and the ceiling fans, and they said that they had remodeled an apartment and those things that they got for us were used in the remodeled apartment so they would have to order the supplies again. I then got a note the following week saying that the maintenance men had tried to come into my apartment multiple times to fix the things that needed to be, but that they couldn’t get it. I never received a phone call from them, of this issue and they have a master key so I’m not sure why they were not able to make it in. So I called again for a week straight and finally after a week of calling I got the assistant. I told her I would take a day off of work so they could come in and fix the things that needed to be fixed. They never came in to fix those things. So finally my Fiancee and I moved out of the apartment because he got laid off again from his job and we wouldn’t be able to afford the apartment. I was told by multiple people to just get evicted because I knew I would have a problem with these people. And I should mention that this complex had changed manager 3 times in the 2 months I lived there. So my fiancee and I moved all of our stuff out of the apartment. We called about 3 weeks later to let them know our stuff was out of the apartment. We never signed a thing nor did we ever say we were breaking our lease. We told them that if they would fix the appliances and the carpet that we would finish our lease. Two months later we got a thing in the mail saying we owe the apartment $2015 and will need to continue to pay rent until the apartment is rerented. Is this legal for them to do? Won’t they need to take us to court to evict us before we pay anything? I guess I’m not sure what to do in this situation. Please HELP!
Author Archive: Travis Eller
Florida Tenant Law Question?
Renting an apartment. Have never missed rent prior to August. Have never had complaints, pick up after my dogs, get along with my neighbors….no issues. Paid more than half rent for August. Have heard this postpones eviction process for 30 days, or that they cannot evict if payment is completed before eviction process is court-sanctioned. Is this true?
Can only an attorney request a court for documents from a landlord such as utility bills/payments?
My rent at a Non-profit organization rooming house/homeless shelter includes all utilities. Back in September, the electrictiy was shut off. After nearly four days being off, one of the tenants decided to call the electric company who was unaware it was a communal living situation (14 women and children) they thought it was a single family home. When they found out there were infants in the home, they turned it on that night but informed us a payment hadn’t been made in over a year. Roughly a week later the gas was turned off, we had no heat, no stove, no hot water, no laundry. After 3 days, I called and spoke to the Mgr. (who also said unaware many people living there) the gas was turned on that evening and yes, I was told no pymt has been made since April 2009.
I was later evicted without due process. There are dozens of other infractions that some of the tenants are pursing (some are criminal).
Is it illegal for an attorney to contact me?
I have filed in small claims court against a company. Recently my landlord received a phone call from the company’s legal office, asking that I call them.
Am I right in thinking they are trying to bypass the law by getting me to call them? Any more info you can provied would be great.
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Guarantors Responsibility For Breaking Lease (Florida)?
My sister moved in to an apartment with her friend (in Orlando, Florida) and her friends father signed as the guarantor. My sister woke up the other morning to find her “friend” moving out because she decided she didn’t want to continue paying rent anymore, assuming she would be a few thousand in debt for the remaining lease and that’s the end of it.
My question is, with her friends father as the guarantor, does he then become responsible for the debt due to the broken lease once the eviction process goes through and fees are assessed?
(My sisters boyfriends mom works at a law office and wanted a copy of the guarantor paper so she could look it over but the apartment complex is refusing to release it because its private so I’m trying to help my sister figure out what going to happen to her when this whole process begins and what she should expect)
Any information, especially if you work in the field, would be greatly appreciated.
Landlord ignored court order. Changed Locks/Removed all my belongings!?
I was court ordered on Aug 19th, that I had to move by Aug 31rst. At that time the security deposit would be applied to my balance as applicable, and I would contact the landlords attorney to make payments on anything else that was owed if so. Since last week the 24th, the locks on my apartment were changed without any notice. I have been back and forth with the landlords attorney. They are aware that it is illegal for my landlord to change locks since I have court paperwork. I called my landlord and basically was just rude, wouldn’t discuss about the lock, and hung up on me. On Friday, I was told that I would get a call about a new key. I never recvd a call. I called again on the weekend but could only leave messages. Today Aug 30th, I got a hold of the landlord finally and found out that he already removed all of my items from the apartment! I got extemely emotional because a lot of my daugthers personal memorable items were there, and now its all gone. I plan to go to court and file against him. Is there anything I would need? I do have pictures of items, but not everything. I also don’t have receipts because most stuff was purchased on craigslist, or gifts, and any receipts i do have were there at the apartment. Please help! Any advice is appreciated!
Help!! How to Evict or get Someone Out of My House!!!?
Hi, Here’s my story. I live in Northern NY. I own my own home, and have been living with my boyfriend for a 1 1/2 year now. I have been asking him to move out pretty regularly for the last 6 months and I have about reached my wits end. Whenever I ask him to leave he tells me that it’s just as much his house as mine and that if he leaves he will take all my stuff with him, and there is nothing I can do about it but take him to court and by then he will have everything!! (I just recently bought all new furniture and a new plasma tv). He has a very bad temper, and throws fits when I ask him to leave. I called the police once and they told me Id have to evict him. I went to city court to get eviction forms but they said they didnt supply them. Mind you he has been unemployment for 5 months and barely give me any money to help with bill’s. Sit’s around all day doing nothing!!! What a prize I got!!! I would appreciate any help you can give me! I dont want him to take all my stuff!!! Thanks!
