My landlord says that I owe her more than what I actually owe.?

Question

My rent is only 385.00 a month. It is late for this month. According to my lease agreement I am to pay $15.00 if the rent is not paid on by the 5th, plus an additional $2.00 each day it is late.

The landlord sent me a Demand For Possesion for Non Payment of Rent. It states that I owe $561.00 and that I have 7 days to pay or move out.

Do I write my lanlord a letter stating why I don't owe that much and just pay her what I do owe?

Answer 1

The landlord is not supposed to ask for rent up to the date she has to make rent current.. she is to pay the rent, plus the 15$ fee, plus $2 a day thru the 18th, which would be $385+15+36=$436. This is to make her current including late charges. The landlord is not shorting herself anything. The tenant is paying rent in advance when she pays the $385. How do you assume she also can demand the additional per diem?

I would ask how the landlord is calculating the $561. Is there a legal or courier fee for delivering the notice (for example, did a sheriffs deputy or process server deliver it)?

Answer 2

What history do you have with this landlord?

That seems rather aggressive for only being 11 days late.

I am a landlord. If people will tell me why they are having trouble, such as lost a job or getting fewer hours I try to work with them.

Have you spoken with your landlord about the reason that you do not have the money right now?

If your landlord is unreasonable I recommend that you find another landlord that is more reasonable.

Since this landlord is giving you 7 days to move out for only being 11 days late with the rent that sounds rather unreasonable to me.

I have a number of tenants who are more than 11 days late and I do not give them notices telling them to pay or move out.

If your landlord is this aggressive she can do a lot of damage.

If your landlord starts eviction proceedings against you that can make impossible for you to rent another property.

I think that you would be wise to talk to an attorney who specializes in landlord tenant law to protect against this landlord.

A letter to your landlord will not not be sufficient, especially since she is only giving you 7 days to pay or move out.

Answer 3

Are there utilities due, court costs, attorney fees?

Either pay it and stay, move out or wait until you have received an eviction notice.

When you go to court, have the landlord explain how she came up with the numbers to a judge.

Since your landlord had to sue you for last month's rent (previous post) she is done playing with you.

Answer 4

Actually if your landlord included the rent you owe for each day up to and including the 7 days she gave you to pay up in full It should have come to $578.
{$385+$15+($2X12)+($385/30X12)} Your landlord is shorting herself by $17.

My advice: Pay up or move out.

Answer 5

If you're going to write anything, write a request for your tenant ledger. This will encourage them to give you all the details; what you owe, when you owed it, and why. I don't know what state you live in, but it may be unlikely that they can force you out in only seven days, unless you're a day to day or week-to-week tenant.

Answer 6

You landlord may be including attorney fees & court costs associated with an eviction. Check your lease.

Answer 7

Ask her how she came up with that number. Then if you don't agree, pay what you think you owe.

Answer 8

You'll need to come up with the documentation that you paid the previous amounts...cancelled checks, receipts, etc...whatever you have. Hopefully you have good records, otherwise its her word against yours. :(