I just got a “Demand for Compliance or Possession” for my apartment. The notice is seriously wrong in many way.
First, The landlord wants us to put our payments in a box downstairs in the complex, and I specifically did just that, so I don’t know why they think I didn’t pay
Second, a box is checked as “posted in a conspicous place, tenants front door”, it was actually “posted” in my mailbox in an envelope. They put it in there, supposedly sometime friday, it wasn’t there friday at 5pm so they must have put it in there today.
Thats a third messed up thing, because it clearly says, you have three days from friday the 11th when it was supposedly served.
Fourth, calls to both the “tenant relations manager” and the head guy are not returned. By monday they will have had their three days and be free to do anything, so all they have to do is not answer there phone.
Anyone have any ideas on what to do at this point?
This is Denver, which has pathetically poor tenant rights compared to places like New York.
Actually, laws protect tenants more than landlords, not that you believe that at this point. lol
With respect to the first issue, okay, so what’s the problem? You did that and they’re saying you didn’t? So you do a letter denying their allegation pointing out that you did put it in the box aforementioned and they have obviously received your rent as the check has been cashed.
Regarding issue number two, declare in writing that the notice was not received until after such and such a time and date and inside your mailbox, a Federal crime.
Thirdly, three days from the date of the notice is Monday. You don’t count the date of the letter. However, typically and in legal issues I’ve been involved w/when Notices are given, you cannot issue a Notice to a tenant on a weekend and the weekend counts as notice days. However, that point is moot. Monday is the third day. Simply state in writing that you called (note the times and dates) and left messages and they were not returned.
They do not have the right to do anything they want. If they do enter your apartment on Monday, they are breaking the law. Even the worst tenant protection laws provide that this is illegal. They have to give you notice pursuant to the terms of your lease and in accordance with the laws of the State your in.
Then they have to do legal process if they wish so to do. Just call on Monday, speak w/them. And then follow up with a letter with the points aforementioned as well as confirming your conversation w/whomever you spoke with. If you mail it, mail it Certified RRR. If you hand deliver it, make sure you take the name of the person and date and time you delivered it and make a note of it onyour copy.
May I ask what protocal has been followed? ie…What is the “grace” period before rent is considered late? Did you, in fact, remit payment late? If you either a. paid on time and they didn’t post correctly or b. paid late and they just haven’t caught up thier data entry to thier filing deadline; you should have received a demand for payment prior to the petition for ejectment (or whatever they call it there). This has the sound of a profound lack of communication and the whole thing can most probably be resolved when you are able to actually speak to the people involved.
If, on the other hand, the new company is planning a “profile change” then you may be, not to put too fine a point on it, royally screwed.
My Prop Mngt company is in SC so the local laws and proceedures mentioned are the status quo here
In NJ, when a property changes hands, not only does the new landlord have to receive an assignment of lease from the previous landlord but also has to do Assignment notices to the tenants. Further, the leases cannot be changed until the renewal date unless there are other provisoins or loopholes i nthe tenants’ leases.
So I wouldn’t let them say “Oh well, we’re changing the grace period or we’re changing this provision or that provision” until you seek advice of a tenancy lawyer or advocate.
The property was transfered about 4 months ago, but the grace period is still 5 days, I put my check in the box 2 days before the end of the month so its a non issue.
I’m just going to keep calling until they answer. I have the money, so its very silly to get evicted, heck I could pay rent twice over again, so either they lost the check, or it was stolen, the box is locked though so I don’t know.
I do know lots of landlords around here want to get rid of tenants so they can convert tiny studios to 100000 dollar condos
We’ve got new management in our complex and they’re ALWAYS “losing” stuff one way or another. We, too, got the Friday at like 8pm “Pay by Monday or else!” And, of course, marched in with the cancelled checks and everything. And then it was a notice for 56 cents on the water bill. And then it was a notice for the water bill that we’d already paid…oi vey.
Does your bank let you access your cashed checks online? With mine, I can take a look at a scan of the check and print it out, which is what I use when I have to storm the leasing office.
Did you check your account to see if the check has cleared? Yes, it may have been stolen, but then it’s your word against theirs. If they’ve cashed your check and posted it to the wrong tenant, then that’s their problem.