[KalkaWilder]

My landlord has been harassing us for months, she has unilaterally changed the due date and is stating that we have been late since day one. Well we will not submit and continue to pay as the contract requires, but she continues to verbally harass us. We told her that if she continues her harassment we will report her to the police. She came back stating that she filed one against us for "potentially being crazy, dangerous, and intending to retailate against the property." In none of our correspondence do we act this way or state any intention of this. No officer has contacted us, what can we do about this false report filed?

[cdad]

Have you seen a copy of the report? Was it actually filed? Have you been keeping all the original paperwork as well as the contract you signed? If you have all the proof that your not late as per the contract and there is nothing showing a change in contract then your still clear.

If a report has been filed and it is false you may have a case for civil suit against the landlord.

[ScottGem]

First, you don't believe her word. You contact your local police and ask if a complaint was filed.

Second, what does her verbal harassment consist of? Is it just demanding the rent? I'm not sure if that would rise to the level of a police report, but there may be a landlord/tenant grievance authority in your area you can report this to.

Did this start all of a sudden or shortly after you moved in? Can you trace the change to some incident?

[N0help4u]

Police don't tend to do much with potential and intent especially when its domestic orlandlord tenant. Intennt to retaliate against property is something they might give you a visit for your side of the story, bit nost often police like to say "We cang do anything until a crime is committed. If she tales it to district court---again she will need proof, photos, etc or they will ser she is the crazy one.

[KalkaWilder]

I have not yet contacted public records to determine if she actually filed a report or is trying to scare us quiet. I will call Monday.

I have copies of all correspondence (original lease contract, emails and certified letters stating her demand of a change of due date, our responses of not agreeing to any changes)

[ScottGem]

You didn't answer about what the harassment consists of.

Please let us know what you find out from the police.

[KalkaWilder]

Her verbal harassment consist of (1) every month on the date that she changed to due date to—that we did not agree to—telling us that we are late and owe late fees totaling $250-$350, (2) if we do not pay said late fees we will acquire a 5% daily charge of the late fee until we pay. (3) if we do not pay late fees, she will "take legal action." (4) she tell us not to use foul language when we have not—all communication is through email or certified letters, none of which are in person—she thinks that our statements of "our quiet enjoyment is being disturbed" or "can we please incorporate a mediator/interpreter" (she is foreign, and to improve communication we thought this would help) is foul language and tell us we will get our "quiet whatever" when we pay on the date she change the due date to (5) tell us to stop acting superior, she is superior to us (6) when we first told her she was harassing us, she said if we used that word again she would fine us $50 (7) when she started saying we were late, we started to send the rent payment by certified mail (we made the payment to her PO Box) she told us that she would not sign for it, that it had to be physically in her mail box and labeled the payment as late. Since she wouldn't sign for it, she taped a notice to vacate on our door giving us one day to move. I am guessing that she went to JP the next day and was denied the ability to evict because that evening a 3 day notice showed up on our door. 3 days later she signed for the check.

We get 5-7 emails a week during the week of the due date each month.

She never said anything for the first 18 months, and at 6 months to go on the contract this started happening every month, this month is our last month and we have given notice.

[N0help4u]

I hope you have proof of fue date to prove she meros changing it. Its probably to your advantage she wants everytihing in email. If print it all out and show the inconsistancies to the JP. Hopefully she is onlybhurting herself in the long run.

[ScottGem]

Ok, first, e-mails and letters are not going to be considered that "quiet enjoyment is being disturbed". Doesn't even come close.

Since you have given notice, your only real concern at this point is the return of your security deposit. She has to return the deposit or an accounting of how it was used within a specified time. The time is a matter of local law.

There is the probability that she will apply the alleged late fees towards the deposit. If she does, then you will need to sue her to get it your deposit.

[KalkaWilder]

I have the original contract with the due date of the 27th of the month (more specifically a postmark of the 27th), she changed it unilaterally to funds being received by the 26th of the month. I have all of her email/letters that it has been the 26th since the beginning, and every email/letter she had sent us has a corresponding response stating that we have not agreed to any change and do not agree to any changes.

[KalkaWilder]

My lawyer says it constitutes as disturbing our quiet enjoyment, I posted this question on here for 2nd and 3rd opinions.

[ScottGem]

When did you take possession? When did you and she sign the lease?

[KalkaWilder]

August 27th, 2011 is when we signed the contract and took possession of the property.

[KalkaWilder]

We have a 24 month contract ending August 26th, 2013.

[ScottGem]

And what does it say, if anything, about when rent is due? The postmark of the lease isn't likely to matter. If you took possession on the 27th then that is likely to be considered the due date.

But like I said, since you have given notice, the only real issue is the return of your deposit.

[KalkaWilder]

It says "lessee agrees to pay lessor $xxxx.xx at the address of xxxxxx, rent should be postmarked for the 27th of each month. Rent is considered late unless postmarked within 3 days"

[ScottGem]

Then she has no claim. Even if she didn't sign for the check, you have a receipt that it was postmarked on time.