[syracuseblue]

I am currently having a disagreement with my landlord. She owns the house next to where I reside right now. Her mother is renting the house next to me and without the landlord knowing the her son was staying with her.

Her son ( the landlords brother) got in a huge fight with his ex wife in the front yard that ended in physicallity between the two parties and mulutiple threats of killing me and burning my house down. He has numerous arrests and convictions for a various amount of violent and non violent crimes.

Wheni approached my landlord about breaking my lease a week later due to not feeling safe in the residence she stated that was " not her fault".

My rent is due mid month and I asked to pay my rent up for the month (April) and use my security deposit for the final month (may). She replied 3 (2 Apr) days later stating that she is being nice enough to let leave and she demanded all the rent for that month and the next month when due.

She later filed a three day notice and a complaint with the court for late rent. The problem is that she never posted a three day notice on the residence and the first time I saw it was when it came from the clerk of the court.

I put all of this in my answer to the court.

[syracuseblue]

She also excepted the money for the May rent on 3 May and cashed the money order. This was after the 3 day notice was supposedly filed 30 Apr.

[AK lawyer]

... My rent is due mid month and I asked to pay my rent up for the month (April) and use my security deposit for the final month (may). She replied 3 (2 Apr) days later stating that she is being nice enough to let leave and she demanded all the rent for that month and the next month when due.
...

So you paid April's rent on or before April 15th and didn't pay rent for May on or before May 15th? She's right. She doesn't have to apply your deposit toward your final month's rent. You owe her May's rent.

... She later filed a three day notice and a complaint with the court for late rent. The problem is that she never posted a three day notice on the residence and the first time i saw it was when it came from the clerk of the court.
...

How do you know she didn't post it and, before you looked something happened to it: the wind blew it off, someone took it, it fell off, etc.

[syracuseblue]

When I submitted my response to the clerk of the court it was for denial of eviction and also dtermination of rent due.

I included email traffic between the landlord and myself after the supposed 3-day notice was posted talking about how to work the resolution of the problem. She had said in phone conversations on that she needed her money by 4 May. The day that the 3 day noticed was dated she called me about money and stated if I did not have it to here by 4 May she would have to go to the court house. On 4 may she went to the court house and provided a false 3 day notice. The 3 day notice was dated for my rotational day off work and I was home all day.

She accepted the Money order and did not return it even though the law states that any money received after the third day is to be returned.

The paperwork that she submitted to the court asked for the full amount not taking into consideration that money that I had paid her via money order. That is the reason for the motion to determine rent.