CLOSEIFY MESo after getting home from work late, I find an eviction notice on my door

BlochWave

CONCLUSION: They posted the check to the wrong apartment. My fault really, I gave the check to a new girl, and it had never occurred to me my checks have my old address on them (I moved to a different unit within the complex a while ago)and that the other people just knew offhand where I lived. Well she didn't, saw the address, and posted the check to said address



For...unpaid rent?

The notice is dated September 4th, I dropped my check off September 2nd (technically one day late but my lease does state they don't charge late fees until after the third) I wasn't sure how much to make the check out for so the person in the office looked up my apartment on the computer, and I would think she would've mentioned "oh hey btw we're kicking your ass out even if you pay right now like you are")

I just checked my online bank stuff and there's my August rent, all nice and paid (as well as July, both checks are photocopied on my online thing). I'm being specifically charged for the rent&water, and the late fees, and am told to vacate the hell out of there by the 8th if I don't pay.

Obviously I will go down there INCENSED as balls tomorrow. Is there something I could be forgetting, or was this a bona fide screw up on their part? I guess in theory they could've lost my check? In theory if they pulled that shit I guess I could be hosed?

This place is pretty ok, especially for the price, but I've been having problems with the office staff screwing stuff up, they're nice as can be and my money's on them fixing this up politely, but one way or the other my ass is outta here, either when they kick me out or as soon as my lease is up

RUNN1NGMAN

That's a little weird. Usually step one isn't to issue a notice of eviction, it's to, you know, ask you to pay you freaking rent.

fuelish

I would bet they have put the notice on the wrong door. Depends on the state, but usually evicting someone requires more than a note on the door anyway.

BlochWave

Well it's a "notice to vacate" (same thing?) and its allowable delivery methods are listed at the bottom, the checked one is "posted inside the dwelling on the main door"

It's got my name and apartment number filled in by hand too

There's another page saying a 24 hour lock out will be enforced on 9-5-08

That doesn't sound good, and I'm assuming means I need to get this squared away on the soon?

TL DR

On the soon, indeed. Probably want to bring a copy of your bank statement and/or cashed check down to their office. Where do you live? Most places require 30 days notice.

Folken Fanel

BlochWave wrote: »

That doesn't sound good, and I'm assuming means I need to get this squared away on the soon?

You better believe you do. If I were you I'd be waiting at the office door first thing in the morning.

BlochWave

Well they open and 9 and I have a super important work meeting at 9:30, and not getting evicted isn't going to be a great victory if I get fired shortly thereafter

but I'll finish that and haul balls home, kick down the door, shoot fire out my mouth, etc.

To clarify, btw, I paid June and July's rent, but they're dated the first of the month, which is the month I referred to in the first post

So I was paying August's rent on September 2nd. Still, a 5 day notice one day after the actual late date is a little rough, don'tcha think? That's assuming they lost it

EDIT

Wait I may have that backwards. The rent is due on the first, so I guess it was actually September's rent. Whichever

Rhaven

That's crazy...they don't start charging late fees until the 3rd of the month but then they turn around and start handing out eviction notices the very next day? And you have to be out of there by the 8th but you're locked out after the 5th? That doesn't even make sense.

Yeah, I'd be waiting at the door when they open too, unless there's a 24-hour office number you can call or something.

Just read your last post...maybe try to call them before the meeting starts?

Hevach

Rhaven wrote: »

That's crazy...they don't start charging late fees until the 3rd of the month but then they turn around and start handing out eviction notices the very next day? And you have to be out of there by the 8th but you're locked out after the 5th? That doesn't even make sense.

Yeah, I'd be waiting at the door when they open too, unless there's a 24-hour office number you can call or something.

I'd be waiting at the door with a lawyer. I know there's no legal process in my state at least that can get a non-payer out that fast.

Folken Fanel

BlochWave wrote: »

So I was paying August's rent on September 2nd. Still, a 5 day notice one day after the actual late date is a little rough, don'tcha think? That's assuming they lost it

Wait, what? Most places make you pay the rent for the month before/at the start. For example... September rent for my apt is due Sept 3rd by midnight.

So if you paid August's rent in September.... (I don't know the specifics of your lease) but no wonder you're fucked.

Unearthly Stew

So wait, you pay for the month after you've lived there? You might want to double check your lease, most places will make you pay the month in advance.