The house is mine, I bought it way before I met him, my name is on everything. I have reciepts for all my furniture and belongings, which I will get together tonight and put in my safe deposit box. Thanks, Everyone!!!
Landlord/Roommate Eviction?
I have a roommate who is also the landlord that after almost 9 months of living here with her, has asked me to move out on grounds on non-payment. This is of-course what she is stating, not me. When we first moved in here, the “Verbal” agreement between her (Landlord) and me, was that we were to pay $150 weekly ($600 Month) and we moved in on a Monday. I should note that I am married and my wife lives here with me also. At the time of us moving in here, I was working at a thrift store about 30 mins away, and making minimum rage. Since I was living paycheck to paycheck and couldn’t afford the car payments anymore I had 2 options. Keep the car, or give the car back to the finance company and have a roof over our head. I choose roof over my head. The problem was, now I have no way to get to work. So I lost my job. I started looking for jobs within walking distance with no success. I lost my job back in early September of last year, so I have been unemployed since. The way we have been paying our rent mostly was with my wife’s Pell Grant checks that she receives every quarter for attending full-time college. We also always found other ways to get our rent payed, either from borrowing money from family or me doing odd ball one-time jobs. One odd ball way for example, was when I sold my mother-in-laws car for $1700 and used most of it to pay rent in advance. Like an entire months, which was optional, because our lease agreement was to pay on a weekly bases. we really didn’t start to get behind until here of recent. Beginning of February to be exact. So for all those other months, it wasn’t a problem. And even though we have been late, it wasn’t for the full amount. We would give her partial amounts, like $110, of the $150, and then get the rest to her not even a week later. So its not like its ever been over a week late. My landlord also starting a couple of weeks ago, has made mention that she would now like to be payed bi-weekly instead of the agreement we had of weekly. Because of this new rule, she is now stating that we are behind in rent cause she has not received the next 2 weeks rent. I told her that our original agreement was for weekly. And that we both agreed on that. I also told her that I never agreed to the new bi-weekly payments. we never even talked or discussed it with each other at all. Another thing to mention, is that for the past couple of months, she has been wanting to get payed rent for the next week on a Sunday or Saturday, instead of the due date. That is Monday, thats she day we moved in and payed the first payment. I have told her numerous times that she is to get payed on the die date, Monday. Her excuse for wanting the rent 1-2 days early is “I need gas money for the next week”. To keep the peace, I really didn’t ague with it, but I have mentioned numerous times that she is to be payed on the due date and not early. I even gave her a week of rent early back during the week of Thanksgiving, cause she had her boyfriend visiting for a couple of weeks and they went down to Florida to vacation. She asked me if I minded to get the next weeks rent early so they would have money for that. Of course, to keep the peace I rent ahead and gave it to her. So its not like we have been bad, non-paying tenets. So since she is claiming we are past due, not even a couple of days, according to her. She has stated that she is going to start the eviction process. My argument is that I say we are payed till this Thursday. Cause we just gave her $150 last Saturday and another $150 on Wendsday. So $300 total in one week. But like I said, she is going by the new, ‘Non Agreed” lease that she sprung up. So, going by the original agreement we had, we are payed till Thursday, and not late yet. She has started to disconnect the cable and internet, which is included in the weekly rent we pay. I have not yet confronted her about this cause I fear it will just spark a fire, so I have taken pictures and documented it. One of the problems is that neither one of us have all the payment receipts. She was basically using a calender to keep up with the payments and that all. There have been multiple times that I have insisted on getting a signed receipt after I hand the rent over, but she never complied. So I do have receipts, just not all. I do have a record of the last 2 payments we gave to her. So I have no problem proving to her and a court that she has received payment for rent till this Wendsday. Her argument is otherwise. The thing that pisses me off is that she has turned off the cable and internet, which like I said, its apart of the rent we pay here. So since, according to me, has turned off those services, shouldn’t the rent be reduced say $100 for not being provided for services payed? If so, when we go to court I will argue it. There is ALOT of other stuff that needs to be mentioned, but I don’t have enough room here for it.
Can i sue my landlord for renting me an illegal apartment ?
The town notified her in 2008 not to rent the apartments by letter,courts, and her attorney.
Washington State Eviction Process?
So on Jan 21st I gave my tenants a 3 day notice to vacate or pay. They finally vacated on February 6th, they told me they would pay rent, however they took off leaving trash in the house, and only leaving me 1 key instead of 2, and no forwarding address like the said. So now I am forced to take them to court, even though they stated if I took them to court they would just file bankruptcy so no one got a dime.
Does anyone know the procedure? Or where I can download the forms?
Thanks
the court said something about filing a Notice of Default.