Served a three day notice to pay or quit

[knb316]

We have a 12 month lease that ends June 4, 2010. We pay 1350.00 per month, and 90.00 for water and sewer. My husband was laid off last month, so we where late paying our rent this month.On 5/12/10 the landlord served us with a 3 day notice to pay or quit, the amount he said we owed was 1740.00. Then on 5/18/10 we received another three day notice to pay or quit and a 3 day notice to perform the conditions or covenants of the rental agreement stating tenant failed to pay 90.00 for utilities. This time they where from his lawyer and the amount it said we owed was 1650.00 on the 3 day notice to pay or quit.

Our rental agreement states we must pay 50.00 for late fees if we pay rent past the 5th of the month(a one time fee). And it states that we paid 1350.00+1350.00(deposit)+90.00(deposit for water and sewer), it does not say we where responsible to pay the 90.00 every month.

I need to know if the notices we received are valid because they state 2 different amounts owed(1740.00 and 1650.00). I thought a 3 day notice to pay or quit could only state the total amount owed for the rent, and that it can not include amounts owed for late fees, or utilities.

When we go to court can I dispute them because they both show different amounts, and because they amounts are not what is owed for back rent? Also can they report a deliquency on our credit reports before the court date?

 

[army judge]

We have a 12 month lease that ends June 4, 2010. We pay 1350.00 per month, and 90.00 for water and sewer. My husband was laid off last month, so we where late paying our rent this month.On 5/12/10 the landlord served us with a 3 day notice to pay or quit, the amount he said we owed was 1740.00. Then on 5/18/10 we received another three day notice to pay or quit and a 3 day notice to perform the conditions or covenants of the rental agreement stating tenant failed to pay 90.00 for utilities. This time they where from his lawyer and the amount it said we owed was 1650.00 on the 3 day notice to pay or quit.

Our rental agreement states we must pay 50.00 for late fees if we pay rent past the 5th of the month(a one time fee). And it states that we paid 1350.00+1350.00(deposit)+90.00(deposit for water and sewer), it does not say we where responsible to pay the 90.00 every month.

I need to know if the notices we received are valid because they state 2 different amounts owed(1740.00 and 1650.00). I thought a 3 day notice to pay or quit could only state the total amount owed for the rent, and that it can not include amounts owed for late fees, or utilities.

When we go to court can I dispute them because they both show different amounts, and because they amounts are not what is owed for back rent? Also can they report a deliquency on our credit reports before the court date?

Forget what they report to some lousy credit bureau.

We're talking about your near homelessness here!

Sure, you can dispute the amounts owed.

I don't know why you're worried, though?

Your lease isn't going to be renewed.

By the time it gets to court, it'll be the 4th of June, or later.

I don't think the lawyer's three day notice is different, it just uses different terms.

Your landlord is asking for back rent, fees, and the $90.

Why not see if the landlord will accept the back rent before you go to court?

It looks like you're trying to protect your deposit.

But, once an eviction is filed, it'll go on your credit report anyway.

It will make it hard to get another rental unit.

You should try to fix this before it gets to court!

You acknowledge owing the rent.

Just agree on on what you owe.

Its not that far off.

 

[knb316]

We did already try to settle with the landlord, he told us to call his lawyer. We arent concerned with the deposit because we know we defaulted the lease by not paying rent this month. In total we should owe 1350.00+50.00+90.00=1490.00 We want to know where they got 1740.00 and 1650.00. Also we where told they already reported this to our credit, and that is going to make it hard for us to find another place.

 

[army judge]

We did already try to settle with the landlord, he told us to call his lawyer. We arent concerned with the deposit because we know we defaulted the lease by not paying rent this month. In total we should owe 1350.00+50.00+90.00=1490.00 We want to know where they got 1740.00 and 1650.00. Also we where told they already reported this to our credit, and that is going to make it hard for us to find another place.

Anytime an eviction is filed (win or lose), it goes on your record.

Yes, it affects your credit report as a civil suit, if he wins.

But, it also goes in the landlord database many landlords use to decide if they will rent to you, among other things.


Seems as if you're only $90 off.

Maybe the whole thing goes away if you offer up that $90?

But, if he sues you, you'll also be charged his attorney's fees and court costs!!!!

This is going to hurt you in a dozen ways.

Try to fix it.

Talk to the lawyer, and try to settle.

You really don't want this to go to court.

You'll lose, because you'll be evicted!

 

[Gail_in_Georgia]

Perhaps the extra $90 includes the cost of either the attorney fees for sending out the second letter or the court costs for filing for an eviction.

Gail