Ask Experts Questions for FREE Help !
Ask
    sundaeperez's Avatar
    sundaeperez Posts: 1, Reputation: 1
    New Member
     
    #1

    Nov 23, 2010, 04:41 PM
    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
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #2

    Nov 23, 2010, 05:02 PM
    Quote Originally Posted by sundaeperez View Post
    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
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Nov 23, 2010, 05:37 PM

    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.
    RE_Investing's Avatar
    RE_Investing Posts: 3, Reputation: 1
    New Member
     
    #4

    Nov 24, 2010, 09:34 AM
    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!

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

HELP renting a house on a written contract and the house is being short sale [ 7 Answers ]

Me and my family were desperately need to rent a house fast so we signed a written contract for a year but now its being short sale one month before our contract is over we paid her late fees (no more than 8 days late on rent) she charged us 50 a day because she said the bank was charging her that...

Renting a room in a house [ 3 Answers ]

What are the legalities if I were to rent out a room short term, just to people on vacation for a week or so here and there (maybe a total of 1 or 2 weeks per month). No food included. Besides submitting the income from this on my tax returns, would I need to do anything else? I'm thinking of...

House that I'm renting has been foreclosed on. [ 5 Answers ]

I am renting a house I have a 1 year lease the house foreclosed on 10-25-08 and was scheduled for sale on the court hose steps on 11-21-08 I found out about it only hours before the sale I did call and find out the trustee postponed the sale until 1-22-09 and then called the landlord and he said I...

Renting a house. [ 1 Answers ]

Hi I just moved into a house, and I have 3 months of security and I was just served papers of a foreclosure on this house. Know I rented from a realastate and they knew nothing about this.Do I have to move or do I get to live out my security? I have to write a letter to the clerk at the court in 20...


View more questions Search