Not sure if anyone could really answer this for me, but here goes. I'm trying to get disability, and the landlord knew this before we moved in, and she even told me several places to try including Social Security, which I had already done. Well, just 2 weeks ago before July my husband got laid off from work, so there was no income coming in, and I tried calling her and telling her this, but she had told me she had just buried her brother. So, my husband applied for unemployment, and now we have to wait atleast 4 weeks for his check. Then on July 2nd we got a 3 day notice on our door, but when we looked at our receipt from last month, she had put that she received July's Rent and signed it, instead of putting June's Rent. So the question is; if we go to court will we have a case? I've tried looking up Ohio laws, but nothing really explains this. Can someone here help me??
2007-07-09 00:09:04 · 7 answers · asked by MARCIA M 2 in Business & Finance ➔ Renting & Real Estate
Well sometimes she doesn't give an actual receipt, just a piece of paper and signs it, but sometimes she doesn't even give us a receipt, because she only accepts cash.
2007-07-09 00:22:06 · update #1
You people must really think the worst of me, you must be all prejudgmental alot aren't you. You should hang your head in shame. I'm never asking a question on here again, since you people think I'm gonna lie to the courts, what kind of people are you!! You must be a bunch of biggets, and besides you have no idea how this landlord is & started rumors and I've had the neighbors threaten me because of her rumors. She's mentally disturbed, and if we knew this before we would have never moved in here. She had a sex offender in this place, before we moved in, but didn't know it, until the neighbors next door told us. She has a split personality, one min. shes nice the next shes mean, she never calls us and asks us where the rent is, just post notices, and expects us to call her. She bangs on my door on the first asking where her money is, never calls and asks. I've given her my phone number 50 times and she never calls, so don't prejudge, before you know who your dealing with!!!
2007-07-10 06:10:24 · update #2
Such mistakes are not loopholes in the law and are easily corrected in court.
2007-07-09 00:12:23 · answer #1 · answered by omnisource 6 · 2⤊ 0⤋
Landlord and tenant laws vary from jurisdiction to jurisdiction but the answer to your question is that your receipt will not save you. A receipt is evidence that you paid your rent but testimony can override that evidence. The rent was not paid in July and the landlord will testify to that. Putting the wrong date on a document is a simple scrivener's error and it happens often.
In Ohio after the 3 day notice is given, the landlord must file a complaint in court to proceed with eviction. You can try to talk to her prior to her filing a complaint. You can determine whether you will be able to pay or whether you can work something out with regard to a move. It is always better to try to work things out. In the long run, you do not want an eviction on your credit report and the damages will be much greater if you do go to court.
Good Luck.
2007-07-09 00:51:02 · answer #2 · answered by Anonymous · 1⤊ 1⤋
The only thing is that now you do not have a receipt for Junes rent. A three day notice is a notice notifying you that if money is not received in three days, she can then file a 30 day notice of eviction which will include a court date, since you have a receipt for July, she can turn around and file another 3 day notice including maximum penalties and late charges for the non payment of June which can be in excess of $200 plus the filing fee for the eviction, if you pay her say $50 towards July's rent and she accepts it as intent to pay that will null and void the three day notice, same goes for if she formally files an eviction notice and she accepts any monies from you in any denomination, that will void the eviction as well. Hope this helps.
2007-07-09 00:18:31 · answer #3 · answered by carpathian mage 3 · 1⤊ 2⤋
This is a common mistake and she should have read it. This isn't a free pass for you. This happen to us years ago too.
I would try and speak with her. She owes you nothing and, because you told her your husband wasn't working, you were, and you had an income she was basing your rent on. It's just one of those things, now neither of you are working so, your going to have to work this out with her.
If you try something like your thinking, your going to make bad feelings and I don't think your in that position right now. Talk to her before things get out of hand.
2007-07-09 00:56:53 · answer #4 · answered by cowboydoc 7 · 1⤊ 0⤋
OMG~~~~~Your problems are not relevent to the landlord. Renting is a business....He/she probably has a mortgage/bills to pay, and by you not paying rent they are stuck. Shame on you for trying to scam your landlord. What you are telling us is that you plan to go to court and lie under oath that you paid July's rent when you know you didn't. It's people like you that give tenants a bad name. Keep looking up Ohio laws....I bet it say's nothing about tenants right to commit perjury.
2007-07-09 09:23:39 · answer #5 · answered by LILL 7 · 0⤊ 1⤋
your not only trying to get over on the system but now your trying to get over on this woman! have a heart! like u said her brother just passed away. im sure your the last stressful thing she needs. stop making excuses an dpay up otherwise get some boxes and move out. u shouldnt be living there with out paying rent and then using a clerical mistake as a way to recieve an extra month. shame on you!
2007-07-09 01:35:51 · answer #6 · answered by spadezgurl22 6 · 3⤊ 1⤋
You'd probably be better off going to your local Housing Authority for answers, they'll know what to do.
2007-07-09 00:18:53 · answer #7 · answered by Anonymous · 0⤊ 3⤋