Problems with Landlord

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tricia40

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Recently my roomate had moved out and a new roomate had moved in as of March 1st. I kept telling the old roomate that she needed to get her name off the lease and put my new roomates name on the lease, which she never had done. To make a long story short our April rent was late...half of which was paid on the 19th along with a letter explaining the situation and that the other half would be in by the end of the month and that we would pay may and june's rent at the sametime. On April 28th we received a notice on our door that the landlord had filed a complaint against us and is taking us to court on the 9th of May. As soon as I got home and saw that I contacted the office immediately. I advised them that when my roomate got out of work, which was 6pm, she would be dropping the rest of April rent off. She began to tell me that it was already 5pm on friday and that it was too late. I asked her why no one contacted me, which is what the letter said "if you have any further questions please contact me", and that I wanted to speak to Management. (Which is Emess Management which I have been reading a lot about lately and how they try to get extra money out of people illegally!!!!) She then replied to me I'm not going there with you and hung up the phone. I have been trying to get in touch with emess management and they just dont answer their phone or call anyone back. I really don't know what to do. My new roomate is going to have her name put on the lease on Thurs and I guess we will be going to court on Tues, the 9th. If anyone has any adviced as to what I should do, please let me know!!!!! I can not be kicked out of this apt. and I think this is very unfair considering I have lived there for a year and this is the first time we were late with rent!!

A couple little things to consider. My sliding glass door was broken and I paid $500 to have a new one put it. They said it didn't include the screen and the lock is broken. I called about the lock and they said to just use the bar.....I did not pay $500 to not have a working door. Also we are charged an extra $50 from October to April for heat. I complained about paying April but they insisted that we had to b/c it snowed a couple weeks before that. On sat, the 29th, it was chilly so I decided to turn the heat on and it didn't even work!!! I'm scared to countersue for these things b/c they might kick us out!!
 
I think you have some separate issues. While they all frusttate you, they are different.

Getting the right names on the lease was the responsibility of all three of you. Old roomate should have notified the company she was leaving and the new romate should ahve signed the lease prior to moving in. Looks like you will be taking care of this problem Thursday.

I think the more important issue is that you guys paid your rent late. I'm not sure how that ties into the lease issue. Your lease is a binding contract that you agree to pay on a certain date. Not paying it on time is a violatio. Different states have differnt laws on what actions an owner or management cmopany can take to enforce a lease. Get in touch with your state or local housing authority or attorney general's office.

The thing with the door. Unless you damaged it, I'm at a loss as to why you had to pay for the repairs. Again, this is where you need to find out your rights as a tenant in your state. Unfortunately, that is not sufficient to withhold rent. Normally you can obly withhold rent for sanitary code (health code) violations and you have to do it in a certain way.

Sit down and read your lease so you know what it says about adding people to the lease, paying rent, and repairs. Your lease will be the basic document the courts look at. Then google tenants rights and your state and see what hits come up. If you post your state I can help you find some resources.

Ibis
 
Thanks for the information. The company is based out of NJ but I actually live in Pa. The door it was something that was damaged by someone that was visiting, which I still have to take him to small claims court for, but what I'm saying is that I did pay for a new door not a broken one. I am going to go home and read the lease again and see if there is anything else I can take with me to court. The only thing that really bothers me is that when I paid the first half they sent us a letter stating any amount over $50 that is not paid by the 2nd will be charged 10% late fee which led me to the conclusion that we had pretty much til the 2nd atleast to pay the rest of the amount and that there was no court action going to be taking place.
 
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