My apartment is trying to evict me for reasons not stated under my lease. (charging me $200 for garbage bags outside my apartment) My lease is valid until 12/31/07. This is a different management company than the one i signed the lease with, however i never signed an adjusted lease. the also forged my initials on a duplicate copy of the first page of my lease.
can landlords make up rules not mentioned anywhere on a lease? i paid a pet deposit when i moved in b/c i had a dog. i gave that dog away, and recently got another dog. they are saying i have to pay them another $150 pet deposit. i paid all pet fees as associated with my lease upon move in. do i have to pay that?
i sent them a detailed letter about why i wasnt paying and that they were violating a lease. 10/07/07 is when i was told i would be evicted if i did not pay up.
if it goes to court, what can i expect?
i live in Arizona.
2007-10-02 09:15:24 · 9 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
They do have really low occupancy now and I think once the new company took over they raised rent for new tenants. i paid everything i was obligated to pay as per my lease, which was only the $150 pet deposit when i moved in. i think they are just trying to get rid of us... we dont plan on renewing the lease. if we can, we are moving out when the lease us up! i am sick of the harrassment.
2007-10-02 09:30:29 · update #1
Sept. 19th 2007 a new law came into effect here called the Arizona Landlords and Tenants Act, which says they have to honor the lease. The lease also says successors must honor it until it is void or expired. I think they are screwed but I just can't breathe easy until the fat lady sings, you know?
2007-10-02 09:36:29 · update #2
Community policies are a part of the lease and the only thing mentioned about garbage is not to leave bags outside of full dumpsters. I explained it is a different pet to them.
Good point about them having to prove the garbage is actually mine.
They did state I would have to come in and register the new dog so they could take pictures of it and issue a special tag for it. However, I know they will not let me do that without paying the $150 they are claiming I must pay, so I have not done that yet either.
2007-10-02 10:06:15 · update #3
These are your rules for your state. In my opinion they cant do it.
http://www.supreme.state.az.us/info/brochures/landlord.htm
Wish I could tell you more but these are the laws for your state.
Just count the rules that the Supreme Court of Arizona wrote. I cant answer the question any better. But I can see a few they are breaking.
Go with the Supreme Court of Arizona. That might be what you expect in court.
2007-10-02 09:32:38 · answer #1 · answered by financing_loans 6 · 0⤊ 0⤋
Well you only have three more months on the lease and the legal process for eviction will generally take up to six months, so you really have no real concern about finding yourself on the street.
Let them try.. most places will use small claims to process the eviction and then you have the right to counter sue for any elements of their actions which have caused you loss or distress.
meantime I would ignore their various demands for other monies. If you feel that they are possibly valid then go open up a savings account somewhere and deposit that amount into it pending the results of the eviction. That way you can present evidence that you did not pay because you disputed the matter.... not because of your inability.
Ok.. now some good and bad news.
Possible good news: Once they start the eviction process you can counter claim for duress or whatever.. in so doing you might consider putting your rent into that savings account also... that way if you win anything back, you already have the money in hand. Once again, they can only evict you once and they don't even have time to do that properly unless Arizona law is substantially different then here in California
Bad news... when you go somewhere else your new landlord is going to look at your rental history...Be prepared to justify what you have done, but also be prepared that a new landlord may not be too taken with someone who had to be evicted from their old place.
But it is precisely because of this that you prob. DO need to follow this out to its completion. The old landlord will always be giving out a negative report to any potential new landlord and you will have to offset that somehow or face losing that dream apartment.
Lastly... you should prob. check into the legal aspects of eviction in your state. There are generally free services available if your City has some kind of rent control or rent monitoring agency.
good luck
2007-10-02 09:54:36 · answer #2 · answered by ca_surveyor 7 · 1⤊ 0⤋
uh-not so fast. Is there a clause on exterior conditions (ie clean up your own trash)? If so they may be able to charge a fee for not cleaning up since they likely provide for a proper trash disposal area other than the space outside your door. The complex I manage charges $5 a bag and we will evict if it is an on going issue. Read your tenant handbook-most leases state that the handbook is part of the lease and items not covered in the lease can be dealt with in the handbook.
As for the pet-did you pay for that pet (did they want info on it like description, photo, etc) or did you pay a deposit that could be moved to another pet if the first one was no longer there? And are you sure they understand you do not have the first pet and that this will still leave you with one pet in the unit.
I would say go back and read all material and any notices they sent out. They may spell out all this info in those communications and the judge may feel that you were given proper notice. If they mailed you a notice that has a comment such as "this is now part of your revised lease or handbook" with the date on it, then that is something you have to follow.
2007-10-02 09:38:30 · answer #3 · answered by VAgirl 5 · 0⤊ 0⤋
No, you cannot legally break the lease. The repairs are made and the door is up to code. The whole situation is frustrating, I am sure, but the law will not allow you to break the lease. In the future, never accept a property are sign a lease that needs work. Wait until the work is completed before signing a lease. The personal conflict between your LL is irrelevant. Abide by the lease, or you will be penalized. If he fails to uphold his end, then call codes out again. If his actions turn into something criminal, then contact the police.
2016-05-19 16:29:51 · answer #4 · answered by alexandra 3 · 0⤊ 0⤋
This doesn't sound right. If everything is as you state ( be careful there) then you would probably win in court. They must want to get you out so that they can charge someone else a higher rent. Does that sound likely? Either way they can raise your rent after you lease is up in December, by the legally allowed amount.
Be sure to pay the amounts required by your lease, because they can evict you for that. Be sure to use a check or get a receipt.
2007-10-02 09:26:30 · answer #5 · answered by rscanner 6 · 1⤊ 0⤋
you already paid the depo and DO NOT NEED to pay it again...let them know that you know they forged your initials and if needed you will take them to court. Start looking for a new place...good luck~
2007-10-03 00:05:35 · answer #6 · answered by Calisofie 3 · 0⤊ 0⤋
If someone else left trash outside of your apartment, the landlord should have to prove that it belongs to you.
If they have no proof that it was your trash, you should be clear.
They probably don't even have proof that trash was left there.
2007-10-02 09:53:56 · answer #7 · answered by ? 6 · 1⤊ 0⤋
I agree, let them take you to court...it's a scare tactic.
You'll win.
2007-10-02 09:40:27 · answer #8 · answered by Expert8675309 7 · 0⤊ 0⤋
you'll win
2007-10-02 09:23:55 · answer #9 · answered by cole33x 2 · 1⤊ 0⤋