BlochWave

Well something's obviously screwy here

I once got a "please pay your rent it's late" notice from them, which was in fact a mistake

So we know

A)They make mistakes
and
B)They do issue intermediary notices before dropping the hammer


ADDITION:

Note that a 5 day notice isn't an eviction

http://www.mirrorofjustice.com/Landlord-and-Tenants/49343.htm

I've got 5 days to leave or pay, then they evict me

I believe the lock out is to force me to go by the office

Rhaven

Assuming this is all a misunderstanding and will get worked out as soon as you talk to them about it, looking for a new place to live once your lease is up might not be a bad idea. Living with the threat of being mistakenly evicted every month is not really cool.

Folken Fanel

This is the time when you pull out a copy of the lease you signed and figure out when shit is due and when exactly the office has the right to evict you.

Wootloops

They technically need to get the marshal to come evict you, til that happens you can squat there and they pretty much can't do shit. That is to say, the legal process in getting you out is a long and lengthy one. Atleast, here in CT and NY I believe.

Get this squared away, and fast. A notice to vacate is nothing to be taken likely, I'd suggest talking to a lawyer or atleast looking up your tenant laws in whatever state you're in if you feel like you're being screwed.

Daenris

You need to have everything documented about what you have paid, because here you seem a bit confused about it. Check you bank online to get as many past rent payments as you can and print them out. Do NOT go into the management office yelling and bitching. Just go in and ask them about it and figure out when they think you missed rent and start working it out from there.

RUNN1NGMAN

Every lease I've had has said that rent is late after the first, but late fees aren't charged until after the 5th. So there's a weird limbo period where you are technically late with the rent but they are being nice and giving a grace period. I think they do that because it's easier that way to play hardball if someone is habitually late if it's written into the lease that they are considered late after the 1st. So maybe you've pissed someone off? Or they are mistaken about something?

DVG

Also, do your research on the eviction process. It actually takes a pretty long time to evict someone, and they can't just kick you out without a court order.

BlochWave

Yes yes, as I realized it was a notice to vacate, which IS different from an eviction

From the lease (the notice is dated and was received on September 4th)

..otherwise you must pay your rent on or before the first day of each month with no grace period. Cash is unacceptable.....If you don't pay all rent on or before the THIRD day of the month and we haven't given notice to vacate before that date, you'll pay an initial late charge of $75.00

As mentioned, I gave the check on September 2nd. I didn't think much of it because yes I'm an idiot, but I didn't get a receipt or any such thing proving it, in case they did lose it. I've lived here for about a year and a half, and it was the same girl I always give the check to and I think she'll remember, so I don't think they're going to out and out screw me, but if they do I guess I'm out another month's rent + 75? They just built some new apartments down the road. Mmmmmm new apartments. Lease is up in February

But honestly, hopefully really, I bet they didn't even lose the check. The time I got the mistaken late notice it was just outright wrong. They don't exactly rock at their computer book keeping, though usually the result isn't this alarming

DVG

BlochWave wrote: »

Yes yes, as I realized it was a notice to vacate, which IS different from an eviction

From the lease (the notice is dated and was received on September 4th)

..otherwise you must pay your rent on or before the first day of each month with no grace period. Cash is unacceptable.....If you don't pay all rent on or before the THIRD day of the month and we haven't given notice to vacate before that date, you'll pay an initial late charge of $75.00

As mentioned, I gave the check on September 2nd. I didn't think much of it because yes I'm an idiot, but I didn't get a receipt or any such thing proving it, in case they did lose it. I've lived here for about a year and a half, and it was the same girl I always give the check to and I think she'll remember, so I don't think they're going to out and out screw me, but if they do I guess I'm out another month's rent + 75? They just built some new apartments down the road. Mmmmmm new apartments. Lease is up in February

But honestly, hopefully really, I bet they didn't even lose the check. The time I got the mistaken late notice it was just outright wrong. They don't exactly rock at their computer book keeping, though usually the result isn't this alarming

No, you have proof via your bank (which should be able to produce a check image) that they cashed your check. It's their fault if they lost it. You may be out the $75, but not an extra month's rent.

Nerissa

DVG wrote: »

BlochWave wrote: »

Yes yes, as I realized it was a notice to vacate, which IS different from an eviction

From the lease (the notice is dated and was received on September 4th)

..otherwise you must pay your rent on or before the first day of each month with no grace period. Cash is unacceptable.....If you don't pay all rent on or before the THIRD day of the month and we haven't given notice to vacate before that date, you'll pay an initial late charge of $75.00

As mentioned, I gave the check on September 2nd. I didn't think much of it because yes I'm an idiot, but I didn't get a receipt or any such thing proving it, in case they did lose it. I've lived here for about a year and a half, and it was the same girl I always give the check to and I think she'll remember, so I don't think they're going to out and out screw me, but if they do I guess I'm out another month's rent + 75? They just built some new apartments down the road. Mmmmmm new apartments. Lease is up in February

But honestly, hopefully really, I bet they didn't even lose the check. The time I got the mistaken late notice it was just outright wrong. They don't exactly rock at their computer book keeping, though usually the result isn't this alarming

No, you have proof via your bank (which should be able to produce a check image) that they cashed your check. It's their fault if they lost it. You may be out the $75, but not an extra month's rent.

