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helpmeplease123 · Feb 14, 2008, 02:36 PM

In 2005 we were renting and apartment, we were going to be moving when our lease was up the first of march.. Feb 1st I wrote out a 30 day notice to give to the landlord. I gave it to the assistant manager of the apartment complex we lived in. She returned it to me telling me she couldn't take it because there were only 28 days in February, I told her I would write out another one making the date for apr, 1st and do the month to month for the month of march. She told me she would just use the one I gave her and we could move out April 1. All was fine, or so I thought. The place we were going to move into wanted a paper from where we lived now stating we didn't owe them any money. The assistant manager faxed this over to them. On march 31 we moved all of our things out and left the keys in an envelope in the drop box because the office was closed left our forwarding address in the envelope to for our secuirty deposit. After we had been at the new address for one month I had a police officer show up and my door to serve me with eviction papers from the other apartment. I called them to find out what was going on, spoke with the manager and she said she wasn't aware that we were moving and never got the keys. I asked to speak to the assistant manager as she was the one I dealt with through all of this and was told she had moved to califonia, I am in Florida, and no longer worked for them. They charged us for a months rents and cable fees and eviction costs. I called the corp. office and they wouldn't listen to me either. My question is, can I do anything about this or am I just out of luck. It was in 2005 so I really don't know that statue of limitations on something like this. Right now we are trying to rent a new place and this is hindering it because it is showing up as an eviction, anything I can do?

bEaUtIfUlbRuNeTtE · Feb 14, 2008, 03:08 PM

As long as you gave an employee the necessary paperwork and such then there shouldn't be a problem. This is an issue the management company should deal with not you. It was their mistake that something didn't get confirmed. You did what you needed to do. How much are they charging you? If it is a petty amount then I wouldn't sweat it and just pay. If it is outrageous then I would get a lawyer but this situation sounds to small to be getting this big.

And yes, you can fight this!

helpmeplease123 · Feb 14, 2008, 03:35 PM

It was like a total of 1700.00. We did give all the paperwork however, we were originally planning on moving out the first of march, when she told me there was only 29 days in dec and we couldn't move out in march it was changed to the first of April. She told me there was no need to write a new notice they would use the one we gave for February. There is where the troubles come in, Since we did not move out the first of march as was stated in the notice but stayed until April I am thinking we don't have a chance. The assistant manager is no longer there no way to get ahold of her etc to verify all of this. It was back in 2005 so she may not remember anyway. The lease states a 30 day notice and we did give one, but things didn't work as we had planned when she told us we couldn't move out in march. I should have just wrote out a new one but I took her word for it that it would be OK just to use that one. Proof of them knowing that we were moving, was that the assist manager faxed over a letter to the aprartment we were moving into stating we didn't owe them any money at that time. I don't know if that will be enough of not. Even if I do pay the amount they say we owe, the eviction is still going to be on our record and that is what is hurting us right now. No one will rent to us because of it.

LisaB4657 · Feb 14, 2008, 04:29 PM

Make sure you show up in court on the date of trial for the eviction. Tell the judge the entire situation. Try and get a copy of the notice that the asst. manager faxed over to your new landlord. If you can't get a copy of the notice, see if you can have someone from the new landlord's office appear in court with you to testify that they received the letter. Once the judge hears that your old landlord will be out of luck.

Afterwards, file a lawsuit against your old landlord for a refund of your security deposit.

helpmeplease123 · Feb 14, 2008, 04:46 PM

This happened in 2005 they had already put the eviction papers on the old apartment that we lived in this is long over with. We disputed it with their main office didn't do any good. It is still on our eviction records. I am wondering since this happened in 2005 can we do anything about it now?

LisaB4657 · Feb 14, 2008, 06:08 PM

Unfortunately I don't think you can re-open an eviction proceeding from 3 years ago. All you can do is write a letter of explanation to your prospective landlord and show them a copy of the letter that was sent by the old asst. manager (if you have it). If you can get anything in writing from the person who received that letter that would help.