Thanks for looking I'll try to make this as brief as I can...
I'm afraid that if I just respond to an eviction suit my landlord is about to pursue I may not really be heard by the judge on the merits of my side and instead he may just grant them their eviction and tell me I have to bring my issues about how I have actually paid the rent before another court/judge. This would leave me having to scramble to pack and move when really I'm in the right and shouldn't have to move (at least not without 2 months notice). Also I'm wondering... if this (the worst) did happen how long would I have to pack and get out if the judge granted the landlord the eviction? This is in Dallas, TX.
That's the jist of my problem and what I need advice on... here are the other salient details:
I've been in my current apartment since 10/2005 when I moved under a deal with the landlord because they wanted to tear down my old building while I was still under lease. I negotiated moving to another of their properties at the same rate I had at the old place (there were other non-relevant concessions). I then signed a new 1yr lease 01/2006 codifying the rent at $495/mo (they told me this place went for $100 more a month normally).
When the lease term ended in 01/2007 I was told orally (I think over the phone) that I could sign a new lease or go month to month but the rate would be the same whichever I chose. The lease automatically renews month-to-month unless either party gives 60 days notice.
I was unsure if I wanted to stay anyway because the location wasn't ideal for me, but ended up staying because moving is such a chore... but I started paying $100 more/month then for a few reasons: I knew I didn't have a guarantee that rent wouldn't go up with more than 2 month notice; I was thinking of moving and wanted to know if I could handle that much more of a payment; and I had tried saving money in a savings account before and because the money was too easy to get to I never ended up saving any significant amount. I wanted to build up a buffer so in case I had money difficulties later I would be covered on rent for a while. I did this for 16 months and should have had $1600 pre-paid built up when...
This time came last month when I had to use some of my buffer because I'm unemployed and looking for new work. But I got a Notice to vacate for non-payment of rent and so went to clear things up with the manager (who is the 3rd or 4th since I moved in and she wasn't there when my lease was signed). She tried to tell me that I had no buffer that instead I had been paying $100 extra every month all this time as a "month-to-month" fee. I had never heard anything about this until then and I went home and re-read the lease carefully and nowhere in the lease does it say anything about any $100 month-to-month fee.
Then they sent a letter telling me that effective 08/2008 my rent would be going up to "$660.00 (market rate on this unit) plus our standard $100 month to month fee ..." or I could renew a lease at a rate of $610/mo.
After several talks with her I got nowhere and she informed me that she'd be filing for eviction early this month. She also said I should have got a letter like the one they just sent about increasing my rent, back when my lease term ended, but I never got any such letter. She even showed me a large binder full of such letters sent to residents but could not show me one such letter that was sent to me. It was a different manager but I never got any such letter. I also found one clause in the lease when I re-read it buried deep in the lease under 33. Miscellaneous:
"Written notice to or from our managers constitutes notice to or from us. Any person giving a notice under this Lease Contract should retain a copy of the memo, letter, or fax that was given, as well as any fax transmittal verification. Fax signatures are binding. All notices must be signed. Notices man not be given by email."
I'm not sure but I think this means they would have to have kept such a notice that supposedly should have been sent to me informing me of any extra $100 month-to-month fee like they have with that binder full of notices... but they couldn't find one sent to me because there was never one sent to me.
Hope that wasn't too long, but I think it describes the situation thouroughly and accurately. I can't afford the rent right now so I can't afford to hire an attorney to help me, but I'm a pretty bright guy so I hope I can represent myself competently. Any advice would be GREATLY appreciated!
Thanks,
tremmor
I'm afraid that if I just respond to an eviction suit my landlord is about to pursue I may not really be heard by the judge on the merits of my side and instead he may just grant them their eviction and tell me I have to bring my issues about how I have actually paid the rent before another court/judge. This would leave me having to scramble to pack and move when really I'm in the right and shouldn't have to move (at least not without 2 months notice). Also I'm wondering... if this (the worst) did happen how long would I have to pack and get out if the judge granted the landlord the eviction? This is in Dallas, TX.
That's the jist of my problem and what I need advice on... here are the other salient details:
I've been in my current apartment since 10/2005 when I moved under a deal with the landlord because they wanted to tear down my old building while I was still under lease. I negotiated moving to another of their properties at the same rate I had at the old place (there were other non-relevant concessions). I then signed a new 1yr lease 01/2006 codifying the rent at $495/mo (they told me this place went for $100 more a month normally).
When the lease term ended in 01/2007 I was told orally (I think over the phone) that I could sign a new lease or go month to month but the rate would be the same whichever I chose. The lease automatically renews month-to-month unless either party gives 60 days notice.
I was unsure if I wanted to stay anyway because the location wasn't ideal for me, but ended up staying because moving is such a chore... but I started paying $100 more/month then for a few reasons: I knew I didn't have a guarantee that rent wouldn't go up with more than 2 month notice; I was thinking of moving and wanted to know if I could handle that much more of a payment; and I had tried saving money in a savings account before and because the money was too easy to get to I never ended up saving any significant amount. I wanted to build up a buffer so in case I had money difficulties later I would be covered on rent for a while. I did this for 16 months and should have had $1600 pre-paid built up when...
This time came last month when I had to use some of my buffer because I'm unemployed and looking for new work. But I got a Notice to vacate for non-payment of rent and so went to clear things up with the manager (who is the 3rd or 4th since I moved in and she wasn't there when my lease was signed). She tried to tell me that I had no buffer that instead I had been paying $100 extra every month all this time as a "month-to-month" fee. I had never heard anything about this until then and I went home and re-read the lease carefully and nowhere in the lease does it say anything about any $100 month-to-month fee.
Then they sent a letter telling me that effective 08/2008 my rent would be going up to "$660.00 (market rate on this unit) plus our standard $100 month to month fee ..." or I could renew a lease at a rate of $610/mo.
After several talks with her I got nowhere and she informed me that she'd be filing for eviction early this month. She also said I should have got a letter like the one they just sent about increasing my rent, back when my lease term ended, but I never got any such letter. She even showed me a large binder full of such letters sent to residents but could not show me one such letter that was sent to me. It was a different manager but I never got any such letter. I also found one clause in the lease when I re-read it buried deep in the lease under 33. Miscellaneous:
"Written notice to or from our managers constitutes notice to or from us. Any person giving a notice under this Lease Contract should retain a copy of the memo, letter, or fax that was given, as well as any fax transmittal verification. Fax signatures are binding. All notices must be signed. Notices man not be given by email."
I'm not sure but I think this means they would have to have kept such a notice that supposedly should have been sent to me informing me of any extra $100 month-to-month fee like they have with that binder full of notices... but they couldn't find one sent to me because there was never one sent to me.
Hope that wasn't too long, but I think it describes the situation thouroughly and accurately. I can't afford the rent right now so I can't afford to hire an attorney to help me, but I'm a pretty bright guy so I hope I can represent myself competently. Any advice would be GREATLY appreciated!
Thanks,
tremmor