- April 13, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Dealing with Landlord Issues: A Frustrating Situation
My roommate and I have been enduring a difficult situation with our landlord for years now. He has been repeatedly banging on our doors, entering our apartment without our consent, and causing us a great deal of stress. Approximately two years ago, he informed us that his daughter would be taking over his position as our landlord. We were relieved, as she seemed like a reasonable person. However, our relief was short-lived. Recently, the landlord started accusing his own daughter of stealing from him, despite her showing us papers indicating that he has dementia.
Just a week ago, we received a “legal” letter demanding that we pay $11,000 to the family trust, rather than to the daughter. We have always addressed our checks to the family trust, but have been giving them to the daughter, who they now claim is no longer connected to the trust.
To make matters worse, today we found a “rent demand” notice taped to our door threatening eviction if we do not pay within a specific timeframe.
I have spoken to my downstairs neighbors, who are facing a similar situation in our two-apartment house, and they are considering ignoring the demands. I am seeking any advice or guidance on how to navigate this challenging and confusing situation.
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Are your rent checks being cashed? If so, then you have proof that you paid rent. Ask your bank for front/back images of your cashed checks if those images are not inclued in your monthly statements.
Have you talked to the daughter? What does she say about it all?
If you can afford an attorney or if you qualify for legal aid in your area, go do that. (Tenant attorneys tend to work cheap. Don’t be thinking you’re paying for a Wall Street attorney.
Start putting your evidence together.
Go watch an eviction trial. Don’t make the first one you see be the one that determines whether or not you get to keep your home. (Pay particular attention to how the court handles exhibits. This is the most common error pro se litigants make, and it can really annoy the judge because fixing things can take longer than you’d expect. That probably means marking them in advance (the court clerk might be able to tell you the proper format for that) and bringing 3 copies of each–one to give the other party (they need a chance to review and object before you can offer it into evidence), one to offer into evidence, and a copy for yourself since you just gave away two copies.)
There probably isn’t a way to prevent a landlord from filing for eviction. But filing and winning are two different things. This is a very incomplete version of the story, I’m sure, but this sounds winnable, particularly if you do some preparation.
Is the daughter willing to help you with documentation? Either by providing a copy of her father’s diagnosis paperwork, a sworn affidavit or testimony day of, deposit records for the trust? All of that may be helpful, but the key is going to be there documentation that you were directed to give the checks to the daughter and the cancelled checks.
Regardless of if she’s willing to help or not, get the cancelled rent checks from your bank that list the trust and whatever written notice you were given that you were to hand the checks to the daughter.
You could pay the trust directly and keep deposit receipts from now on and bring those to court. Be sure to ask the court for clear directions on the record as to how you’ll be required to pay going forward.
Get your own attorney. Tell them the whole story. If your landlord has an attorney, yours may know them professionally and be able to get the straight story from a competent source.
Follow your attorney’s directions from there.
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Who was the letter from (a law office??) and what did the notice posted on your door say? Don’t know where you are, but none of this sounds legit.
Does your area have a tenants’ union?
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