cantcatchabreak
New Member
I'm in California, and reside in a residential apartment complex. I have lived here for 2.5 yrs problem free; Not a single write up, party or complaint--ever. My apartment was always complimented by property manager on being the best maintained, etc.
I have been unemployed for the past year and a half. I was on unemployment for a bit and never had a problem paying rent--ever. A car accident shortly after my layoff happened and a taxi expense I was forced to do, hit before my rent check thus bouncing my rent check. For over a year I've paid via cashier's check, on time, for the unfortunate bounced check. I asked the mngmt and owners if I could be taken off the cashiers check status because I'm now on disability instead of unemployment and am actually making less than before. The owners agreed and I paid the past 3 rent checks on time, via personal check, no problem.
With my new disability payment schedule, the checks were not hitting my account until AFTER the late, cut off period per the lease. I wrote the owners a letter asking them to work with me on this being that I'm not in a financial position to "cushion" my account, and can only pay rent when I get the second check for the month. I even went as far as to outline my pay schedules for the next year so they could fully understand the issue. Lastly, I'm entering arbitration with AT&T and am asking a little over $70,000 for a settlement. I informed the owners of my goal, should I be granted anywhere near my demand amount, to pay them in full for my next year's rent. I just proposed the idea of handing them a check for a lump sum of $14,000! One would think they would be grateful with that kind of an offer.
The owners responded-- didn't mention anything re: the $14,000 check but did respond with a cold $72 late fee and now re-nigging on our agreement to pay via personal check, and told me I needed to go back to cashiers checks. Also, that my rent and $72 fee were to be paid immediately in full in a cashier's check (their letter was given to me on the "late day" per the lease) 2 days later and a Sunday (banks closed and I was unable to get a cashiers check) I wrote a response to the owners saying that I was taken back by their insensitivity, but enclosed was a personal check for $1,267 and that the funds were 100% available. Management cashed my check and it went through just fine. Today, a week later, I came home to find a letter (no envelope) posted to my door. A 60 day notice. My lease expires June 1st and I'm to be out on that date--no explanation as to why.
I am absolutely in no financial position to be moving. I don't have money for food after I pay my rent and bills, and now I'm forced to hire a mover and find another apartment. I LOVE my apartment and am absolutely crushed and at a loss for words. I've been hysterically crying so much tonight that someone in the complex actually called the police to do a welfare check on me.
I firmly believe I'm being kicked to the curb because the greedy owners don't think I have enough money to pay them on my disability income. My disability is a sleep disorder, that sends me into an immediate REM sleep and I don't hear my alarm clock(s) blaring, going off for a good hour sometimes because I'm in such a deep sleep. I wholeheartedly believe that people in the complex may be "annoyed" by my disorder (though nobody has ever mentioned it to me) having to hear my alarm going off, combined with the owners lack of faith in my ability to pay on time. I feel incredibly discriminated against and intend to sue.
a) Do I have a leg to stand on re: discrimination based on my disability
b) Does a landlord have to ever give reason to terminate a lease upon it's expiration?
c) Legally, does the landlord have to post the letter AS WELL AS send a version via mail (certified or otherwise)? If so, and the landlord fails to mail a version, what recourse do I have based upon their mishandling of serving notice?
I have been unemployed for the past year and a half. I was on unemployment for a bit and never had a problem paying rent--ever. A car accident shortly after my layoff happened and a taxi expense I was forced to do, hit before my rent check thus bouncing my rent check. For over a year I've paid via cashier's check, on time, for the unfortunate bounced check. I asked the mngmt and owners if I could be taken off the cashiers check status because I'm now on disability instead of unemployment and am actually making less than before. The owners agreed and I paid the past 3 rent checks on time, via personal check, no problem.
With my new disability payment schedule, the checks were not hitting my account until AFTER the late, cut off period per the lease. I wrote the owners a letter asking them to work with me on this being that I'm not in a financial position to "cushion" my account, and can only pay rent when I get the second check for the month. I even went as far as to outline my pay schedules for the next year so they could fully understand the issue. Lastly, I'm entering arbitration with AT&T and am asking a little over $70,000 for a settlement. I informed the owners of my goal, should I be granted anywhere near my demand amount, to pay them in full for my next year's rent. I just proposed the idea of handing them a check for a lump sum of $14,000! One would think they would be grateful with that kind of an offer.
The owners responded-- didn't mention anything re: the $14,000 check but did respond with a cold $72 late fee and now re-nigging on our agreement to pay via personal check, and told me I needed to go back to cashiers checks. Also, that my rent and $72 fee were to be paid immediately in full in a cashier's check (their letter was given to me on the "late day" per the lease) 2 days later and a Sunday (banks closed and I was unable to get a cashiers check) I wrote a response to the owners saying that I was taken back by their insensitivity, but enclosed was a personal check for $1,267 and that the funds were 100% available. Management cashed my check and it went through just fine. Today, a week later, I came home to find a letter (no envelope) posted to my door. A 60 day notice. My lease expires June 1st and I'm to be out on that date--no explanation as to why.
I am absolutely in no financial position to be moving. I don't have money for food after I pay my rent and bills, and now I'm forced to hire a mover and find another apartment. I LOVE my apartment and am absolutely crushed and at a loss for words. I've been hysterically crying so much tonight that someone in the complex actually called the police to do a welfare check on me.
I firmly believe I'm being kicked to the curb because the greedy owners don't think I have enough money to pay them on my disability income. My disability is a sleep disorder, that sends me into an immediate REM sleep and I don't hear my alarm clock(s) blaring, going off for a good hour sometimes because I'm in such a deep sleep. I wholeheartedly believe that people in the complex may be "annoyed" by my disorder (though nobody has ever mentioned it to me) having to hear my alarm going off, combined with the owners lack of faith in my ability to pay on time. I feel incredibly discriminated against and intend to sue.
a) Do I have a leg to stand on re: discrimination based on my disability
b) Does a landlord have to ever give reason to terminate a lease upon it's expiration?
c) Legally, does the landlord have to post the letter AS WELL AS send a version via mail (certified or otherwise)? If so, and the landlord fails to mail a version, what recourse do I have based upon their mishandling of serving notice?
