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Being threatened to pay Eviction Grounds

Discussion in 'Eviction, Recovery of Premises' started by KattAnderson, Oct 29, 2014.

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  1. KattAnderson

    KattAnderson Law Topic Starter New Member

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    So I was renting from someone in the B-town area, not the actual landlord I was no on the lease, but renting a room in the leasers apartment. I lost my job a month ago and she is evicting me, understandably. She says I have to pay $450 in Back rent, since she didn't have us pay a deposit she says there is backrent which is not stated in the paper I Signed where it had her rules on. Let me explain that I paid $500 when I moved in in two increments of $250, and then there after I paid the $450 agreed upon before or BY the 5th of each month since that is when rent was due. The way it was set up I was paying basically to live through the month paid for. I Told her I can't afford to pay her so she took the possessions I had in the kitchen, bagged them up and hid them in her room saying she is keeping them as "payment". She then said I Still owe her atleast $125 after the items she took. She told me to be out before the 5th of November, and I am leaving on the 3rd. I got a text on the morning of 10/29/2014 saying:

    "I Could either take you to court for $900, back rent and the rent for this next month. Then I will ask for Attorney fees which could be in the thousands. Then, after I win, they will dock your pay check 35-40% if you do not go to court or can't get there, they will give you a warrant for your arrest or a mistrial and I will automatically win. So to avoid all that, and keep it simple. You give me the $125, the table, and the things I took and we will be even. Either that or paying well over $3,000+."

    I need to know if she can do this, take me to court for so much money. I am getting unemployment checks but I talked to my mother and she is letting me move in with her and rent her lower apartment basement for $500 monthly, but I only have a check of $163 from unemployment, and I have to pay her. In my mind since I paid no deposit and it was not on the paper "contract" I signed of paying a back rent on move out, AND I have been paying to live through the month I paid for, I should not owe her anything. And I do not think she can take my possessions, especially since she isn't even the landlord and she is renting her two rooms illegally I believe.
     
  2. army judge

    army judge Super Moderator

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    It would be very unusual if she could recover any money form you at this point.
    However, it might be very useful in court if you could get her to put her demands in WRITING.
    You could take her written THREATS to court as part of your defense in this matter.
    Don't commit or promise anything, just ask her to put her demand sin writing.
    Don't sign it, if she is STUPID enough to do so.
    Do take the written "agreement" to court to show that she is attempting to use side deals to extract money from you.
     
  3. KattAnderson

    KattAnderson Law Topic Starter New Member

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    I have her threats on text and all of that she has for demands money wise and the fact she said she took my belongings, and previous threats for her to take them. But I want to avoid court all together. Would she have a chance to win at all or is she bluffing to get me to give her my belongings and the money?
     
  4. mightymoose

    mightymoose Moderator

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    It seems to me you owe her rent for the current month if it has not been paid. After all, that is why you are being kicked out.
     
  5. KattAnderson

    KattAnderson Law Topic Starter New Member

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    I paid her on time for the month of october. I lost my job for it because I couldn't work that weekend due to no money for my ferry(a whole different matter since I told a manager twice with two witnesses seeing I told him about the situation)As stated I moved in and paid no Deposit, just the amount for rent. Then from there on I paid before the next time rent was due, so each time she paid rent me and the other roommate paid on time so each month we were the ones paying. Rent for the unit is $825, I paid $450, the other roommate a male paid $500. She didn't pay rent. She pays for electric which is about $70 a month and she says "other bills" but the units here only make you pay for electric..
     
  6. army judge

    army judge Super Moderator

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    Okay, no sweat off of my back. Do it your way. I wish you well.
     
  7. Disabled Vet

    Disabled Vet Active Member

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    I would call the cops.... Ask them to go with you to get your things. It's your property.... Bring the text messages with you... make copies of these text messages now in case your phone crashes. print off your phone logs as well so it shows the incoming text messages from her number.
     
  8. screwed1234

    screwed1234 New Member

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    In mass it is illegal for her to hold your possessions for rent. Call the police. Also, this is a he said she said situation. Unless you have a written agreement tennants at wil are required to give a 30 day notice.
     
  9. mightymoose

    mightymoose Moderator

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    The police will not likely help you with this. This is a matter for the civil court, including the dispute over the held property.
     

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