Well, it's possible that the lost it before cashing it, in which case there would be no proof. (edit: but you still wouldn't be out an extra month's rent, because if they never cashed it, you can give them a new one with the understanding that they don't cash the old one if they find it)

Go in with an attitude of "hey, guys, I think maybe there's a mistake here, let's get this figured out" and give them a chance to get things fixed before you go ballistic on them. If it's an honest mistake, you won't be making any friends by getting belligerent, and at the very least, you do need to deal with these people until your lease is up.

But yeah, I'd be starting to look for a new place to move once the lease is up.

Daedalus

Nerissa wrote: »

but you still wouldn't be out an extra month's rent, because if they never cashed it, you can give them a new one with the understanding that they don't cash the old one if they find it

Correction: you give them a new one and contact your bank and get a stop payment placed on the old check, because your landlord is clearly a sleaseball.

Thanatos

Nerissa wrote: »

Well, it's possible that the lost it before cashing it, in which case there would be no proof. (edit: but you still wouldn't be out an extra month's rent, because if they never cashed it, you can give them a new one with the understanding that they don't cash the old one if they find it)

Go in with an attitude of "hey, guys, I think maybe there's a mistake here, let's get this figured out" and give them a chance to get things fixed before you go ballistic on them. If it's an honest mistake, you won't be making any friends by getting belligerent, and at the very least, you do need to deal with these people until your lease is up.

This. If it ends up being more of a problem than this, start asking for copies of the check after you hand it to them, signed by the person you hand it to.

Dman

Yeah, there is no reason why you would loose cash on this. If they lost the old check just give them a new check. Even if they cash both (which you can prevent via phoning your bank to cancel one) you will have a bank record of them taking your money twice and could sort it out from there. They may have printed off nasty sounding notices for everyone who was a day late and handed out one to you (days later) without realizing they had received a check from you since they wrote it.

Management screws up, but they can't evict you or take more then they are owed and get away with it. The law is on your side so just go in determined but polite and help them correct their error. If they can't or won't fix it there are lots of steps you can take. Tearing them a new one will not help your situation. I wouldn't bother reading up on rent law before talking to them, but maybe read over your lease.

BitTWist

I always asked for a receipt when living in an apartment. You wont believe how many times they would just loose (misplace) the rent check. If they dont have an offical receipt policy, make your own and have them sign them. If they still refuse, contact the manager/owner of the apartments.

illig

i just pay my rent with online banking.... my bank sends a check (doesn't even charge me for the stamp) and keeps a record of it, so if there's ever any issue i just print out the page and fax it to them

funny enough, they recently tried me to pay rent from Sept '07... i sent them a printout of the cashed check and a pleasant "fuck off" note

MuddBudd

I wanna know what happened.

LaPuzza

I had this happen once - they had lost my check. Once I told my landlord about it, they took a new check for less than my rent, to offset the stop payment order on the check. I'm glad I talked to them, because everything was all good again.

Until they deposited the lost check 6 months later, then got it returned, then tried to evict me for bouncing a check on money I didn't owe them. That was a fun call.

SlickShughes

LaPuzza wrote: »

I had this happen once - they had lost my check. Once I told my landlord about it, they took a new check for less than my rent, to offset the stop payment order on the check. I'm glad I talked to them, because everything was all good again.

Until they deposited the lost check 6 months later, then got it returned, then tried to evict me for bouncing a check on money I didn't owe them. That was a fun call.

So I guess you never put in the stop payment order on the first check that they credited you for?

Nova_C

SlickShughes wrote: »

LaPuzza wrote: »

I had this happen once - they had lost my check. Once I told my landlord about it, they took a new check for less than my rent, to offset the stop payment order on the check. I'm glad I talked to them, because everything was all good again.

Until they deposited the lost check 6 months later, then got it returned, then tried to evict me for bouncing a check on money I didn't owe them. That was a fun call.

So I guess you never put in the stop payment order on the first check that they credited you for?

I'm guessing he did and the cheque didn't actually bounce, but was refused.

Unearthly Stew

So I'm curious as to what happened here.