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mtru1976
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| Joined: | Mon Jun 30th, 2008 |
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| Posts: | 2 |
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Posted: Tue Jul 1st, 2008 03:13 pm |
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| On the lease matter it stated late fees where 100.00 after the 4th he is now stating that late fees are 136.00 after the 3rd we did pay him already for the months we were late but he is stating that we owe him more for the outstanding amounts of the 36.00,. Now that he stating he changed the fee and date I told him I will not pay those amounts since the original lease was not being followed. He stated he would take us to court for all the dates dating back to when the lease was active. He never notifed us of lates fees owed until 2 years laters after the lease had expired and that is when he stated it was 136.00 after the 3rd. At which time he stated we owed 1088.00 because deposits into his account posted on the 4th not the 3rd. that was 8 months of fees of 136.00. Now again since then he stated we owe him another 1224.00 for 9 months of the same thing. He is also stating that we owe him a 1000.00 deposit however on the lease it states management is acknowledging recpt. of 1000.00 dep. He stated that since he never gave a recpt to us that he can state it was never recvd. Can he do that even though it is on lease that he did recv. it? See this was a friend who rented to us and he wanted to sell us the house just after a year because he stated after the 1st year he has to report to the IRS that he is receiving rental income. However for the past 2 years he never filed that info with the irs so they never taxed the rental income. I feel he is just trying to get away with things he shouldn't be getting away with. Can I take that to court with me as well?
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OH landlord
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| Joined: | Wed Sep 12th, 2007 |
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Posted: Tue Jul 1st, 2008 01:00 pm |
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Call the clerk of court about the notice. In many states, you not only can't count the date it is served but you cannot count weekends or holidays. If I served a 3 day here on June 9th, I could not file for eviction until June 15th (the 10th, 11th, and the 14th being the 3 days of notice). Call and ask.
When a lease expires, you continue on under THE SAME TERMS as the original lease, but on a month to month basis. Did your original lease have late fees in it? Did you receive notice at some time that late fees would be implemented? If so late fees should have been paid each time rent was late. Did you pay these?
The last issue is did he give you notice each time that you owed a late fee? Did he attempt to collect it or notify you that you owed it? If not, some state laws won't allow him to come back and retroactively attempt to collect it. If you were notified though, and chose to ignore the notices, he may be able to collect these fees as you should have paid them.
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mtru1976
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| Joined: | Mon Jun 30th, 2008 |
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Posted: Tue Jul 1st, 2008 03:55 am |
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| A 3 day notice was given dated for june 9th it stated that we had until the 11th CO state law states that the date of issue can not be counted as a day. We left on the 12th. Can the landlord still take us to court if the actual eviction process had not been started? Also we had lived in the house for 3 yrs which only 1 was under a lease a new lease was never issued after the first year. He is now trying to state we owe over 2500.00 in late fees does he have a leg to stand on if there was no lease for two years and the original lease state nothing about if the that lease expired?
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