My landlord is harassing me, what should I do?
My landlord started calling/texting me 4 days before my rent was due threatening to take us to court because we were going to be late with the rent (we have NEVER been late and she had NO reason to think we were going to be late this time either)
A day before our rent was due she was calling/texting me about how if we did not pay by the 6th there was going to be a $75 late fee. (now that she had said this we were going to wait to put the check into her bank account until the 5th or the 6th just to be spiteful because we have been dealing with her for days now)
On the 5th she told us that she was going to be filing us to eviction court and that she was sorry she had to do this. We told her that she said we had until the 6th and she let it go.
We put the check in her account at 12:00 Noon on the 6th. She called/texted us that night around 7:00 saying that her father was on his way to our house to pick up the check because if he didn't she was going to have to charge us a $75 late fee and she just didn't want us to have to do that. After we told her that the check had been deposited she started to get angry and use cuss words with us.
Meanwhile, her husband mother called us, while we were still talking to our landlord (we didn't recognize the number so we let it go to voice mail.) The voice mail said that we need to call her back immediately because she was now responsible for the unit and she needed to know where the rent was. She did not cuss or say mean things but her tone of voice was angry.
All this was happening at the same time. Our landlord then called her bank and verified that we did indeed deposit the check and she told us so.
I just don't know what to do. We are renting off of a condo owner so I don't think that I can take this to the housing authority or anything. I HATE the fact that she is getting other people to call and harass us. I don't think she can give other people our information like that. It is not like it was a collections company it was other people in her family.
We never got a notice saying that the property management was changing so why is she having someone else call us saying that they are now the property manager? Can she threaten to take us to court BEFORE our rent is even late? Can she evict us BEFORE the grace period? Can she cuss at us and call us names for NO REASON? Like I said we were very good tenants before. Only complaining when the heat wasn't working in the middle of the winter. We always paid or rent on time or before.
She can evict you basically one day after you haven't paid rent. If rent is due on the 1st and she doesn't have it in her hands on that day, she can put a 3 day pay rent or vacate notice on your door on the 2nd. Specifics will depend on state law, so you need to look into this.
If her mother in law called you to say that she's now in charge of collecting rent for the apartment, then you need to get it IN WRITING from the landlord that his is not the case and that such a phone call was not made at her request. If it happens again, report it to the police as fraud and harassment.
I'd also get this refusal to pay out of spite out of your heads immediately.
1-landlord is an idiot
2- you don't need to talk to anyone but landlord
3-any changes in property mgmt should be given in writing to you along with instruction on where to send future rent checks
4-evictins require a written notice and probably has to be filed with court system, THEN you have at least 30 days from the date of the eviction notice
are you still with in the first 12 months of a lease or are you month-to-month at this point
does the lease say anything about evictions or anything else if you are more than 6 days late except for the late fee? - I doubt they could even legally evict you unless you were at least 30 days behind in the rent - if that was the case, why would they put a late fee penalty in the lease? - that makes no sense
Document, document, document. Make sure you document every conversation you can with her and if you can keep phone record that will prove the calls were made even better. No, she can not threaten you to take you to court before she has served you with a 3 days to pay or quit (days might be different in every state) she has to show this to the court or else it will be dismissed because she has to at least give you an opportunity to pay. If the property management has changed she has to give you a letter letting you know where the check needs to be mailed if you do not get this letter I would continue paying whomever my lease says to pay. Keep all receipts, this seems like a court case ready to happen so just make sure you cover yourself.by EN+CE - 3 years ago
Google your state LL/tenant laws and privacy rights of tenants.
First of all, your rent is DUE on the FIRST and LATE after the 5th. Pay on time and avoid being spiteful and escalating the situation. You have to deal with this person for the life of the lease, so why make it more of a problem? She may be having financial problems and your actions are worsening her situation, who knows. Just pay your rent when due and be a good, quiet tenant.
Send her a nice, businesslike letter, stating that you have never paid late (except this month), will pay your rent when due, you are sorry for the situation this month. State that you will only deal with her, as owner and manager, unless you have it in writing that some one else is managing the property, because it is just too confusing. Also request politely that she NOT share your contact and personal information with any other persons. Be friendly and polite and businesslike and keep a copy.
Source(s)by chatsplas - 3 years ago
call the police.by ted j - 3 years ago
First of all NEVER retaliate to the landlord! Not paying till the 6th CAN get you evicted. She was wrong to harass you & be rude but that did not give you any right to pay the rent late. She can threaten anything she wants to that does not make it so. She cannot take any legal action until you are actually late. So you gave her ammunition when you were indeed late out of retaliation. If this had gone to court you would be just as wrong as she was. You could have avoided most of this by paying on time.
Before paying rent to anyone but the landlord, you need something in writing from the mother & the landlord clearly stating this change. If you pay it to the mother & it was not authorized by her then that can get you evicted as well. IF anyone else gets involved again simply tell them you are not going to pay anyone different & will not talk to any one but the landlord until you have something signed by all parties.
Source(s)by Wildcat - 3 years ago