sw0699
Aug 18, 2006, 03:51 AM
Hello
I recently filed for a chapter 13. My current landlord attempted to take me to court for 1 month late rent (for month of July), however, the judgement was stopped due to the chapter 13. When I filed the BK they could not do anything to me for 30 days until after my BK was filed
My lease is up Oct 1 06, and the management company decided they were not going to renew my lease when it expired, and they have a right not too.
I made attempts to find out exactly how much I owed including all late fees for July and August, and if they would be willing to work with me and not evict if I paid whatever the amount was that they said I owed for the two months. I was willing to catch up on the late rent which is now for July and August.
I sent letters and stopped in to talk to property manager, however, I was always brushed off with, he'll be in tomorrow, he's at the other property, or he'll call you etc.. avoiding me for 2 weeks was odd, so I just assumed that they were not going to contact me until after the 30 days expire and was going to try to evict, catch me out on limb, and leave me with no place to go, so at that time I decided I better start making arrangements to move.
The very next day after the 30 days, that is when I received a response from management it said "we've already started the paperwork for the eviction at the Sheriffs Office, so if I were you I would start moving within a week or so, I would move instead of being put out or forced out. I would be glad to do a walk through with you when you leave and return the keys" And that after noon I received the eviction notice on my door, good thing I secured a new place.
My question is when I moved in I paid a total of 1714, of that 1050 is security deposit. Will they be able to keep my security deposit for unpaid rent or will I be entitled to that back assuming the apartment walk through turns out OK and no deduction are made as they decided not to continue to the lease and proceed with eviction not giving me a chance to pay and stay?
I recently filed for a chapter 13. My current landlord attempted to take me to court for 1 month late rent (for month of July), however, the judgement was stopped due to the chapter 13. When I filed the BK they could not do anything to me for 30 days until after my BK was filed
My lease is up Oct 1 06, and the management company decided they were not going to renew my lease when it expired, and they have a right not too.
I made attempts to find out exactly how much I owed including all late fees for July and August, and if they would be willing to work with me and not evict if I paid whatever the amount was that they said I owed for the two months. I was willing to catch up on the late rent which is now for July and August.
I sent letters and stopped in to talk to property manager, however, I was always brushed off with, he'll be in tomorrow, he's at the other property, or he'll call you etc.. avoiding me for 2 weeks was odd, so I just assumed that they were not going to contact me until after the 30 days expire and was going to try to evict, catch me out on limb, and leave me with no place to go, so at that time I decided I better start making arrangements to move.
The very next day after the 30 days, that is when I received a response from management it said "we've already started the paperwork for the eviction at the Sheriffs Office, so if I were you I would start moving within a week or so, I would move instead of being put out or forced out. I would be glad to do a walk through with you when you leave and return the keys" And that after noon I received the eviction notice on my door, good thing I secured a new place.
My question is when I moved in I paid a total of 1714, of that 1050 is security deposit. Will they be able to keep my security deposit for unpaid rent or will I be entitled to that back assuming the apartment walk through turns out OK and no deduction are made as they decided not to continue to the lease and proceed with eviction not giving me a chance to pay and stay?