Ask Me Help Desk - Renting the house

We moved in on June of 2010. Our rent was 800.00 on sept 2010 the owner came and stated that the house was going to be forclosed. When she told us that she told us to keep our rent and stay and save our money so when they come to kick us out we would have money to move she left the country for 2 months and has returned upon her return she calls and stated that she wants 500.00 within 2 days. We discused with her the 2 and day was on a Sunday she showed up to the house demanding 500.00 we told her that the bank don't put our funds in until Tuesday. Tuesday morning the constable put a not on our door stating that we had to pay 4000.00 by the 12/3/2010. Can she do this

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Originally Posted by sundaeperez

Tuesday morning the constable put a not on our door stating that we had to pay 4000.00 by the 12/3/2010. can she do this

Hello s:

Maybe. Do you have what she told you about NOT paying rent in writing?? Can you prove your case other ways? I'm not sure you can't.

Depending on where you are, the note the constable put on your door is probably notice of a lawsuit. Tell the judge what you told us, and you might win.

excon

What I suspect may have happened is while she was away something occurred that would have helped her avoid foreclosure, but she needed the rent you stopped paying to do this.

And you messed up unless you have concrete proof that she told you to stop paying rent. Even if you had a written agreement, you still should have deposited your rent in a separate account just in case she decided she wanted the rent.

By the way, ANY question on law needs to include your general locale as laws vary by area. Generally, the eviction process goes like this:
1) Landlord issues a pay or quit notice IN WRITING to pay up within 3-10 days
2) If tenant does not pay, LL goes to court and files for an eviction
3) court schedules a hearing
4) at the hearing an eviction order will or will not be granted giving tenant a deadline to vacate
5) Sheriff comes to physically remove tenant after that deadline passes.

This means that she certainly CAN do what she has done. I agree with excon that the notice posted is probably either the pay or quit notice or notice of a hearing. So you go to the hearing, present your proof that she told you to stop paying rent and hope for the best.

This is something most everyone has to learn the hard way - you absolutely have to have everything in writing when it comes to renting a property. It's going to be a he-said, she-said battle in court and the only documentation available is the rental agreement, which states how much rent is due and when. The fact that you didn't pay, regardless of what the landlord said, puts you in the wrong. I have to agree with ScottGem, it would have been wise to put that money aside, but if you don't have it available, the only recourse is to go to court and try to win. Next time, please get everything in writing!